Arms Act 1983

Offences - Offences

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

You could also call this:

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

You commit an offence if you use a prohibited firearm to resist or prevent your arrest or someone else's arrest. You can go to prison for up to 10 years if you do this. You also commit an offence if you have a prohibited firearm while committing another crime that can send you to prison for 3 years or more. You can go to prison for up to 5 years if you have a prohibited firearm while committing another crime. But you can say it is not an offence if you can prove you had the prohibited firearm for a lawful purpose. This means you must show you had a good reason for having the firearm. If you break the law, you will be punished according to the law. The law says what will happen to you if you commit an offence. You must follow the law and not use prohibited firearms to resist arrest or commit crimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS187440.

This page was last updated on 27 January 2026 — View changes

Topics:

Crime and justice > Police and safetyCrime and justice > Criminal law

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

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

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

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

Part 8Offences
Offences

53AUse or attempted use of prohibited firearm to resist or prevent arrest or commit offence

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 10 years who makes, or attempts to make, any use whatsoever of any prohibited firearm with intent to resist or prevent the lawful arrest or lawful detention of—
themselves:
any other person.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, at the time of committing an offence punishable by imprisonment for a term of 3 years or more, possesses a prohibited firearm.
It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that they possessed the prohibited firearm for a lawful purpose.

Notes

Section 53A: inserted, on 12 April 2019, by section 56 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
Section 53A(2): amended, on 25 June 2020, by section 80 of the Arms Legislation Act 2020 (2020 No 23).