Part 8Offences
Offences
44Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess
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—
- 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
- by a permit issued under section 35 to possess that pistol or restricted weapon.
It is a defence to a prosecution for an offence against subsection (1) if—
- 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
- the defendant proves, in the case of a prosecution relating to the sale or supply of a pistol,—
- that the pistol was supplied to A for use—
- on a range of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29; and
- 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
- on a range of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29; and
- that, at all times while A was in possession of the pistol, A was—
- on a range of the kind described in subparagraph (i)(A); and
- under the immediate supervision of B.
- on a range of the kind described in subparagraph (i)(A); and
- that the pistol was supplied to A for use—
Notes
- Section 44: replaced, on , by section 72 of the Arms Legislation Act 2020 (2020 No 23).


