Arms Act 1983

Offences - Offences

55: Carrying firearm, etc, with criminal intent

You could also call this:

"Carrying a weapon to commit a crime is against the law"

Illustration for Arms Act 1983

You commit an offence if you carry a firearm, airgun, pistol, or other weapon with the intention of committing a crime or resisting arrest. This can include having ammunition or explosives with you. If you are found guilty, you could be imprisoned for up to 5 years. You can be considered to have intended to commit a crime if you have a weapon with you and plan to use it. The court will look at the evidence to decide if you intended to have the weapon with you while committing the crime. This is a serious offence and can result in a long prison sentence. If you have a firearm or other weapon with you and intend to commit a crime, you will be in trouble with the law. The law is in place to keep people safe and you must follow it. Carrying a weapon with the intention of committing a crime is a very serious matter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM73305.

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Part 8Offences
Offences

55Carrying firearm, etc, with criminal intent

  1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who has with him any firearm (other than a prohibited firearm), airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive, with intent to commit an offence punishable by imprisonment for a term of 3 years or more or to resist arrest or prevent the arrest of another person, in either case while he has the firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with him.

  2. In a prosecution for an offence against subsection (1), proof that the defendant had any firearm (other than a prohibited firearm), airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with him and intended to commit an offence, or to resist or prevent arrest, is evidence that he intended to have it with him while doing so.

Notes
  • Section 55 heading: replaced, on , by section 59(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
  • Section 55(1): amended, on , by section 59(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
  • Section 55(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 55(2): amended, on , by section 59(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).