[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:
- ANTIQUE FIREARM
- Any look-alike, nonfiring, collector replica of a firearm developed prior to 1898.
- Any individual who is under 18 years of age.
- TOY GUNS
- 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.