Arms Act 1983

Offences - Offences

54: Use or attempted use of airgun, etc, to resist or prevent arrest or commit offence

You could also call this:

"Using an airgun or weapon to resist arrest or commit a crime"

Illustration for Arms Act 1983

If you try to use an airgun or other weapon to stop the police from arresting you or someone else, you can go to prison for up to 7 years. You can also go to prison for up to 5 years if you have a firearm or other weapon with you when you commit a crime that can be punished with 3 years or more in prison. But it is okay if you can prove you had the weapon for a good reason.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM73303.

This page was last updated on View changes


Previous

53A: Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence, or

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


Next

54A: Carrying prohibited firearm with criminal intent, or

"Carrying a banned gun to do something wrong is a serious crime."

Part 8Offences
Offences

54Use or attempted use of airgun, etc, to resist or prevent arrest or commit offence

  1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who makes or attempts to make any use whatsoever of any airgun, restricted weapon, imitation firearm, ammunition, or explosive with intent to resist or prevent the lawful arrest or detention of himself or another person.

  2. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, at the time of his committing an offence punishable by imprisonment for a term of 3 years or more, has in his possession any firearm (other than a prohibited firearm), airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive.

  3. It is a good defence to a prosecution for an offence against subsection (2) if the defendant proves that he had the firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive in his possession for a lawful purpose.

Notes
  • Section 54 heading: replaced, on , by section 57(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
  • Section 54 heading: amended, on , by section 81(1) of the Arms Legislation Act 2020 (2020 No 23).
  • Section 54(1): amended, on , by section 81(2) of the Arms Legislation Act 2020 (2020 No 23).
  • Section 54(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 54(1): amended, on , by section 7 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).
  • Section 54(2): amended, on , by section 57(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
  • Section 54(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).