[Added 5-9-2023 by Ord. No. 2023-06]
No person shall discharge a handgun or any firearm within the
Borough of Allenhurst except as set forth hereinafter.
[Added 5-9-2023 by Ord. No. 2023-06]
The provisions of subsection 21-1.1 of this chapter are subject to the following exceptions:
a.Â
The discharge of any handgun or firearm by members of the Allenhurst
Police Department, any law enforcement officer of any municipal, county,
state or federal government or any representative of the Division
of Fish, Game and Shellfisheries, Department of Environmental Protection
State of New Jersey, while in the performance of their official duties.
b.Â
The discharge of any handgun or firearm by any person in protection
of himself, members of his family or his guests, or in protection
of his property.
c.Â
The discharge of any handgun or firearm taking place during recognized
ceremonial events such as the firing of salutes by veterans organizations
and similar associations as part of patriotic and holiday activities,
provided the same are not live rounds but blanks.
[Added 5-9-2023 by Ord. No. 2023-06]
The Borough wide prohibition established by this chapter is
intended to be supplemented by those areas described in N.J.S.A. 23:4-16,
as amended, which reads as follows:
"No person, either in an automobile or vehicle of any kind whatsoever,
or by the aid or use of a light carried on or attached to a vehicle
of any kind, shall hunt for, pursue, shoot, shoot at, kill, capture,
injure or destroy a bird or animal in this state and no person shall
use any portable light or lights for the purpose of hunting for any
game bird or animal excepting raccoon, and no person shall, for the
purpose of hunting, taking or killing any bird or animal, cast an
arrow or discharge any firearm upon or across any state, county or
municipal road or highway, and no person, except the owner or lessee
of the property and person specifically authorized by him in writing,
shall, for the purpose of hunting, taking or killing any bird or animal,
have in his possession a loaded gun while within 450 feet of any occupied
dwelling in this state, or of a school playground, under a penalty
of not less than $50 and not more than $100 for each offense."
[Added 5-9-2023 by Ord. No. 2023-06]
As used in this chapter, the following terms shall have the
meanings indicated:
Any handgun, rifle, shotgun, machine gun, automatic or semiautomatic
rifle, or any gun, device or instrument in the nature of a weapon
from which may be fired or ejected any solid projectible ball, slug,
pellet, missile, or bullet, or any gas, vapor or other noxious thing,
by means of a cartridge or shell or by the action of an explosive
or the ignition of flammable or explosive substances. It shall also
include, without limitation, any firearm which is in the nature of
an air gun, spring gun or pistol or other weapon of a similar nature
in which the propelling force is a spring, elastic band, carbon dioxide,
compressed or other gas or vapor, air or compressed air, or is ignited
by compressed air and ejecting a bullet or missile smaller than 3/8
of an inch in diameter, with sufficient force to injure a person.
Any pistol, revolver or other firearm originally designed
or manufactured to be fired by the use of a single hand.
Any firearm designed to be fired from the shoulder and using
the energy of the explosive in a fixed metallic cartridge to fire
a single projectile through a rifled bore for each single pull of
the trigger.
Any firearm designed to be fired from the shoulder and using
the energy of the explosive in a fixed shotgun shell to fire through
a smooth bore either a number of ball shot or a single projectile
for each pull of the trigger, or any firearm designed to be fired
from the shoulder which does not fire fixed ammunition.
[Added 5-9-2023 by Ord. No. 2023-06]
Any person violating the provisions of this chapter shall, upon
conviction, be subject to a fine of not more than $2,000 or imprisonment
in the county jail for a period of not more than 90 days, or both,
in the discretion of the Judge.
