Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Assaults and injuries to the person

198A: Using any firearm against law enforcement officer, etc

You could also call this:

“You can get in big trouble for using a gun against a police officer or to avoid being arrested.”

If you use a firearm in any way against a constable, traffic officer, or prison officer who is doing their job, you can go to prison for up to 14 years. This applies if you know the person is one of these officers, or if you don’t care whether they are or not.

If you use a firearm in any way to try to stop yourself or someone else from being arrested or detained legally, you can go to prison for up to 10 years.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329392.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
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198: Discharging firearm or doing dangerous act with intent, or

“Shooting, placing explosives, or setting fires to seriously hurt someone is against the law.”

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198B: Commission of crime with firearm, or

“Using or carrying a gun while doing something illegal can get you in big trouble.”

Part 8 Crimes against the person
Assaults and injuries to the person

198AUsing any firearm against law enforcement officer, etc

  1. Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or being reckless whether or not, that person is a constable or a traffic officer or a prison officer so acting.

  2. Every one is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.

Notes
  • Section 198A: inserted, on , by section 3 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).
  • Section 198A(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).