New Jersey Section 2C:33-26 – Sale of motor vehicles on Sunday; exemption.

New Jersey Law Allows Limited Sunday Car Sales

New Jersey has a law on the books that prohibits the sale of motor vehicles on Sundays – Section 2C:33-26 of the New Jersey Code of Criminal Justice. This law makes it a disorderly persons offense for car dealers to sell vehicles on Sundays, punishable by fines or even jail time for repeat offenses.

However, the law does provide certain exemptions that allow for limited Sunday car sales in the state. Here’s an overview of what the law says, its history and purpose, exemptions, and the debate around whether it should be repealed or not.

What Does The Law Prohibit?

Section 2C:33-26 states that any person “who engages in the business of buying, selling, or exchanging motor vehicles or who opens a place of business and attempts to engage in such conduct on a Sunday” commits a disorderly persons offense^[1].

The penalties are:

• 1st offense: Fine up to $100 or jail for up to 10 days
• 2nd offense: Fine up to $500 or jail for up to 30 days
• 3rd+ offense: $750 fine or 6 months in jail

For licensed NJ car dealers, they also face potential suspension or revocation of their dealer license for violations.

The law defines “motor vehicle” as cars, trucks, motorcycles, and other vehicles defined in NJ Motor Vehicle Code 39:1-1.

History and Purpose of the Law

This ban on Sunday car sales dates back to the 1930s and was part of New Jersey’s broader “blue laws” that prohibited certain activities on Sundays for religious reasons. The car sales ban was intended to give car dealers and their employees a day off.

Over the years, many blue laws were repealed, but the restriction on Sunday auto sales remained on the books. It has been debated many times but never fully repealed due to opposition from car dealers and religious groups.

Exemptions That Allow Sunday Car Sales

Although the law prohibits Sunday sales, there are now several exemptions that permit certain motor vehicle transactions to take place on Sundays:

• RV/Camper Sales: Dealers can accept deposits to secure future sales of recreational vehicles and campers at off-site Sunday sales events^[2].
• Motorcycle Sales: Licensed motorcycle dealers can sell motorcycles on Sundays, except in counties where Sunday sales are banned via voter referendum^[1].
• Electric Vehicles: A 2011 law exempted sales of purely electric vehicles from the Sunday ban^[5].
• County Opt-Outs: Counties can opt-out of the Sunday ban via voter referendum, allowing car dealers to sell vehicles seven days a week^[4].

As of November 2022, 15 of New Jersey’s 21 counties have opted out through referendums and permit Sunday auto sales^[3]. However, dealers in the 6 counties where the ban remains must still close on Sundays.

The Debate Around Repealing or Keeping the Law

The question of whether to repeal the Sunday car sales ban entirely or keep it in place has been debated for years in New Jersey.

Arguments for repealing the law include:

• Gives consumers more flexibility to shop for cars on their own schedule.
• Levels the playing field for dealers in banned counties who lose sales to neighboring counties where Sunday sales are allowed.
• Removes an outdated blue law limiting commerce.
• Would generate sales tax revenue for the state.

Arguments for keeping the law include:

• Preserves a day off for car dealers and employees.
• Upholds tradition and the intent of the original blue laws.
• Maintains status quo desired by some religious groups.
• Consumers can still shop for cars 6 other days per week.

Bills have been introduced over the years to fully repeal the ban statewide but have not passed. The legislature has instead opted to allow county-level opt-outs via voter referendums.

What This Means for Car Buyers and Dealers

For consumers, the Sunday sales law means you generally can’t purchase vehicles from dealers on Sundays, except RVs/campers and motorcycles. It requires planning your car shopping around the 6-day dealer workweek.

However, in the 15 counties where voters have approved Sunday sales, you can shop for any vehicle on Sundays at local dealerships. Be sure to check if the county has opted out before heading to dealerships on Sundays.

For dealers, the law prohibits sales and test drives in banned counties on Sundays. Dealers face fines and license suspensions if caught violating the law. Many dealers in border counties argue the ban hurts them competitively.

Ultimately, the debate continues around modernizing or preserving this longstanding blue law. Consumers and dealers should understand the limited exceptions, county variations, and risks of violating the ban on Sunday motor vehicle sales.