Part 5Firearms licences, endorsements, and permits to possess
Permits to possess pistols, restricted weapons, prohibited firearms, prohibited magazines, and pistol carbine conversion kits
36Offence to carry pistol, prohibited firearm, prohibited magazine, or restricted weapon without authority
No person shall carry a pistol, prohibited firearm, prohibited magazine, or restricted weapon in any place beyond the curtilage of his dwelling, save under and in accordance with the conditions endorsed on his firearms licence by a member of the Police.
Any such endorsement may be at any time revoked by any commissioned officer of Police.
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1).
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Repealed It is a good defence to a prosecution for an offence against subsection (3) if the defendant proves—
- that he is the holder of a firearms licence; and
- that he has owned the firearm to which the charge relates since before 16 May 1969; and
- that, immediately before 16 May 1969, he was registered under section 9 of the Arms Act 1958 as the owner of that firearm; and
- that, although that firearm is less than 762 millimetres in length, it has not been reduced below that length since 15 May 1969 and is not designed or adapted to be held and fired with 1 hand.
Notes
- Section 36 heading: replaced, on , by section 61(1) of the Arms Legislation Act 2020 (2020 No 23).
- Section 36(1): amended, on , by section 61(2) of the Arms Legislation Act 2020 (2020 No 23).
- Section 36(3): replaced, on , by section 61(3) of the Arms Legislation Act 2020 (2020 No 23).
- Section 36(4): repealed, on , by section 61(4) of the Arms Legislation Act 2020 (2020 No 23).


