Arms Legislation Bill

  • enacted
36 New sections 24A to 24C 24D inserted

After section 24, insert:

24A Fit and proper person to possess firearm or airgun

(1)

For the purposes of this Act, a member of the Police may find an applicant a person is not a fit and proper person to be in possession of a firearm or an airgun if the member of the Police is satisfied that 1 or more of the following circumstances exist:

(a)

the applicant person is charged with or has been convicted of an offence in New Zealand or overseas that is punishable by a term of imprisonment (including, but not limited to, an offence involving violence, drugs, or alcohol):

(b)

the applicant person is charged with or has been convicted of an offence under this Act:

(c)

the applicant person is charged with or has been convicted of an offence against—

(i)

section 231A of the Crimes Act 1961; or

(ia)

the Game Animal Council Act 2013; or

(ii)

the Wildlife Act 1953; or

(iii)

the Wild Animal Control Act 1977:

(d)

the applicant person has, or has had at any time, a temporary protection order made against them under—

(i)

section 79 of the Family Violence Act 2018; or

(ii)

section 14 of the Domestic Violence Act 1995:

(da)

the applicant person has inflicted, or is inflicting, family violence against a another person and and that other person has grounds under the Family Violence Act 2018 to apply for a protection order against the applicant in respect of that violence:

(db)

the applicant person has, or has had at any time, a restraining order made against them under the Harassment Act 1997:

(e)

the applicant person has engaged in any conduct involving non-compliance with any requirements of—

(i)

this Act; or

(ii)

any regulations made under this Act; or

(iii)

any conditions to which a permit, licence, or endorsement previously issued to the applicant person under this Act was subject:

(f)

the applicant person shows, or has recently shown, symptoms of a mental or physical illness or injury that may adversely affect their ability to safely possess firearms:

(g)

the applicant person abuses alcohol, or is dependent on alcohol, to an extent that affects detrimentally their judgement or behaviour:

(h)

the applicant person uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour:

(i)

the applicant person is a member of, or has close affiliations with, a gang or an organised criminal group:

(j)

the applicant person has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism:

(k)

the applicant person has been assessed as a risk to a State’s national security:

(l)

the applicant person satisfies any criteria prescribed in regulations made under section 74(1)(bb).

(2)

In determining whether, for the purposes of this Act, an applicant a person is a fit and proper person to be in possession of a firearm or an airgun, the member of the Police may take into account—

(a)

whether the applicant—

(i)

has a sound knowledge of the safe possession and use of firearms:

(ii)

understands the legal obligations of a holder of a firearms licence, including the endorsements that may be made on a firearms licence; and

(aba)

any other criteria prescribed in regulations made under section 74(1)(bc); and

(b)

any other relevant matters the member of the Police considers appropriate.

(3)

The member of the Police may, for the purpose of determining whether a person is a fit and proper person to be in possession of a firearm or an airgun,—

(a)

seek and receive any information that the member of the Police thinks appropriate; and

(b)

consider information obtained from any source.

(4)

If the member of the Police proposes to take into account any information that is or may be prejudicial to an applicant’s application, the member of the Police must, subject to subsection (5), disclose that information to the applicant and give the applicant a reasonable opportunity to refute or comment on it.

(5)

Nothing in subsection (4) requires the member of the Police to disclose any information to an applicant if that disclosure would be likely to—

(a)

endanger the safety of any person; or

(b)

prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

(c)

prejudice the entrusting of information to the Police, the New Zealand Security Intelligence Service, or the Government Communications Security Bureau on a basis of confidence by—

(i)

the government of any other country; or

(ii)

any international organisation.

(6)

In this section,—

family violence has the meaning given in section 9 of the Family Violence Act 2018

gang has the meaning given in section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013

organised criminal group has the meaning given in section 98A of the Crimes Act 1961.

24B General conditions of firearms licence

(1)

Every firearms licence is issued subject to the conditions that the holder of a firearms licence must,—

(a)

when using a firearm, act in a way that does not pose a risk to themselves or others; and

(b)

produce any firearm that the licence holder is carrying to a member of the Police on demand; and

(c)

permit a member of the Police to inspect all firearms in the licence holder’s possession, and the place or places where the firearms are or will be kept, and the place or places where the ammunition is or will be kept, and, for that purpose those purposes, to enter at all reasonable times upon the premises where that place or those places are situated; and

(d)

permit a member of the Police to inspect the security arrangements in any vehicle used by the holder to transport the licence holder’s firearms; and

(e)

inform a member of the Police if, after the issue of the licence, any of the circumstances described in section 24A(1) apply to the licence holder; and

(f)

inform a member of the Police if their health practitioner changes, and provide updated details of the name and contact details of their health practitioner.

(1A)

Subsection (1)(f) does not apply to a holder of a firearms licence who is a visitor.

(2)

It is the duty of every member of the Police exercising any power conferred by subsection (1)(c) or (d)

(a)

to give at least 7 days’ notice of the proposed inspection under subsection (1)(c) or (d); and

(b)

to identify themselves to the holder of the firearms licence; and

(c)

to tell the holder of the firearms licence that the power is being exercised under subsection (1)(c) or (d), as the case may be; and

(d)

if they are not in uniform, to produce on initial entry, and, if requested, at any subsequent time, evidence that they are a member of the Police.

(3)

Subsections (1)(c) and (2) are subject to section 31A if the licence bears an endorsement made under section 30 or 30B.

24C Special condition of firearms licence relating to sale or supply of ammunition

A firearms licence issued to held by an ammunition seller is subject to the condition that the ammunition seller has appropriate facilities to ensure the secure storage of all ammunition that, at any time, they possess.

24D Breach of conditions to which firearms licence is subject

A holder of a firearms licence who breaches a condition that their firearms licence is subject to under section 24B or 24C may

(a)

be issued with an improvement notice under section 60; or

(b)

have their firearms licence temporarily suspended under section 60A (see section 60B, which sets out the effect of the temporary suspension of a firearms licence).