NJ Freehold Township - Toy Guns

Forum dedicated to the legal aspects of Airsoft in New Jersey
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Tatsu
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NJ Freehold Township - Toy Guns

Post by Tatsu » Sun Jun 22, 2008 01:33

Chapter 333: TOY GUNS
[HISTORY: Adopted by the Township Committee of the Township of Freehold 4-24-2007 by Ord. No. O-07-10. Amendments noted where applicable.]
§ 333-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ANTIQUE FIREARM — Any look-alike, nonfiring, collector replica of a firearm developed prior to 1898.
MINOR — Any individual who is under 18 years of age.
TOY GUNS — Any imitation of any original firearm that was manufactured, designed and produced since 1898, including water guns, replica non-guns, air-soft guns firing nonmetallic projectiles, and BB, paintball, and pellet-firing air guns that expel a projectile through the force of air pressure, or any other object or device reasonably capable of being mistaken for a firearm. The term "toy gun" does not include any antique firearm as defined in this chapter.
§ 333-2. Sale prohibited.
No retail mercantile establishment located in the Township of Freehold shall sell, attempt to sell or offer for sale a toy gun to minors.
§ 333-3. Exceptions.
An employee of a retail mercantile establishment who sells any toy gun to a minor commits a violation of this chapter, except that the establishment by a preponderance of the evidence of all of the following facts by a person making the sale shall constitute an affirmative defense to any prosecution therefor: a) that the purchaser falsely represented his/her age by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to N.J.S.A. 39:3-29.3, or by producing a similar card purporting to be a valid identification card indicating that he/she was 18 years of age or older; and b) that the appearance of the purchaser was such that an ordinary prudent person would believe him to be 18 years or age or older; and c) that the sale was made in good faith relying upon the indicators of age listed in a) and b) above.
§ 333-4. Violations and penalties.
Any person or retail mercantile establishment violating any of the provisions of this chapter, upon conviction or plea of guilty, shall be subject to penalties in accordance with Chapter 1, Article II, § 1-3 of the Township Code.

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Tatsu
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Re: NJ Freehold Township - Toy Guns

Post by Tatsu » Sun Jun 22, 2008 01:34

Translation

Can not sell Airsoft replicas to minors under the age of 18.

Minors under the age of 18 can not purchase Airsoft replicas.

*Note - This does not prevent a minor from owning or possessing an Airsoft replica.
*Note - This only pertains to sales conducted in Freehold Township, NJ 07728

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Re: NJ Freehold Township - Toy Guns

Post by TJ » Sun Jun 22, 2008 09:02

Tatsu wrote: § 333-3. Exceptions.
An employee of a retail mercantile establishment who sells any toy gun to a minor commits a violation of this chapter, except that the establishment by a preponderance of the evidence of all of the following facts by a person making the sale shall constitute an affirmative defense to any prosecution therefor: a) that the purchaser falsely represented his/her age by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to N.J.S.A. 39:3-29.3, or by producing a similar card purporting to be a valid identification card indicating that he/she was 18 years of age or older; and b) that the appearance of the purchaser was such that an ordinary prudent person would believe him to be 18 years or age or older; and c) that the sale was made in good faith relying upon the indicators of age listed in a) and b) above.
I like this part.
Freeing the merchants from liability, if a fake ID is used.


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Re: NJ Freehold Township - Toy Guns

Post by tony357 » Wed Jan 14, 2009 21:18

that is intresting, i am not from freehold but recently at a dick's store and the airsoft's for sale clearly marked by manufacturer specified 16 or older. If their are any dick's in freehold i wonder if they are aware!!
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Re: NJ Freehold Township - Toy Guns

Post by FailBait » Wed Jan 14, 2009 21:21

tony357 wrote:that is intresting, i am not from freehold but recently at a dick's store and the airsoft's for sale clearly marked by manufacturer specified 16 or older. If their are any dick's in freehold i wonder if they are aware!!
There is. In the pavilion by Freehold Mall.
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Re: NJ Freehold Township - Toy Guns

Post by Tatsu » Thu Jan 15, 2009 06:22

The Dick's in the Freehold Raceway Mall complex enforces a minimum age of 18 to purchase Airsoft replicas.

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Re: NJ Freehold Township - Toy Guns

Post by Sinner » Thu Jan 15, 2009 17:29

usually the ages on the boxes are the minimum recommended age of use not purchase.
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Re: NJ Freehold Township - Toy Guns

Post by Judge Carter » Sun Jul 26, 2009 16:22

Does this apply to Freehold Township or freehold Borough?

The age on the box protects the manufacturer, and does not supersede the local codes.
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Re: NJ Freehold Township - Toy Guns

Post by hyson » Sun Jul 26, 2009 20:40

Judge Carter wrote:Does this apply to Freehold Township or freehold Borough?

The age on the box protects the manufacturer, and does not supersede the local codes.
Tatsu wrote:Chapter 333: TOY GUNS
[HISTORY: Adopted by the Township Committee of the Township of Freehold 4-24-2007 by Ord. No. O-07-10. Amendments noted where applicable.]

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