Arms Act 1983

Offences - Offences

49: Using, discharging, or carrying certain firearms except for some lawful, proper, or sufficient purpose

You could also call this:

"Using firearms without a good reason is against the law"

Illustration for Arms Act 1983

You commit an offence if you use, discharge, or carry certain firearms without a good reason. These firearms include bolt guns, humane killers, and underwater spear guns. You can be fined or imprisoned if you are found guilty. You will have to prove you had a good reason for using these firearms if you are charged with an offence. The law says you must have a lawful, proper, and sufficient purpose for using them. If you cannot prove this, you may be in trouble. If you are prosecuted for using these firearms, you will have to show you had a good reason, such as a lawful purpose, for using them, as stated in the Criminal Procedure Act 2011. You must be able to prove this in court. This is an important part of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM72993.

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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."


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49A: Unlawful possession of firearm, prohibited magazine, prohibited part, or airgun after revocation of firearms licence, or

"Having a gun or related items after your licence is cancelled is against the law"

Part 8Offences
Offences

49Using, discharging, or carrying certain firearms except for some lawful, proper, or sufficient purpose

  1. 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 $1,000 or to both who, except for some lawful, proper, and sufficient purpose, uses, discharges, or carries anywhere any firearm of the kind known as—

  2. a bolt gun or a stud gun:
    1. a humane killer:
      1. a tranquilliser gun:
        1. a stock marking pistol:
          1. an underwater spear gun:
            1. a flare pistol:
              1. a deer net gun:
                1. a pistol that is part of rocket or line throwing equipment:
                  1. a miniature cannon.
                    1. In any prosecution for an offence against subsection (1) in which it is proved that the defendant used, discharged, or carried a firearm of a kind described in that subsection, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

                    Notes
                    • Section 49(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).