ASSEMBLY, No. 4859

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED DECEMBER 10, 2015

 

 

Sponsored by:

Assemblywoman  SHEILA Y. OLIVER

District 34 (Essex and Passaic)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex)

 

Co-Sponsored by:

Assemblymen Giblin, Caputo, Assemblywomen Tucker and Pintor Marin

 

 

 

 

SYNOPSIS

     Prohibits sale of certain toy guns and imitation firearms. 

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning the sale of certain imitation firearms and supplementing Title 56 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this section:

     "Toy gun" means a facsimile or reproduction of a firearm that is marketed as a children's toy and is substantially similar in appearance, size, and shape to a genuine firearm.

     "Water gun" means a toy gun that shoots a stream of water. 

     b.    A person shall not sell, transfer, or assign a toy gun or imitation firearm as defined in subsection v. of N.J.S.2C:39-1 unless it is:

     (1)   a color other than black, blue, silver, or aluminum;   

     (2)   marked with a non-removable orange stripe that is at least one inch in width and runs the entire length of the barrel on each side of the barrel; and

     (3)   equipped with a barrel at least one inch in diameter that is closed at a distance of at least one-half inch from the front end of the barrel with the same material from which the toy gun or imitation firearm is made. 

     c.     The provisions of this section shall not apply to the sale of theatrical firearms for which a permit is issued by the Superintendent of the New Jersey State Police.  The provisions of paragraph (3) of subsection b. of this section shall not apply to water guns. 

     d.    A person who violates this act shall be subject to a penalty of not more than $500 for the first offense and not more than $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     2.    The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of P.L.     , c.     (C.           ) (pending before the Legislature as this bill). 

 

     3.    This act shall take effect immediately. 

 

 

STATEMENT

    

     This bill prohibits the sale of toy guns and imitation firearms that appear to be genuine firearms.  An "imitation firearm" is defined in New Jersey's firearm statutes as an object or device that is reasonably capable of being mistaken for a firearm.  The bill defines "toy gun" as a facsimile or reproduction of a firearm that is marketed as a children's toy and is substantially similar in appearance, size, and shape to a genuine firearm.

     This bill prohibits the sale of a toy gun or imitation firearm unless it is a color other than black, blue, silver, or aluminum.  In addition, toy guns and imitation firearms sold in this State are to be marked with a non-removable orange stripe that is at least one inch in width and runs the entire length of each side of the gun's barrel.  The bill further requires the barrel to be at least one inch in diameter and closed at a distance of at least one-half inch from the barrel's front end with the same material of which the toy gun or imitation firearm is made.

     The requirement that the barrel of the firearm be closed would not apply to water guns. In addition, the bill exempts theatrical firearms which are used in movie and film productions. 

     The bill establishes penalties for violations at a maximum of $500 for the first offense and $1,000 for each subsequent offense.