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Arms Act 1983

General restrictions - General restrictions on possession of firearms and airguns

22: Exemptions

You could also call this:

"When having certain firearms is allowed by law"

Illustration for Arms Act 1983

You do not break the law if you have certain types of firearms, like a bolt gun or a humane killer, as stated in section 20 or section 21. You are also allowed to have antique firearms or other exempted firearms. If you are charged with an offence, you can defend yourself by proving you had the firearm under supervision. You can use a firearm if you are with someone who has a firearms licence and they are supervising you. You must be supervised at all times when you have the firearm. The same rules apply if you have an airgun, but you can be supervised by someone who is 18 years old or has a firearms licence. If you are charged with an offence related to an airgun, you can defend yourself by proving you had the airgun under supervision. You must have been supervised by someone who is 18 years old or has a firearms licence at all times when you had the airgun.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM72919.

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Crime and justice > Police and safetyCrime and justice > Criminal law
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21: Restrictions on possession of airguns, or

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Part 4General restrictions
General restrictions on possession of firearms and airguns

22Exemptions

  1. Nothing in section 20 or section 21 makes it an offence for any person to be in possession of—

  2. any firearm of the kind known as:
    1. a bolt gun or a stud gun:
      1. a humane killer:
        1. a tranquilliser gun:
          1. a stock marking pistol:
            1. an underwater spear gun:
              1. a flare pistol:
                1. a deer net gun:
                  1. a pistol that is part of rocket or line throwing equipment:
                    1. a miniature cannon; or
                    2. any antique firearm; or
                      1. any other make, type, or manufacture of firearm exempted from the provisions of section 20 or section 21 by regulations made under this Act.

                        1. It is a good defence to a prosecution for an offence against section 20 or section 21 if the defendant proves,—

                        2. in the case of a prosecution relating to the possession of a firearm (not being a pistol, prohibited firearm, or restricted weapon) by any person,—
                          1. that the firearm was in the possession of that person for use under the immediate supervision of the holder of a firearms licence; and
                            1. that at all times while that person was in possession of the firearm, that person was under the immediate supervision of the holder of a firearms licence; or
                            2. in the case of a prosecution relating to the possession of an airgun (not being a specially dangerous airgun),—
                              1. that the airgun was in the possession of that person for use under the immediate supervision of either a person of or over the age of 18 years or the holder of a firearms licence; and
                                1. that at all times while that person was in possession of the airgun, that person was under the immediate supervision of either a person of or over the age of 18 years or the holder of a firearms licence.

                                Notes
                                • Section 22(2)(a): amended, on , by section 26 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).