[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin 10-24-2016 by Ord. No.
2016-20. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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, including any imitation of an
original firearm which was manufactured, designed and produced since
1898. An imitation firearm includes but is not limited to toy guns,
water guns, replica nonguns and airsoft guns firing nonmetallic projectiles.
The term "imitation weapon" does not include any look-alike, nonfiring
collector replica of an antique firearm developed prior to 1898, or
traditional BB, paintball or pellet-firing air guns that expel a projectile
through the force of air pressure.
It shall be unlawful for any person to sell or offer to sell,
or possess, use or attempt to use or give away any imitation firearm
which substantially duplicates or can reasonably be perceived to be
an actual firearm unless:
A.
The exterior surface of such imitation firearm is a color other than
black, blue, silver or aluminum; and
B.
The imitation weapon is marked with a nonremovable 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
C.
The barrel of such imitation firearm, other than the barrel of any
such imitation firearm that is a water gun, is closed with the same
material of which the imitation firearm is made for a distance of
not less than 1/2 inch from the front end of said barrel; and
D.
The imitation firearm has legibly stamped thereon the name of the
manufacturer or such trade name, mark or brand by which the manufacturer
can be readily identified; and
E.
The imitation firearm does not have, attached thereto, a laser pointer.
The prohibition against the sale of imitation weapons set forth in § 192-2 of this chapter shall not apply to the following:
A.
The sale or disposal of what are known as "firecracker pistols" or
such pistols as are used for the explosion of paper caps.
B.
The possession or display of imitation firearms by a manufacturer
or dealer solely for the purpose of sales that are accompanied by
delivery to a point outside the jurisdictional limits of the Township
of Berlin.
C.
Any imitation firearm that will be used solely for or in the production
of television programs or theatrical or motion picture presentations;
provided, however, that such use of any imitation firearm complies
with all applicable laws, regulations or rules concerning the request
and receipt of waivers authorizing such use.
D.
Nonfiring collector replica antique firearms, which look authentic
and may be a scale model, but are not intended as toys, and which
are modeled on real firearms manufactured and/or produced prior to
1898.
Any person who shall willfully violate any provisions of this
chapter shall, upon conviction, be punished by a fine of not more
than $500 for a first offense and not more than $1,000 for each subsequent
offense as same may be determined by the municipal court.
