Terms Used In New Jersey Statutes 56:17-1

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
1. a. As used in this section:

“Toy gun” means a facsimile or reproduction of a firearm that is marketed as a product intended for children or is substantially similar in appearance, size, and shape to a genuine firearm.

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; or

(4) is regulated under and conforms with the provisions of 15 C.F.R. § 272.1 et seq.

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.).

L.2019, c.481, s.1.