Arms Act 1983

Offences - Offences

45: Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purpose

You could also call this:

"It's illegal to carry guns or explosives without a good reason"

You commit an offence if you carry or possess a firearm, airgun, pistol, prohibited magazine, restricted weapon, or explosive without a lawful, proper, and sufficient purpose. You can be imprisoned for up to 4 years or fined up to $5,000, or both, if you are convicted. If you are charged with this offence, you must prove you had a lawful, proper, and sufficient purpose for carrying or possessing these items.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM72984.

This page was last updated on 27 January 2026 — View changes

Topics:

Crime and justice > Police and safety

44B: Offence to sell or supply prohibited part, or

"Selling or giving prohibited gun parts to someone without permission is against the law"

46: Carrying of imitation firearm, except for lawful, proper, and sufficient purpose, or

"Carrying a fake gun without a good reason is against the law"

Part 8Offences
Offences

45Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purpose

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 4 years or to a fine not exceeding $5,000 or to both who, except for some lawful, proper, and sufficient purpose,—
carries; or
is in possession of—

prohibited magazine,

In any prosecution for an offence against subsection (1) in which it is proved that the defendant was carrying or in possession of any firearm, airgun, pistol, prohibited magazine, restricted weapon, or explosive, as the case may require, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

Notes

Section 45 heading: replaced, on 12 April 2019, by section 49(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
Section 45(1): amended, on 12 April 2019, by section 49(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
Section 45(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 45(1): amended, on 1 November 1992, by section 23(1) of the Arms Amendment Act 1992 (1992 No 95).
Section 45(2): amended, on 12 April 2019, by section 49(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
Section 45(2): amended, on 8 March 1985, by section 2 of the Arms Amendment Act 1985 (1985 No 5).