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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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For a retailer in New Jersey, is it legal to sell blank guns

Customer Question

For a retailer in New Jersey, is it legal to sell blank guns and/or air soft guns in New Jersey; if yes, what are the requirements for the retailer to sell blank or air soft guns in New Jersey? Is it legal to purchase a blank or air soft gun in New Jersey; if yes, what are the requirements for a customer to purchase a blank or air soft gun in New Jersey?
JA: Has anything been filed or reported?
Customer: What do you mean by filed or reported?
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is a general question and nothing specific.
Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

While sale and purchase by individuals over the age of 18 of air soft is not restricted in New Jersey (NJ Airsoft laws summarized: http://www.airsoftnj.com/legality/), owning/operating these toys is somewhat risky. - NJ laws unfortunately are very convoluted and complicated by their conflicts with federal laws.

  • Carrying/transporting an airsoft pistol requires a valid permit.
  • Airsoft (and paintball guns) are considered weapons capable of causing "serious bodily injury."
  • Pellet guns require a firearms permit (under the "Graves Act")

I would highly recommend reading this fairly recent article by a criminal defense attorney in NJ (it is well written and describes in very good detail the risks associated with these toys as well as gives the specific statutes that are most commonly at issue): http://williamcmilleresq.com/2015/01/30/airsoft-pellet-guns-not-all-fun-and-games/

Customer: replied 5 months ago.
Thank you for your prompt responses with respect to the airsoft guns. It is very informative. In addition to the above, are there any information for blank guns?
Expert:  CalAttorney2 replied 5 months ago.

Blank guns (firearms that fire blank ammunition - such as starter pistols or replica firearms) are generally regulated as traditional firearms and require all of the same background checks and regulations as traditional firearms. (The reason being that they can be readily converted to "fire a projectile" - thus making them a firearm.

Firing of blank guns (assuming appropriate registration/etc.) is then subject to local noise control ordinances, and pointing such devices at an individual can be charged as an assault (creating fear of imminent physical harm or death in a reasonable person (pointing a gun at someone)).