Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Assaults and injuries to the person

198B: Commission of crime with firearm

You could also call this:

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

If you use a firearm while committing a crime that can result in imprisonment, you can go to jail for up to 10 years. This also applies if you have a firearm with you while committing such a crime, and it looks like you intended to use it for that crime. It’s important to know that just having the firearm with you during the crime, even if you don’t use it, can still lead to this punishment if it seems you meant to use it for the crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329394.

Topics:
Crime and justice > Criminal law
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198A: Using any firearm against law enforcement officer, etc, or

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

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“It's against the law to throw or put harmful liquids on someone to hurt or scar them.”

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

198BCommission of crime with firearm

  1. Every one is liable to imprisonment for a term not exceeding 10 years who,—

  2. in committing any imprisonable offence, uses any firearm; or
    1. while committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

      1. Repealed
      Notes
      • Section 198B: inserted, on , by section 3 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).
      • Section 198B(1)(a): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
      • Section 198B(1)(b): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
      • Section 198B(2): repealed, on , by section 164(b) of the Sentencing Act 2002 (2002 No 9).