Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No. 80-12 as Ch. 115 of the 1979 Code. Amendments noted where applicable.]
No person shall conceal about his or her person or his or her clothing or display in a threatening manner any dangerous or deadly weapon, including but not limited to any pistol, revolver, slingshot, cross knuckles, or knuckles of lead, brass or other metal, or any bowie knife or any knife resembling a bowie knife, or any knife with a switchblade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle or other mechanical contrivance.
No person shall sell, offer for sale or display for sale any switchblade knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle or other mechanical device. Such knife is hereby declared to be a dangerous or deadly weapon within the meaning of § 144-1 above.
A. 
No person shall have in his or her possession (except within his or her own domicile) or use a revolver or pistol of any description, shotgun or rifle which may be used for the explosion of cartridges, or any air gun, BB gun, gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as the "peashooter," "slingshot" or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.
B. 
Nothing contained in this section shall be construed to prohibit the possession of any type of gun or bow whatsoever when unloaded and properly cased during and while said gun or bow is being carried to or from any shooting gallery or range or to or from an area where hunting is allowed by law; nor to prohibit or forbid any law enforcement officers authorized to carry weapons while on duty from using or discharging such weapons where necessary while on duty and in the course of the discharge of their duties.
C. 
It shall be unlawful to fire or discharge any firearms within the territorial limits of the Township of Montclair. Nothing contained in this subsection shall prevent the otherwise lawful firing or discharge of a firearm during the course of official duty by any of the persons enumerated N.J.S.A. 2C:39-6.
[Added 4-29-1997 by Ord. No. 97-15]
[Added 10-19-1999 by Ord. No. 99-21]
As used in this chapter, the following terms shall have the meanings indicated:
COMBINATION HANDLE LOCK
A device that is part of the handgun which precludes the use of the handgun unless the combination tumblers are properly aligned.
DUTY-RELATED FIREARM
Any weapon which is authorized by any law enforcement agency to be utilized by their personnel in the performance of their official duties.
FIREARM
Any weapon which will, or is designed to or restored to, expel a projectile or projectiles by the action of any explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, however, that such term shall not include:
A. 
A firearm designed to be held and fired by the use of a single hand and includes a combination of parts from which such firearm can be assembled.
ORGANIZATION
A partnership, company, corporation or other business entity or any group or association of two or more persons united for a common purpose.
PERSON
Any individual, corporation, company, association, firm partnership, society, joint-stock company or organization of any kind.
SAFETY MECHANISM
A design adaptation or nondetachable accessory that lessens the likelihood of unanticipated use of the handgun by other than the owner of the handgun and those specifically authorized by the owner to use the handgun.
SOLENOID USE-LIMITATION DEVICE
A device, which precludes, by use of solenoid, the firing of the handgun unless a magnet of the appropriate strength is placed in proximity to the handle of the weapon.
TRIGGER LOCK
A device that, when locked in place by means of a key, prevents a potential user from pulling the trigger of the handgun without first removing the trigger lock by use of the trigger lock's key.
[Added 10-19-1999 by Ord. No. 99-21]
A. 
No firearms identification card or permit shall be issued for any of the following types of firearms:
(1) 
Sawed-off shot gun, machine gun or short-barreled rifle; or
(2) 
Handguns and firearms, except:
(a) 
Those firearms and handguns lawfully registered to a person in the Township of Montclair prior to the effective date of this chapter; or
(b) 
Those applications for purchase and possession of handguns or firearms filed subsequent to the effective date of this chapter where evidence is submitted demonstrating that the purchase of the handgun shall also include acquisition of a safety mechanism to hinder the use of the handgun by unauthorized users. Such devices shall include, but shall not be limited to, trigger locks, combination handle locks and solenoid use-limitation devices.
B. 
The provisions of this section shall not apply to duty-related firearms as defined by this chapter.
C. 
Any person who receives, through inheritance, any handgun or firearm validly registered pursuant to this chapter will be eligible to reregister such firearm within 60 days after obtaining possession or title, provided that such person shall be qualified to do so in accordance with this chapter.
[Added 10-19-1999 by Ord. No. 99-21]
Except as otherwise provided by law, it shall be unlawful for any person or organization within the Township of Montclair to sell, barter or give away to any person any handgun or firearm which does not contain a safety mechanism to hinder the use of the handgun by unauthorized users. Such devices shall include, but shall not be limited to, trigger locks, combination handle locks and solenoid use-limitation devices as defined herein.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.