It shall be unlawful for any person, without first obtaining
a permit pursuant to N.J.S.A. 21:3-3 et seq., to offer for sale, expose
for sale, sell, possess, use or explode any blank cartridge, toy pistol,
toy cannon, toy cane or toy gun in which explosives are used; the
type of balloon which requires fire underneath to propel the same;
firecrackers; skyrockets, Roman candles, bombs, sparklers or other
fireworks of like construction; or any fireworks containing any explosive
or flammable compound or any tablets or other device commonly used
and sold as fireworks containing nitrates, chlorates, oxalates, sulphides
of lead, barium, antimony, arsenic, mercury, nitroglycerin or phosphorous,
or any compound containing any of the same or other explosives; or
any substance or combination of substances or article prepared for
the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, other than aviation and railroad
signal flares, except:
A. That it shall be lawful for any person to offer for sale, expose
for sale, sell, possess or use, or explode any toy pistol, toy cane,
toy gun, or other device in which paper or plastic caps containing
.25 grain or less of explosive compound per cap are used, providing
they are so constructed that the hand cannot come in contact with
the cap when in place for use, and toy pistol paper or plastic caps
which contain less than .20 grain of explosive mixture per cap; and
B. As further provided in N.J.S.A. 21:3-1 et seq.
Any person violating any portion of the preceding section shall
be subject to a penalty:
A. For selling, offering or exposing for sale or having in possession
with intent to sell any fireworks as herein mentioned, the sum of
$100 for each offense or by imprisonment in the county jail for a
period of 90 days, or by both such fine and imprisonment in the discretion
of the court having jurisdiction.
B. For using, discharging or causing to be discharged, ignited, fired
or otherwise set in action or having in possession any fireworks,
a sum not exceeding $100 for each offense.