Arms Legislation Bill

75 New sections 60 to 60B 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, or a shooting range operator 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 officer 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 firearms, parts, magazines, ammunition, airguns, or restricted weapons 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:

(c)

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

(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

(iv)

a person whose application for a permit under section 7 of the Arms Act 1958, or for a certificate of registration under section 9 of that Act, was refused on the ground that the person was not a fit and proper person to be in possession of a firearm or an airgun; or

(v)

a person whose certificate of registration as the owner of a firearm was revoked under section 10 of the Arms Act 1958 on the ground that the person was not a fit and proper person to be in possession of a firearm; 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

(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 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 section 60B); 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 firearms, parts, magazines, ammunition, airguns, and restricted weapons 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,

(a)

this Act applies as if the holder is not licensed to possess firearms, parts, magazines, ammunition, airguns, or restricted weapons by virtue of the licence or any endorsement on it; and

(b)

section 28 (except subsections (3) and (4)) applies if the suspended licence is a firearms licence as if the licence had been revoked.

(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 is 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 all or any firearms, parts, magazines, ammunition, airguns, or restricted weapons in the possession or under the control of the holder 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.