Arms Legislation Bill

  • enacted
75 New sections 60 to 60B 60C inserted

After section 59B, insert:

60 Improvement notices

(1)

This section applies if a member of the Police reasonably believes that a person with a firearms or dealer’s licence or an ammunition seller is failing, has failed, or is likely to fail to comply with—

(a)

1 or more applicable provisions of this Act or regulations made under this Act; or

(b)

any conditions on a licence, an endorsement, or a permit.

(2)

The member of the Police may issue an improvement notice that—

(a)

states the applicable provision or provisions, or condition or conditions, that the member of the Police reasonably believes the person is failing, has failed, or is likely to fail to comply with; and

(b)

requires the person to remedy the failure or prevent a failure from occurring; and

(c)

states the date by which the person is required to remedy the failure or prevent a failure from occurring.

(3)

An improvement notice must be in writing and be sent to the person by post or electronic means to their last known address.

(4)

The member of the Police may extend the time within which the person is required to remedy the failure or prevent a failure from occurring.

(5)

A person issued with an improvement notice must comply with the notice within the time specified in the notice (or within any extended time allowed by the member of the Police). See sections 60A and 60B for possible suspension and revocation of a licence if a person fails to comply with an improvement notice.

60A Temporary suspension of licence pending possible revocation

(1)

A member of the Police may, by notice in writing to the holder of a firearms or dealer’s licence, temporarily suspend the licence if satisfied that 1 or more of the following apply:

(a)

the holder is not a fit and proper person to be in possession of any firearm or airgun, which includes a case where—

(i)

the holder has failed or refused to secure any arms items or ammunition in the person’s possession, in accordance with regulations made under this Act; or

(ii)

the holder has failed to comply with any conditions imposed on their licence; or

(iii)

the holder has failed to comply with an improvement notice issued under section 60; or

(iv)

the member of the Police is so satisfied on the basis of a notice given under section 91 by a health practitioner; or

(v)

the licence has been seized under section 18 of the Search and Surveillance Act 2012:

(b)

the holder, being the holder of a dealer’s licence, is not a fit and proper person to hold a dealer’s licence:

(d)

access to any firearm or airgun in the possession of the holder is reasonably likely to be obtained by—

(i)

a person whose application for a firearms licence has been refused; or

(ii)

a person whose firearms licence has been revoked; or

(iii)

a person who, in the opinion of a member of the Police, is not a fit and proper person to be in possession of a firearm or an airgun or ammunition; or

(vi)

a person, other than the holder, whose firearms licence has been temporarily suspended.

(2)

A notice of temporary suspension of a licence must state—

(a)

the ground on which the notice is given; and

(aa)

the licence that the notice applies to; and

(ab)

that if the person also holds a dealer’s licence, their dealer’s licence will also be suspended while that firearms licence is suspended; and

(ac)

the date on which the suspension begins; and

(b)

that the suspension is to enable the Police to consider revoking the licence on that ground; and

(c)

that the holder may, at any time before a day stated in the notice, make oral or written submissions on whether the licence should be revoked in accordance with section 27 on that ground; and

(d)

that the suspension lasts until notice of the decision as to whether to revoke the licence has been revoked is given to the holder, but, if the notice is not given within 90 days after the suspension takes effect, the suspension ends with the close of that 90-day period; and

(e)

that the effect of the notice is that the holder is treated as not holding the licence for the purposes of this Act until a final determination on revocation of the licence is made (see sections 60B and 60C); and

(f)

that the holder may commit an offence if the holder carries on any activities that require the holder to be licensed under this Act; and

(g)

that the holder may be required immediately or before to a date specified by a member of the Police to surrender to Police the holder’s licence and the arms items and ammunition in the holder’s possession.

(3)

The day stated under subsection (2)(c) must not be sooner than, in the opinion of the Police, is reasonable to enable the holder to prepare and make submissions.

60B Effect of temporary suspension of licence

(1)

When, or at any time after, a temporary licence suspension notice is given to the holder, any member of the Police may require the holder (orally or in writing) to surrender the licence and, in that case, the holder must immediately do so.

(2)

On and after the date on which the holder of a firearms licence is given a notice, this Act applies as if the holder were not licensed to possess any arms item or ammunition by virtue of the licence or any endorsement on it.

(3)

On and after the date on which the holder of a dealer’s licence is given a notice,

(a)

this Act applies as if the holder were not authorised to carry on any dealer activity; and

(b)

an employee of the holder may not carry on a dealer activity for the holder.

(4)

On and after the date on which the holder is given a notice or if the holder fails to surrender the arms items concerned, as required by a notice given under section 60A, a member of the Police may seize and take possession of any arms item or ammunition in the possession or under the control of the holder.

(5)

If the suspended licence is a firearms licence, subsection (4) applies despite subsection (2)(b).

(6)

If a person’s firearms licence is suspended, and the person holds a dealer’s licence, the dealer’s licence is automatically suspended while the firearms licence remains suspended.

60B Effect of temporary suspension of firearms licence

(1)

During the period that a firearms licence is suspended, this Act applies as if the firearms licence holder were not licensed to possess any arms item or ammunition under the licence or any endorsement on it.

(2)

At any time during the period that a firearms licence is suspended, a member of the Police may require the firearms licence holder (orally or in writing) to immediately surrender to a member of the Police

(a)

their firearms licence; and

(b)

every arms item in their possession or under their control; and

(c)

all ammunition in their possession or under their control.

(3)

If a firearms licence holder fails to comply with a requirement under subsection (2)(b) or (c), a member of the Police may seize and take possession of any arms item or ammunition in the possession or under the control of the holder.

(4)

If a person’s firearms licence is temporarily suspended and the person holds a dealer’s licence,

(a)

the holder’s dealer’s licence is suspended while their firearms licence remains suspended; and

(b)

section 60C applies.

60C Effect of temporary suspension of dealer’s licence

(1)

During the period that the dealer’s licence is suspended,

(a)

this Act applies as if the dealer were not authorised to carry on any dealer activity; and

(b)

an employee of the dealer may not carry on or assist with the carrying on of any dealer activity on behalf of the dealer.

(2)

At any time during the period that a dealer’s licence is suspended, a member of the Police may require the dealer (orally or in writing) to immediately surrender to a member of the Police

(a)

their dealer’s licence; and

(b)

every arms item in their possession or under their control; and

(c)

all ammunition in their possession or under their control.

(3)

If a dealer fails to comply with a requirement under subsection (2)(b) or (c), a member of the Police may seize and take possession of any arms item or ammunition in the possession or under the control of the dealer.