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Arms Bill

General requirements - Requirements for possession of standard firearms, airguns, pistols, restricted weapons, standard magazines, non-restricted parts, ammunition, etc - Requirements for possession of pistols and restricted weapons

23: Defence to prosecution for offence under section 20

You could also call this:

"Defending Yourself Against Charges for Having a Pistol or Restricted Weapon"

Illustration for Arms Bill

If you are charged with an offence under section 20, you must prove you were allowed to have the pistol or restricted weapon. You can defend yourself if you have a firearms licence and meet certain conditions. You must show you owned the pistol before 16 May 1969 and were registered as its owner. You can also defend yourself if you used the pistol on a shooting range under supervision. You must have been supervised by someone with a firearms licence that lets them have a pistol. You must have been on the range and supervised at all times while you had the pistol. If you have a pistol that is less than 762 millimetres long, you can defend yourself if it was not made shorter after 15 May 1969. You must also show it is not designed to be held and fired with one hand. You have to prove these things to defend yourself against the charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533565.

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Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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"Old guns are exempt from some rules"

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Part 2General requirements
Requirements for possession of standard firearms, airguns, pistols, restricted weapons, standard magazines, non-restricted parts, ammunition, etc: Requirements for possession of pistols and restricted weapons

23Defence to prosecution for offence under section 20

  1. In any prosecution for an offence under section 20 in which it is proved that the defendant was in possession of a pistol or restricted weapon, the defendant has the burden of proving that they were authorised or permitted, expressly or by implication, by this Act to be in possession of the pistol or restricted weapon.

  2. It is a defence to a prosecution for an offence against section 20(1) if the defendant proves that—

  3. they hold a firearms licence; and
    1. they have owned the pistol to which the charge relates since before 16 May 1969; and
      1. immediately before 16 May 1969, they were registered under section 9 of the Arms Act 1958 as the owner of the pistol; and
        1. that, although the pistol is less than 762 millimetres in length, it has not been reduced below that length since 15 May 1969 and is not designed or adapted to be held and fired with 1 hand.

          1. It is a defence to a prosecution for an offence against section 20(1) if the defendant proves—

          2. that the pistol was in their possession for use both—
            1. on a pistol shooting range; and
              1. under the immediate supervision of a person who holds a firearms licence bearing an endorsement permitting the person to have possession of a pistol in their capacity as a member of a pistol shooting club; and
              2. that at all times while they were in possession of the pistol they were both on such a range and under the immediate supervision of such a person.