Arms Act 1983

Firearms licences, endorsements, and permits to possess - Firearms licences

24A: Fit and proper person to possess firearm or airgun

You could also call this:

"Who can own a gun: being a fit and proper person"

Illustration for Arms Act 1983

To get a firearms licence, you must be a fit and proper person. The Police will check if you are a fit and proper person to have a firearm or airgun. They will look at things like if you have been charged with a crime. If you have been charged with a crime, like a violent offence, or an offence involving drugs or alcohol, the Police might think you are not a fit and proper person. They will also check if you have been convicted of a crime under the Arms Act 1983 or other laws like the Crimes Act 1961, the Game Animal Council Act 2013, the Wildlife Act 1953, or the Wild Animal Control Act 1977. The Police can look at other things too, like if you have a firearms prohibition order against you. The Police can also consider if you have a temporary protection order made against you under the Family Violence Act 2018 or the Domestic Violence Act 1995. They will check if you have inflicted family violence, which is defined in section 9 of the Family Violence Act 2018, against someone else. The Police can look at other matters, like if you have a restraining order against you, or if you have engaged in conduct that involves not following the rules of the Arms Act 1983. You must show the Police that you can safely possess firearms. The Police can get information from anywhere to help them decide if you are a fit and proper person. If the Police find information that might be bad for your application, they must tell you about it and give you a chance to comment on it, unless it would put someone's safety at risk. The Police do not have to tell you about information that might endanger someone's safety or affect New Zealand's security or international relations. They will consider things like your knowledge of safely possessing and using firearms, and if you understand the legal obligations of having a firearms licence, as outlined in the Arms Act 1983 and other laws like the Family Violence Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS440359.

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"How to Get a Licence to Own a Gun in New Zealand"


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24B: General conditions of firearms licence, or

"Rules to follow when you have a firearms licence"

Part 5Firearms licences, endorsements, and permits to possess
Firearms licences

24AFit and proper person to possess firearm or airgun

  1. For the purposes of this Act, a member of the Police may find a person is not a fit and proper person to be in possession of a firearm or an airgun if the member of the Police is satisfied that 1 or more of the following circumstances exist:

  2. the person is charged with or has been convicted of an offence in New Zealand or overseas that is punishable by a term of imprisonment (including, but not limited to, an offence involving violence, drugs, or alcohol):
    1. the person is charged with or has been convicted of an offence under this Act:
      1. the person is charged with or has been convicted of an offence against—
        1. section 231A of the Crimes Act 1961; or
          1. the Game Animal Council Act 2013; or
            1. the Wildlife Act 1953; or
              1. the Wild Animal Control Act 1977:
              2. the person has, or has had at any time, a firearms prohibition order made against them:
                1. the person has, or has had at any time, a temporary protection order made against them under—
                  1. section 79 of the Family Violence Act 2018; or
                    1. section 14 of the Domestic Violence Act 1995:
                    2. the person has inflicted, or is inflicting, family violence against another person and that other person has grounds under the Family Violence Act 2018 to apply for a protection order in respect of that violence:
                      1. the person has, or has had at any time, a restraining order made against them under the Harassment Act 1997:
                        1. the person has engaged in any conduct involving non-compliance with any requirements of—
                          1. this Act; or
                            1. any regulations made under this Act; or
                              1. any conditions to which a permit, licence, or endorsement previously issued to the person under this Act was subject:
                              2. the person shows, or has recently shown, symptoms of a mental or physical illness or injury that may adversely affect their ability to safely possess firearms:
                                1. the person abuses alcohol, or is dependent on alcohol, to an extent that affects detrimentally their judgement or behaviour:
                                  1. the person uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour:
                                    1. the person is a member of, or has close affiliations with, a gang or an organised criminal group:
                                      1. the person has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism:
                                        1. the person has been assessed as a risk to a State’s national security:
                                          1. the person satisfies any criteria prescribed in regulations made under section 74(1)(bb).
                                            1. In determining whether, for the purposes of this Act, a person is a fit and proper person to be in possession of a firearm or an airgun, the member of the Police may take into account—

                                            2. whether the applicant—
                                              1. has a sound knowledge of the safe possession and use of firearms:
                                                1. understands the legal obligations of a holder of a firearms licence, including the endorsements that may be made on a firearms licence; and
                                                2. any other criteria prescribed in regulations made under section 74(1)(bc); and
                                                  1. any other relevant matters the member of the Police considers appropriate.
                                                    1. The member of the Police may, for the purpose of determining whether a person is a fit and proper person to be in possession of a firearm or an airgun,—

                                                    2. seek and receive any information that the member of the Police thinks appropriate; and
                                                      1. consider information obtained from any source.
                                                        1. If the member of the Police proposes to take into account any information that is or may be prejudicial to an applicant’s application, the member of the Police must, subject to subsection (5), disclose that information to the applicant and give the applicant a reasonable opportunity to refute or comment on it.

                                                        2. Nothing in subsection (4) requires the member of the Police to disclose any information to an applicant if that disclosure would be likely to—

                                                        3. endanger the safety of any person; or
                                                          1. prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
                                                            1. prejudice the entrusting of information to the Police, the New Zealand Security Intelligence Service, or the Government Communications Security Bureau on a basis of confidence by—
                                                              1. the government of any other country; or
                                                                1. any international organisation.
                                                                2. In this section,—

                                                                  family violence has the meaning given in section 9 of the Family Violence Act 2018.

                                                                  Notes
                                                                  • Section 24A: inserted, on , by section 42 of the Arms Legislation Act 2020 (2020 No 23).
                                                                  • Section 24A(1)(ca): inserted, on , by section 7 of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).
                                                                  • Section 24A(6) gang: repealed, on , by section 5(a) of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).
                                                                  • Section 24A(6) organised criminal group: repealed, on , by section 5(b) of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).