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Arms Bill

General requirements - Requirements for selling or supplying arms items and ammunition - Selling or supplying pistol carbine conversion kits or large-capacity pistol magazines

45: Defence to prosecution under section 44

You could also call this:

"Defending Yourself Against Charges for Selling Gun Parts Without a Licence"

If you are charged with an offence under section 44, you can defend yourself if you can prove you took reasonable steps to check if the person you sold or supplied a pistol carbine conversion kit or large-capacity pistol magazine to had a firearms licence. You must show you checked if the licence had the right endorsement as required by section 42(1)(a) and (b) or section 44(2). You can also defend yourself if you can prove the kit or magazine was supplied for use on a pistol shooting range under someone else's supervision. You must prove the person using the kit or magazine was always on a pistol shooting range and under supervision. The supervisor must have a firearms licence that allows them to possess a pistol. You can use this defence if you are charged with an offence under section 44(1) or (2). You need to prove you met these conditions to use this defence. This defence is for charges under the proposed new law. You would use this defence in court if you were charged with selling or supplying a pistol carbine conversion kit or large-capacity pistol magazine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533610.

This page was last updated on 8 December 2025 — View changes

Topics:

Crime and justice > Police and safetyCrime and justice > Courts and legal help

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"

46: Requirement for selling or supplying part of restricted weapon, or

"Selling parts of restricted weapons: you need a licence"

Part 2General requirements
Requirements for selling or supplying arms items and ammunition: Selling or supplying pistol carbine conversion kits or large-capacity pistol magazines

45Defence to prosecution under section 44

It is a defence to a prosecution for an offence against section 44(1) if the defendant (A) proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol carbine conversion kit (B) held a firearms licence with an appropriate endorsement in accordance with the requirements in section 42(1)(a) and (b).
It is a defence to a prosecution for an offence against section 44(2) if the defendant (A) proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the large-capacity pistol magazine (B) held a firearms licence with an appropriate endorsement in accordance with the requirement in section 44(2).
It is also a defence to a prosecution for an offence against section 44(1) or (2) if A proves—
that the pistol carbine conversion kit or large-capacity pistol magazine was supplied to B for use—
1. on a pistol shooting range; and
2. under the immediate supervision of another person (C) who holds a firearms licence that bears an endorsement permitting C to possess a pistol; and
that, at all times while B was in possession of the pistol carbine conversion kit or large-capacity pistol magazine, B was—
1. on a pistol shooting range; and
2. under the immediate supervision of C.