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)

Assemblywoman ANGELA V. MCKNIGHT

District 31 (Hudson)

Co-Sponsored by:

Assemblymen Giblin, Caputo, Assemblywomen Tucker, Pintor Marin, Quijano and Assemblyman Holley

SYNOPSIS

Prohibits sale of certain toy guns and imitation firearms.

CURRENT VERSION OF TEXT

As reported by the Assembly Appropriations Committee on June 1, 2017, with amendments.

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 ¹[children's toy and] product intended for children or¹ is substantially similar in appearance, size, and shape to a genuine firearm.

¹["Water gun" means a toy gun that shoots a stream of water.]¹

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 made¹; or

(4) is regulated under and conforms with the provisions of 15 CFR 272.1 et seq¹.

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.