Arms Legislation Bill

10 Sections 5 and 6 replaced

Replace sections 5 and 6 with:

5 Dealers to be licensed

(1)

A person other than a body corporate must not carry on any of the following activities in relation to a class of arms items without a dealer’s licence that authorises the person to carry on the activity in relation to that class of arms items:

(a)

selling, hiring, lending, or otherwise supplying, in the course of carrying on business, carrying on the business of selling, hiring, lending, or otherwise supplying a class of arms items:

(b)

possessing, for the purposes of an auction, a class of arms items:

(c)

repairing or modifying, in the course of carrying on business, carrying on the business of repairing or modifying a class of arms items:

(d)

displaying, as the director or curator of a bona fide museum, a class of arms items:

(e)

carrying on the business of manufacturing for sale, hire, lending, or other supply a class of arms items:

(f)

manufacturing (for the purposes of permitted supply (as defined in section 4A(3))) prohibited parts and using prohibited items to test and demonstrate those prohibited parts.

(1A)

A body corporate must not carry on any of the activities specified in subsection (1) in relation to a class of arms items unless a senior manager of the body corporate has a dealer’s licence authorising the senior manager to carry on the activities in relation to the class of arms items.

(1B)

A licensed dealer must not operate from 2 or more places of business carrying on any of the activities specified in subsection (1) in relation to a class of arms items unless the manager of each place of business has a dealer’s licence authorising the manager to carry on the activity in relation to the class of arms items.

(1C)

Despite subsections (1) and (1A), a dealer’s licence is not required for the following activities:

(a)

commercial hunting guide services by a firearms licence holder who during the provision of those services supplies no more than 6 firearms to 1 or more clients:

(b)

the selling, hiring, lending, or supplying of firearms by a member of a shooting club, if the member

(i)

sells, hires, lends, or supplies firearms to a club member, or on club premises, with the approval of the management committee of the club or a majority vote of club members; and

(ii)

the revenue from the sale, hire, lending, or supply of the firearms is used for the benefit of the club.

(2)

A dealer’s licence may not be issued for the carrying on of any of the activities specified in subsection (1) in relation to—

(a)

anti-personnel mines; or

(b)

cluster munitions.

(3)

Despite subsection (1), a body corporate may carry on any of the activities specified in that subsection in relation to a class of arms items if a senior manager of the body corporate has a dealer’s licence authorising the senior manager to carry on the activities in relation to the class of arms items.

(4)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1).

5A Application for dealer’s licence

(1)

An application for a dealer’s licence must—

(a)

be made on a form provided by a member of the Police, or in any way approved by a member of the Police; and

(b)

specify—

(i)

the dealer activities for which the dealer’s licence is sought; and

(ii)

the class or classes of arms items in respect of which those activities will be carried on.; and

(iii)

if the dealer intends to operate from 2 or more places of business, the name of the manager of each place of business and the address of each place of business.

(2)

An application for a dealer’s licence to carry on or manage the dealer activity specified in section 5(1)(e) in relation to the manufacture of any prohibited items may only be made by a person described in section 4A(1A).

(3)

An application for a dealer’s licence to carry on the dealer activity specified in section 5(1)(f) may only be made by a person described in section 4A(1A).

5B Issue of dealer’s licence

(1)

A commissioned officer of Police may issue a dealer’s licence to an applicant authorising the applicant to carry on 1 or more dealer activities in respect of 1 or more classes of arms items if—

(a)

the applicant holds a firearms licence; and

(b)

the commissioned officer of Police is satisfied that the applicant—

(i)

is a fit and proper person to carry on the dealer activity or activities; and

(ii)

has secure storage facilities appropriate for the class and number of arms items and any ammunition that may be possessed in the course of carrying out the activity or activities.

(2)

A dealer’s licence that is issued to an applicant for the carrying on of a dealer activity in respect of any of the following classes of arms items must bear an appropriate endorsement made under section 30 or 30B:

(a)

prohibited firearms:

(b)

prohibited magazines:

(c)

pistols:

(d)

restricted weapons.:

(e)

pistol carbine conversion kits.

(3)

A dealer’s licence is personal to the person to whom it is issued, and may not be transferred to any other person, and must specify—

(a)

the dealer activity or activities the person may carry on; and

(b)

the class or classes of arms items in respect of which that activity or those activities may be carried on.

(4)

However, if the person to whom a dealer’s licence is issued is a senior manager of a body corporate, the senior manager may, on behalf of the body corporate, carry out the dealer activities specified in the dealer’s licence in relation to the class or classes of arms items specified in the dealer’s licence.

5C On-site theatrical armourers to supervise firearms use in certain cases

(1)

This section applies if a holder of a dealer’s licence hires out firearms for use by a bona fide theatre company or society or cinematic or television film production company or video recording production company.

(2)

The use of those firearms by members of the company or society must be supervised by an on-site theatrical armourer.

6 Fit and proper person to hold dealer’s licence

In deciding whether, for the purposes of section 5B(1)(b)(i), an applicant is a fit and proper person to hold a dealer’s licence, the commissioned officer of Police—

(a)

must take into account the character and reputation of the applicant, and whether the applicant—

(i)

has the competencies and resources to carry on the dealer activity or activities for which the dealer’s licence is sought; and

(ii)

has ever been adjudicated bankrupt, or been a director of a company that has been put into receivership or liquidation in New Zealand or overseas; and

(iii)

has any convictions; and

(iv)

has a sound knowledge of firearms; and

(v)

understands the legal obligations of a holder of a dealer’s licence; and

(vi)

understands the legal obligations of a holder of a firearms licence, including an understanding of the endorsements that may be made on a firearms licence, and is able to provide advice on those obligations; and

(b)

in the case of an applicant who is a senior manager of a body corporate, and who, in reliance on section 5(3) 5(1A), is applying for a dealer’s licence to enable the body corporate to carry on a dealer activity, the commissioned officer of Police must take into account whether—

(i)

the body corporate has suitable staff; and

(ii)

the body corporate has appropriate record-keeping systems and other systems to comply with the requirements of this Act and any regulations made under this Act; and

(iii)

the applicant will have if the body corporate operates from 2 or more places of business, there will be, at each of those places, a manager who has appropriate oversight and control of the proposed dealer activity or activities for which the dealer’s licence is sought to be carried on at that place; and

(c)

may take into account any other matters the commissioned officer of Police considers relevant.