Arms Act 1983

Offences - Offences

44: Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess

You could also call this:

"Selling guns to someone without a permit is against the law"

Illustration for Arms Act 1983

You commit an offence if you sell or supply a pistol or restricted weapon to someone who does not have a permit to import or possess it. You can be jailed for up to 3 years or fined up to $30,000 if you do this. The person must have a permit under section 16(1) to bring the pistol or restricted weapon into New Zealand or a permit under section 35 to possess it. You have a defence if you can prove you took reasonable steps to check if the person had a permit. If you sold or supplied a pistol, you have a defence if you can prove it was for use on a recognised pistol shooting club range under supervision. You must prove the person was supervised by someone with a firearms licence that allows them to have the pistol. You also have a defence if you can prove the person was on a recognised range and under supervision at all times while they had the pistol. The supervisor must have a firearms licence that allows them to have the pistol or a pistol of that kind.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM72981.

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Part 8Offences
Offences

44Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess

  1. A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or to a fine not exceeding $30,000, if the person sells or supplies a pistol or restricted weapon to any person other than a person who is authorised—

  2. by a permit issued for the purposes of section 16(1) to bring or cause to be brought or sent into New Zealand that pistol or restricted weapon; or
    1. by a permit issued under section 35 to possess that pistol or restricted weapon.
      1. It is a defence to a prosecution for an offence against subsection (1) if—

      2. the defendant proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol or restricted weapon (A) was the holder of a permit of the kind described in subsection (1)(a) or (b); or
        1. the defendant proves, in the case of a prosecution relating to the sale or supply of a pistol,—
          1. that the pistol was supplied to A for use—
            1. on a range of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29; and
              1. under the immediate supervision of another person (B) who holds a firearms licence bearing an endorsement permitting them to have that pistol or a pistol of that kind; and
              2. that, at all times while A was in possession of the pistol, A was—
                1. on a range of the kind described in subparagraph (i)(A); and
                  1. under the immediate supervision of B.
                Notes
                • Section 44: replaced, on , by section 72 of the Arms Legislation Act 2020 (2020 No 23).