Arms Act 1983

Offences - Offences

53: Careless use of firearm, airgun, pistol, or restricted weapon

You could also call this:

"Using a firearm carelessly and putting others at risk is against the law"

Illustration for Arms Act 1983

You commit an offence if you carelessly use a firearm, airgun, pistol, or restricted weapon and it causes injury or death to someone. You can get up to 3 years in prison or a fine of up to $4,000, or both. If you have a loaded firearm, airgun, pistol, or restricted weapon and you leave it somewhere that could put someone's life in danger, you also commit an offence. You commit an offence if you discharge or use a firearm, airgun, pistol, or restricted weapon in a way that could hurt someone or put their safety at risk without a good reason. This can also get you up to 3 years in prison or a fine of up to $4,000, or both. If you do something that causes someone's death and it is also an offence under this section, you cannot use that as a defence against a charge of manslaughter. If you have a firearm, airgun, pistol, or restricted weapon, you must be careful with it. You must not leave it loaded in a place where it could hurt someone. You must not use it in a way that could put someone's safety at risk.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM73301.

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"Pointing a gun at someone is against the law"


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"Using a banned gun to resist arrest or commit a crime is against the law"

Part 8Offences
Offences

53Careless use of firearm, airgun, pistol, or restricted weapon

  1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who causes bodily injury to or the death of any person by carelessly using a firearm, airgun, pistol, or restricted weapon.

  2. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who, being a person who has in his charge or under his control a firearm, airgun, pistol, or restricted weapon loaded with a shot, bullet, cartridge, missile, or projectile, whether in its breech, barrel, chamber, or magazine, leaves that firearm, airgun, pistol, or restricted weapon in any place in such circumstances as to endanger the life of any person without taking reasonable precautions to avoid such danger.

  3. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who, without reasonable cause, discharges or otherwise deals with a firearm, airgun, pistol, or restricted weapon in a manner likely to injure or endanger the safety of any person or with reckless disregard for the safety of others.

  4. It shall be no defence to the crime of manslaughter that the guilty act or omission proved against the person charged is an act or omission constituting an offence against this section.

Notes
  • Section 53(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 53(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 53(2): amended, on , by section 3 of the Arms Amendment Act 1985 (1985 No 5).
  • Section 53(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 53(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).