[HISTORY: Adopted by the City Council of the City of Atlantic
City 9-17-2014 by Ord. No. 52-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 236,
Toy Guns, adopted 6-6-2001 by Ord. No. 27-2001.
A.
Sale of toy pistols. It shall be unlawful for any person to sell
or dispose of to a minor any toy pistol or pistol that can be loaded
with powder and ball or blank cartridge to be exploded by means of
metal caps, but nothing herein contained shall apply to the sale or
disposal of what are known as "firecracker pistols," "torpedo pistols"
or such pistols as are used for the explosion of paper caps.
B.
It shall be unlawful for any person to sell or offer to sell, possess
or use or attempt to use or give away any toy or imitation firearm
which substantially duplicates or can reasonably be perceived to be
an actual firearm unless:
(1)
The entire exterior surface of such toy or imitation firearm is colored
white, bright red, bright orange, bright yellow, bright blue, bright
pink or bright purple, either singly or as the predominant color in
combination with other colors in any pattern; or
(2)
Such toy or imitation firearm is constructed entirely of transparent
or translucent materials which permits unmistakable observation of
the imitation or toy firearm's complete contents; and
(3)
The barrel of such toy or imitation firearm, other than the barrel
of any such toy or imitation firearm that is a water gun, is closed
with the same material of which the toy or imitation firearm is made
for a distance of not less than 1/2 inch from the front end of said
barrel; and
(4)
Such toy or imitation firearm has legibly stamped thereon the name
of the manufacturer or some trade name, mark or brand by which the
manufacturer can be readily identified; and
(5)
Such toy or imitation firearm does not have attached thereto a laser
pointer.
C.
Subsection B of this section shall not apply to:
(1)
The possession or display of toy or imitation firearms by a manufacturer
or dealer solely for purposes of sales that are accompanied by delivery
to a point without the City;
(2)
Any toy or imitation firearm that will be used only for or in the
production of television programs or theatrical or motion picture
presentations; provided, however, that such use of any toy or imitation
firearm complies with all applicable laws, rules or regulations concerning
request and receipt of waivers authorizing such use;
(3)
Nonfiring collector replica antique firearms, which look authentic
and may be a scale model but are not intended as toys, molded on real
firearms designed, manufactured and produced prior to 1898.
D.
Air pistols and air rifles; selling or possessing:
(1)
It shall be unlawful for any person to sell, offer to sell or have
in such person's possession any air pistol or air rifle or similar
instrument in which the propelling force is a spring or air, except
that the sale of such instruments, if accompanied by delivery to a
point without the City, and possession for such purpose, shall not
be unlawful if such person shall have secured an annual license from
the City authorizing such sale and possession. The sale and delivery
of such instruments within the City from one licensee to another licensee,
and the use of such instruments in connection with an amusement licensed
by the Division of Consumer Affairs or at rifle or pistol ranges duly
authorized by law, shall not be considered a violation of this section.
(2)
All persons dealing in such instruments referred to in this section
shall keep a record showing the name and address of each person purchasing
such instrument or instruments, together with place of delivery, and
said record shall be open to inspection during regular business hours
by the officers of the Police Department of the City.
(3)
Every person to whom a license shall be granted to sell, possess
and deliver the instruments described in this section shall pay an
annual fee of $10.
