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Arms Act 1983

Firearms prohibition orders

39A: When FPO may be made

You could also call this:

"When you can be stopped from having a gun"

Illustration for Arms Act 1983

You can get a Firearms Prohibition Order if you are sentenced for certain crimes. These crimes include some offences under the Arms Act 1983, the Crimes Act 1961, and the Terrorism Suppression Act 2002. You must have committed the crime when you were 18 or older and after 15 November 2022. You can also get a Firearms Prohibition Order if you are sentenced for other serious crimes. These crimes can be punishable by a year or more in prison. They include some offences under the Misuse of Drugs Act 1975 and the Psychoactive Substances Act 2013. The court can make a Firearms Prohibition Order if they think it is necessary to keep people safe. They must believe that you pose a risk to public safety. The court's decision is based on the balance of probabilities, which means they must be more than 50% sure that the order is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS784850.

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39: Interpretation, or

"Understanding Important Words in the Law"

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39B: Effect of FPO, or

"What happens if you get a Firearms Prohibition Order"

Part 7AFirearms prohibition orders

39AWhen FPO may be made

  1. This section applies when a court is sentencing an offender who—

  2. has been convicted of—
    1. an offence under section 16(4), 16A, 44A, 50A, 50D, 51A, 53A, 54, 54A, 55, 55A, 55D, 55E, or 55F; or
      1. a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014; or
        1. an offence under section 98A, 189A, or 308A of the Crimes Act 1961; or
          1. an offence under any of sections 6A to 10 or sections 12 to 13E of the Terrorism Suppression Act 2002; and
          2. committed the offence—
            1. when aged 18 years or over; and
              1. after 15 November 2022.

              2. This section also applies when a court is sentencing an offender who—

              3. has been convicted of—
                1. an offence under any of the following Acts that is punishable by a term of imprisonment of 1 year or more:
                  1. this Act:
                    1. the Misuse of Drugs Act 1975:
                      1. the Psychoactive Substances Act 2013; or
                      2. an offence against any of the following provisions of the Crimes Act 1961:
                        1. the provisions of Part 8 (crimes against the person):
                          1. the provisions of Part 10 (crimes against rights of property):
                            1. the provisions of Part 11 (threatening, conspiring, and attempting to commit offences); and
                          2. committed the offence—
                            1. when aged 18 years or over; and
                              1. after the commencement of this subsection; and
                              2. at the time of committing the offence was—
                                1. a member of a gang or an organised criminal group; or
                                  1. an associate of a gang or an organised criminal group.

                                  2. The court may make an FPO against the offender if the court is satisfied, on the balance of probabilities, that the imposition of an FPO is necessary, reasonable, and appropriate to assist in managing the risk that the offender poses to public safety.

                                  Notes
                                  • Section 39A: inserted, on , by section 8 of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).
                                  • Section 39A(1)(a)(iii): replaced, on , by section 8 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
                                  • Section 39A(1)(b)(ii): replaced, on , by section 7(1) of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).
                                  • Section 39A(1A): inserted, on , by section 7(2) of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).