[HISTORY: Adopted by the Board of Commissioners (now Council) of
the Town (now Township) of Montclair 4-15-1980 by Ord.
No. 80-12 as Ch. 115 of the 1979 Code. Amendments noted where applicable.]
No person shall conceal about his or her person or his or her clothing
or display in a threatening manner any dangerous or deadly weapon, including
but not limited to any pistol, revolver, slingshot, cross knuckles, or knuckles
of lead, brass or other metal, or any bowie knife or any knife resembling
a bowie knife, or any knife with a switchblade or device whereby the blade
or blades can be opened by a flick of a button, pressure on the handle or
other mechanical contrivance.
No person shall sell, offer for sale or display for sale any switchblade knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle or other mechanical device. Such knife is hereby declared to be a dangerous or deadly weapon within the meaning of § 144-1 above.
A.Â
No person shall have in his or her possession (except
within his or her own domicile) or use a revolver or pistol of any description,
shotgun or rifle which may be used for the explosion of cartridges, or any
air gun, BB gun, gas-operated gun or spring gun, or any instrument, toy or
weapon commonly known as the "peashooter," "slingshot" or "beany," or any
bow made for the purpose of throwing or projecting missiles of any kind by
any means whatsoever, whether such instrument is called by any name set forth
above or by any other name.
B.Â
Nothing contained in this section shall be construed
to prohibit the possession of any type of gun or bow whatsoever when unloaded
and properly cased during and while said gun or bow is being carried to or
from any shooting gallery or range or to or from an area where hunting is
allowed by law; nor to prohibit or forbid any law enforcement officers authorized
to carry weapons while on duty from using or discharging such weapons where
necessary while on duty and in the course of the discharge of their duties.
C.Â
It shall be unlawful to fire or discharge any firearms
within the territorial limits of the Township of Montclair. Nothing contained
in this subsection shall prevent the otherwise lawful firing or discharge
of a firearm during the course of official duty by any of the persons enumerated
N.J.S.A. 2C:39-6.
[Added 4-29-1997 by Ord. No. 97-15]
[Added 10-19-1999 by Ord. No. 99-21]
As used in this chapter, the following terms shall have the meanings
indicated:
A device that is part of the handgun which precludes the use of the
handgun unless the combination tumblers are properly aligned.
Any weapon which is authorized by any law enforcement agency to be
utilized by their personnel in the performance of their official duties.
Any weapon which will, or is designed to or restored to, expel a
projectile or projectiles by the action of any explosive; the frame or receiver
of any such device; or any firearm muffler or silencer; provided, however,
that such term shall not include:
A partnership, company, corporation or other business entity or any
group or association of two or more persons united for a common purpose.
Any individual, corporation, company, association, firm partnership,
society, joint-stock company or organization of any kind.
A design adaptation or nondetachable accessory that lessens the likelihood
of unanticipated use of the handgun by other than the owner of the handgun
and those specifically authorized by the owner to use the handgun.
A device, which precludes, by use of solenoid, the firing of the
handgun unless a magnet of the appropriate strength is placed in proximity
to the handle of the weapon.
A device that, when locked in place by means of a key, prevents a
potential user from pulling the trigger of the handgun without first removing
the trigger lock by use of the trigger lock's key.
[Added 10-19-1999 by Ord. No. 99-21]
A.Â
No firearms identification card or permit shall be issued
for any of the following types of firearms:
(1)Â
Sawed-off shot gun, machine gun or short-barreled rifle;
or
(2)Â
Handguns and firearms, except:
(a)Â
Those firearms and handguns lawfully registered to a
person in the Township of Montclair prior to the effective date of this chapter;
or
(b)Â
Those applications for purchase and possession of handguns
or firearms filed subsequent to the effective date of this chapter where evidence
is submitted demonstrating that the purchase of the handgun shall also include
acquisition of a safety mechanism to hinder the use of the handgun by unauthorized
users. Such devices shall include, but shall not be limited to, trigger locks,
combination handle locks and solenoid use-limitation devices.
B.Â
The provisions of this section shall not apply to duty-related
firearms as defined by this chapter.
C.Â
Any person who receives, through inheritance, any handgun
or firearm validly registered pursuant to this chapter will be eligible to
reregister such firearm within 60 days after obtaining possession or title,
provided that such person shall be qualified to do so in accordance with this
chapter.
[Added 10-19-1999 by Ord. No. 99-21]
Except as otherwise provided by law, it shall be unlawful for any person
or organization within the Township of Montclair to sell, barter or give away
to any person any handgun or firearm which does not contain a safety mechanism
to hinder the use of the handgun by unauthorized users. Such devices shall
include, but shall not be limited to, trigger locks, combination handle locks
and solenoid use-limitation devices as defined herein.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
