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Arms Bill

General requirements - Requirements for selling or supplying arms items and ammunition - Selling or supplying pistols and restricted weapons

43: Defence to prosecution for offence under section 42

You could also call this:

"Defence for selling guns to someone with the right licence"

Illustration for Arms Bill

If you are being prosecuted for selling or supplying pistols or restricted weapons, you have a defence if you can prove you took reasonable steps to check if the person you sold or supplied to had the right licence. You must show you checked if they had a firearms licence that allowed them to possess the pistol or restricted weapon. You can also use this defence if you supplied a pistol to someone to use at a pistol shooting club that has a certificate of approval under section 214, and they were supervised by someone with the right licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533607.

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42: Requirement for selling or supplying pistol or restricted weapon, or

"Selling pistols or restricted weapons: buyers must have a special licence"


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44: Requirements for selling or supplying pistol carbine conversion kit or large-capacity pistol magazine, or

"Selling pistol kits and large magazines: you need a special licence"

Part 2General requirements
Requirements for selling or supplying arms items and ammunition: Selling or supplying pistols and restricted weapons

43Defence to prosecution for offence under section 42

  1. It is a defence to a prosecution for an offence against section 42(1) if the defendant (A) proves—

  2. that A took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol or restricted weapon (B) was the holder of a firearms licence bearing an endorsement permitting the person to possess the pistol or restricted weapon by a permit of the kind described in section 42(1)(b); or
    1. in the case of a prosecution relating to the sale or supply of a pistol,—
      1. that the pistol was supplied to B for use—
        1. on a range used by a pistol shooting club that holds a certificate of approval issued under section 214; and
          1. under the immediate supervision of another person (C) who holds a firearms licence bearing an endorsement permitting them to have the pistol or a pistol of that kind; and
          2. that, at all times while B was in possession of the pistol, B was—
            1. on a range of the kind described in subparagraph (i)(A); and
              1. under the immediate supervision of C.