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Arms Act 1983

Offences - Offences

59: Unsafe firearms or pistols

You could also call this:

"What happens if your gun is not safe?"

Illustration for Arms Act 1983

You can get a notice from a Police officer if they think your firearm or pistol is not safe. The officer will ask you to fix it and show it to the Police by a certain date. If you do not fix it, the officer can ask you to give it to the Police. If you get a notice to give your firearm or pistol to the Police and you do not do it, you can get in trouble. You might have to pay a fine or go to prison for up to 6 months. But you can appeal against the notice under section 62. This rule does not apply to antique firearms. You must follow the notice from the Police officer, or you will get in trouble. The Police officer can take your firearm or pistol if it is not safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM73309.

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Topics:
Crime and justice > Police and safety
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Part 8Offences
Offences

59Unsafe firearms or pistols

  1. Where, in the opinion of a commissioned officer of Police, any firearm or pistol is unsafe, that commissioned officer may, by notice in writing to the owner of that firearm or pistol, require the owner to ensure that that firearm or pistol is brought to a safe standard of repair and produced to a member of the Police within a period or by a date specified in the notice.

  2. If the owner of any firearm or pistol fails to comply with a notice given to him under subsection (1) in respect of that firearm or pistol, a commissioned officer of Police may, by notice in writing to that owner, require him to surrender that firearm or pistol forthwith to a member of the Police.

  3. Any owner of a firearm or pistol who is required—

  4. by a notice under subsection (1) to ensure that a firearm or pistol is brought to a safe standard of repair and produced to a member of the Police within a period or by a date specified in the notice; or
    1. by a notice under subsection (2) to surrender a firearm or pistol to a member of the Police,—
        1. may appeal under section 62 against the requirement, and that section shall apply accordingly with all necessary modifications.

      1. An owner of a firearm or pistol commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the owner, without reasonable excuse, fails to comply with a notice given to them under subsection (2) in respect of that firearm or pistol.

      2. Nothing in this section applies in respect of an antique firearm.

      Notes
      • Section 59(4): replaced, on , by section 85 of the Arms Legislation Act 2020 (2020 No 23).