[HISTORY: Adopted by the Township Committee of the Township of Freehold 4-24-2007
by Ord. No. O-07-10. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any look-alike, nonfiring, collector replica of a firearm developed
prior to 1898.
Any individual who is under 18 years of age.
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.
No retail mercantile establishment located in the Township of Freehold
shall sell, attempt to sell or offer for sale a toy gun to minors.
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.
