Arms Legislation Bill

27 New Part 4 heading, cross-heading and sections 19A and 19B C inserted

After section 19, insert:

Part 4 General restrictions

General restrictions on possession of firearms, airguns, magazines, parts, and ammunition

19A Restriction on possession of prohibited firearms and prohibited magazines

(1)

No person may have in their possession a prohibited firearm or prohibited magazine unless the person is—

(a)

the holder of a dealer’s licence and has obtained that bears an endorsement made under section 30B and who obtains the prohibited firearm or prohibited magazine in any of the ways specified in section 10(1)(b); or

(b)

the holder of a firearms licence and

(i)

has been issued, under section 35A, a permit to possess a prohibited firearm or prohibited magazine; and

(ii)

the endorsement made on the person’s firearms licence under section 30B is made specific to the prohibited firearm or prohibited magazine in respect of which the permit referred to in subparagraph (i) was issued.

(b)

the holder of a firearms licence that bears an endorsement that

(i)

is made under section 30B permitting the holder to possess a prohibited firearm or prohibited magazine; and

(ii)

is made specific to the prohibited firearm or prohibited magazine by

(A)

a permit to import issued under section 18; or

(B)

a permit to possess issued under section 35A.

(2)

This section does not apply to an employee of a licensed dealer when—

(a)

acting in their capacity as an employee; and

(b)

carrying on a dealer activity (if they are qualified under section 11 to do so).

(3)

A person who contravenes this section commits an offence under section 50A or 50B (as the case may be).

19B Restriction on possession of prohibited parts

(1)

No person may have in their possession a prohibited part unless the person—

(a)

is an exempt person of or over the age of 18 years; and

(b)

either—

(i)

is the holder of a dealer’s licence that bears an endorsement made under section 30B permitting the holder to possess a prohibited firearm or prohibited magazine and the holder has obtained the prohibited part in any of the ways specified in section 10(2); or

(ii)

is the holder of a firearm’s licence that bears an endorsement made under section 30B that permits the holder to possess a prohibited firearm.

(2)

This section does not apply to an employee of a licensed dealer when—

(a)

acting in their capacity as an employee; and

(b)

carrying on a dealer activity (if they are qualified under section 11 to do so).

(3)

A person who contravenes this section commits an offence under section 50C.

19C Restriction on possession of pistols and restricted weapons

(1)

No person may have in their possession a pistol or restricted weapon unless the person is

(a)

the holder of a dealer’s licence that bears an endorsement that

(i)

is made under section 30 permitting the holder to possess a pistol or restricted weapon; and

(ii)

is made specific to the pistol or restricted weapon by

(A)

a permit to import issued under section 18; or

(B)

a permit to possess issued under section 35; or

(b)

the holder of a firearms licence that bears an endorsement that

(i)

is made under section 30 permitting the holder to possess a pistol or restricted weapon; and

(ii)

is made specific to the pistol or restricted weapon by

(A)

a permit to import issued under section 18; or

(B)

a permit to possess issued under section 35.

(2)

A person who contravenes this section commits an offence under section 50.