Arms Legislation Bill

31 New sections 22A to 22F and cross-headings inserted

After section 22, insert:

22A Restriction on possession of non-prohibited magazines and non-prohibited parts

(1)

A person must not have in their possession either of the following unless the person is the holder of a firearms licence:

(a)

a magazine for a firearm that is not a prohibited magazine:

(b)

a part that is not a prohibited part.

(2)

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

22B Restriction on possession of ammunition

(1)

A person must not have in their possession any ammunition (other than projectiles for airguns) unless the person—

(a)

is the holder of a firearms licence; or

(b)

is not the holder of a firearms licence, but is under the immediate supervision of a person who is the holder of a firearms licence; or

(c)

is an employee of an ammunition seller who is performing their duties at their place of work under the immediate supervision of a person who is the holder of a firearms licence.

(2)

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

Restrictions on possession of pistol carbine conversion kits

22BA Restrictions on possession of pistol carbine conversion kits

A person must not have in their possession a pistol carbine conversion kit unless the person is

(a)

the holder of a dealer’s licence that bears an endorsement made under section 30 permitting the holder to possess a pistol and has been issued with

(i)

a permit to import issued under section 18AA; or

(ii)

a permit to possess issued under section 35AAA; or

(b)

the holder of a firearms licence

(i)

whose licence bears an endorsement made under section 30 permitting the holder to possess a pistol; and

(ii)

who has been issued with

(A)

a permit, under section 18, to import a pistol; or

(B)

a permit, under section 35, to possess a pistol; and

(iii)

who has been issued with

(A)

a permit, under section 18AA, to import a pistol carbine conversion kit; or

(B)

a permit, under section 35AAA, to possess a pistol carbine conversion kit.

Restrictions on sale or supply of ammunition

22C Restrictions on selling or supplying ammunition

(1)

A person who sells or supplies ammunition (other than projectiles for airguns) must hold a firearms licence.

(2)

A person may only sell or supply ammunition (other than projectiles for airguns) to a person who holds a firearms licence.

(3)

Subsection (1) does not apply to an employee of an ammunition seller performing their duties under the supervision of a person who is the holder of a firearms licence.

(4)

A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person, without reasonable excuse, contravenes subsection (1) or (2).

(5)

It is a defence to a prosecution for an offence against subsection (1) or (2) if—

(a)

the defendant proves that the defendant took reasonable steps to ascertain whether the person to whom the defendant sold or supplied the ammunition (A) was the holder of a firearms licence; or

(b)

the defendant proves that—

(i)

the ammunition was sold or supplied to A for use under the immediate supervision of another person who holds a firearms licence (B); and

(ii)

at all times while A was in possession of the ammunition, A was under the immediate supervision of B.

(6)

Nothing in subsection (3) applies in relation to any ammunition sold or supplied for a firearm of the kind described in section 22(1)(a), (b), or (c).

22D Ammunition seller to keep record of ammunition sales

(1)

An ammunition seller must keep at their place of business a book that records the following details in respect of all ammunition (other than projectiles for airguns) sold or supplied in the course of their business:

(a)

the name of the person to whom the ammunition was sold or supplied; and

(b)

the quantity and type of ammunition sold or supplied to the person; and

(c)

the person’s firearms licence number, or, if the ammunition was sold or supplied to the person for use under the immediate supervision of another person who holds a firearms licence, the name and firearms licence number of that other person.

(2)

Despite subsection (1), an ammunition seller need not record details under that subsection if—

(a)

the details are declared by regulations made under section 74 to be exempt from the requirement in that subsection; or

(b)

the dealer provides the details to the Police for inclusion in the registry in accordance with the regulations.

(3)

An ammunition seller must, at all reasonable times, permit any member of the Police to inspect and make copies of any entries in the book referred to in subsection (1) if the ammunition seller has received at least 7 days’ prior notice of the member’s intention to do so.

(4)

If an ammunition seller’s firearms licence is revoked or cancelled under this Act, the ammunition seller must immediately surrender to a member of the Police the book referred to in subsection (1).

(5)

An ammunition seller who keeps their book under subsection (1) in hard copy form must retain the book for at least 10 years from the date of the last entry in the book.

(6)

An ammunition seller who keeps their book under subsection (1) electronically must retain each electronic record for at least 10 years from the date on which the record is entered.

(6A)

When an ammunition seller’s firearms licence expires or is revoked or surrendered, or the ammunition seller ceases selling or supplying ammunition, the ammunition seller must immediately surrender to the Police all records they are required by this section to keep that have not been included in the registry.

(7)

An ammunition seller commits an offence and is liable on conviction to a fine not exceeding $10,000 if the ammunition seller, without reasonable excuse, contravenes any of subsections (1) to (4).

Restriction on ownership of firearms, airguns, and restricted weapons by visitors

22E Visitors may not take ownership of firearm, airgun, or restricted weapon

(1)

A visitor who holds a firearms licence may not, during their stay in New Zealand, acquire ownership of any firearm or restricted weapon for possession in New Zealand.

(2)

If a person contravenes subsection (1), that person’s firearms licence is automatically revoked.

Restriction on manufacture of prohibited items

22F Restriction on manufacture of prohibited items

(1)

No person may manufacture a prohibited item.

(2)

Subsection (1) does not apply to an exempt person described in section 4A(1A).

(3)

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