Arms Act 1983

Offences - Offences

47: Being in charge of firearm, airgun, pistol, or restricted weapon while under the influence of drink or drug

You could also call this:

"Having a gun when drunk or on drugs is against the law"

You commit an offence if you are in charge of a firearm, airgun, pistol, or restricted weapon while under the influence of drink or a drug. This means you are too affected to control the weapon properly. If you are found guilty, you could face imprisonment for up to 3 months, a fine of up to $3,000, or both.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM72989.

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

Topics:

Crime and justice > Police and safetyCrime and justice > Criminal 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"

48: Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place, or

"Firing guns near homes or in public can be very dangerous and is against the law."

Part 8Offences
Offences

47Being in charge of firearm, airgun, pistol, or restricted weapon while under the influence of drink or drug

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $3,000 or to both who, while in charge of any firearm, airgun, pistol, or restricted weapon, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the firearm, airgun, pistol, or restricted weapon.

Notes

Section 47: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 47: amended, on 1 November 1992, by section 24 of the Arms Amendment Act 1992 (1992 No 95).