Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019

  • Corrections have been made to sections 54 and 72 and Schedule 2 on 18 April 2019 under section 25(1)(j)(ii) and (iii) of the Legislation Act 2012.
Coat of Arms of New Zealand

Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019

Public Act
 
2019 No 12
Date of assent
 
11 April 2019
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
Part 1
Amendments to principal Act
4Section 2 amended (Interpretation)
5New sections 2A to 2D inserted
2AMeaning of prohibited firearm
2BMeaning of prohibited magazine
2CMeaning of prohibited part
2DMeaning of prohibited ammunition
6Section 3 amended (Act to bind the Crown)
7New section 3A inserted (Transitional, savings, and related provisions)
3ATransitional, savings, and related provisions
8New section 4A inserted (Persons who may apply to import, sell, supply, and possess, or use prohibited items)
4APersons who may apply to import, sell, supply, possess, or use prohibited items
9Section 5 amended (Dealers to be licensed)
10New section 6A inserted (Conditions of dealer’s licence)
6AConditions of dealer’s licence
11Section 10 replaced (Restriction on possession of pistol or restricted weapon by licensed dealer)
10Restriction on possession of pistol, prohibited items, or restricted weapon by licensed dealer
12Section 11 amended (Dealers and their employees and agents to hold firearms licences)
13Section 12 amended (Record of dealings by licensed dealers)
14Section 13 amended (Seizure of firearms, ammunition, airguns, pistols, and restricted weapons held by licensed dealers)
15Section 14 amended (Disposal of firearms, ammunition, airguns, pistols, and restricted weapons of dealer whose licence is revoked)
16Section 15 amended (Offence for licensed dealer to carry on business following revocation of his licence)
17Cross-heading above section 16 replaced
18Section 16 amended (Offence to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons without permit)
19New section 16A inserted (Offence to import prohibited ammunition)
16AOffence to import prohibited ammunition
20Section 17 amended (Burden of proof)
21Section 18 amended (Issue of permits to import firearms, parts of firearms, or restricted airguns)
22Section 18A amended (Expiration of permits to import firearms, starting pistols, restricted airguns, or restricted weapons, or parts of firearms, starting pistols, or restricted weapons)
23Section 18B amended (Samples)
24Section 19 amended (Seizure of illegally imported items)
25Section 20 amended (Restrictions on possession of firearms)
26Section 22 amended (Exemptions)
27Section 28 amended (Effect of revocation or surrender of firearms licence)
28Section 30 amended (Power to make endorsement in respect of pistols or restricted weapons)
29Section 30A amended (Application for endorsement in respect of military style semi-automatic firearm)
30Section 30B replaced (Power to make endorsement in respect of military style semi-automatic firearm)
30BPower to make endorsement in respect of prohibited firearm or prohibited magazine
31Section 31 amended (Possession of firearm, pistol, military style semi-automatic firearm, or restricted weapon for stage, film, or television purposes)
32New section 31A inserted (Conditions of endorsements)
31AConditions of endorsements
33Section 32 amended (Conditions of endorsements)
34Section 33A replaced (Conditions of endorsement in respect of military style semi-automatic firearms)
33AFurther conditions of endorsement in respect of prohibited firearm or prohibited magazine
35Section 33B amended (Revocation of endorsement in respect of military style semi-automatic firearms)
36Section 34 amended (Notification of change of address)
37Cross-heading above section 35 replaced
38Section 35 amended (Issue of permit to procure pistol, military style semi-automatic firearm, or restricted weapon)
39New section 35A inserted (Issue of permit to possess prohibited firearm or prohibited magazine)
35AIssue of permit to possess prohibited firearm or prohibited magazine
40Section 38 amended (Removal of pistol, military style semi-automatic firearm, or restricted weapon out of New Zealand)
41Cross-heading above section 39 replaced
42Section 39 amended (Loss, theft, or destruction)
43Section 40 amended (On demand by Police person in possession of firearm, airgun, pistol, or restricted weapon to give name, address, and date of birth)
44Section 43 amended (Selling or supplying firearm or airgun to unlicensed person)
45New section 43AA inserted (Possessing, selling, or supplying prohibited ammunition)
43AAPossessing, selling, or supplying prohibited ammunition
46Section 43A amended (Mail order sale of firearm or ammunition)
47Section 44 amended (Selling or supplying pistol, military style semi-automatic firearm, or restricted weapon to person who does not hold permit to import or to procure)
48New sections 44A and 44B inserted
44AOffence to sell or supply prohibited firearm or prohibited magazine
44BOffence to sell or supply prohibited part
49Section 45 amended (Carrying or possession of firearms, airguns, pistols, restricted weapons, or explosives, except for lawful, proper, and sufficient purpose)
50Section 49A amended (Unlawful possession of firearm or airgun after revocation of firearms licence)
51Section 50 amended (Unlawful possession of pistol, military style semi-automatic firearm, or restricted weapon)
52New sections 50A to 50D inserted
50AUnlawful possession of prohibited firearm
50BUnlawful possession of prohibited magazine
50CUnlawful possession of prohibited part
50DUnlawfully carrying or possessing prohibited firearm in public place
53Section 51 amended (Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, explosive, or restricted weapon)
54New section 51A inserted (Presenting prohibited firearm at other person)
51APresenting prohibited firearm at other person
55Section 52 amended (Presenting firearm, airgun, pistol, or restricted weapon at other person)
56New section 53A inserted (Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence)
53AUse or attempted use of prohibited firearm to resist or prevent arrest or commit offence
57Section 54 amended (Use or attempted use of firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive to resist or prevent arrest or commit offence)
58New section 54A inserted (Carrying prohibited firearm with criminal intent)
54ACarrying prohibited firearm with criminal intent
59Section 55 amended (Carrying firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with criminal intent)
60New sections 55A and 55B inserted
55AOffence to assemble prohibited firearm
55BOffence of failing to produce firearm, etc, on demand or to permit inspection of firearm, etc
61New sections 59A and 59B and cross-heading inserted
Surrender or delivery of firearms, etc
59ASurrender by licensed dealer of firearms, etc
59BVoluntary delivery to Police of firearms, etc
62Section 62 amended (Right of appeal from official decisions)
63Section 63 amended (Appeal to District Court Judge in respect of compensation)
64Section 65 amended (Restoration of articles seized)
65Section 66 amended (Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein)
66Section 69 amended (Forfeitures)
67Section 70 amended (Authorising disposal of firearms, etc, detained by Police)
68Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)
69Section 74 amended (Regulations)
70Sections 74A and 74B replaced
74AOrder in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition
74BOrders under section 74A are confirmable instruments
74CRegulations providing for transitional matters
71Section 77 repealed (Repeals)
72Schedule replaced
Part 2
Consequential amendments and revocation
73Consequential amendments to other enactments
74Consequential amendments to Arms Regulations 1992
75Revocation
Schedule 1
Schedule replaced
Schedule 2
Consequential amendments to other enactments
Schedule 3
Consequential amendments to Arms Regulations 1992
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: