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Arms Bill

Licences and approvals - Firearms licences - Applying for firearms licence

69: Fit and proper persons to hold firearms licence

You could also call this:

"Who can get a firearms licence: being a fit and proper person"

Illustration for Arms Bill

The chief executive will decide if you are a fit and proper person to hold a firearms licence. They will check if you have been charged with or convicted of certain offences in New Zealand or overseas. They will also check if you have been convicted of offences under the Crimes Act 1961, the Game Animal Council Act 2013, the Wildlife Act 1953, or the Wild Animal Control Act 1977. The chief executive will consider many things when deciding if you are a fit and proper person. They will look at whether you have a sound knowledge of safely possessing and using firearms. They will also check if you understand the legal obligations of having a firearms licence. The chief executive can ask for and receive any information they think is relevant to their decision. They can consider information from any source. If they find information that might be prejudicial to your application, they must tell you about it and give you a chance to comment on it. Family violence has a special meaning in this section, which is explained in section 9 of the Family Violence Act 2018. The chief executive will also check if you have a firearms prohibition order, a temporary protection order, or a restraining order against you. They will consider whether you have engaged in conduct that shows you do not comply with the requirements of the Act or any regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533654.

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70: Issue of firearms licence, or

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Part 3Licences and approvals
Firearms licences: Applying for firearms licence

69Fit and proper persons to hold firearms licence

  1. The chief executive may find that a person is a fit and proper person to hold a firearms licence if the chief executive is satisfied that the person is not a person who—

  2. 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); or
    1. is charged with or has been convicted of an offence under this Act; or
      1. 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; or
              2. has, or has had at any time, a firearms prohibition order made against them; or
                1. 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; or
                    2. 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; or
                      1. has, or has had at any time, a restraining order made against them under the Harassment Act 1997; or
                        1. has engaged in any conduct involving non-compliance with any requirements of—
                          1. this Act; or
                            1. any regulations; or
                              1. any conditions to which a licence, endorsement, or permit previously issued to the person under this Act was subject; or
                              2. shows, or has recently shown, symptoms of a mental or physical illness or injury that may adversely affect their ability to safely possess firearms; or
                                1. abuses alcohol, or is dependent on alcohol, to an extent that detrimentally affects their judgement or behaviour; or
                                  1. uses drugs (illegal or legal) in a way that affects detrimentally their judgement or behaviour; or
                                    1. is a member of an organised criminal group; or
                                      1. has close affiliations with a gang or an organised criminal group; or
                                        1. has shown patterns of behaviour demonstrating a tendency to exhibit, encourage, or promote violence, hatred, or extremism; or
                                          1. has been assessed as a risk to a State’s national security; or
                                            1. meets any other prescribed criteria for finding that a person is not a fit and proper person to hold a firearms licence.

                                              1. In determining whether, for the purposes of this Act, a person is a fit and proper person to hold a firearms licence, the chief executive may take into account—

                                              2. whether the person—
                                                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 prescribed criteria for finding that a person is a fit and proper person to hold a firearms licence; and
                                                    1. any other matters the chief executive considers relevant.

                                                      1. The chief executive may, for the purpose of determining whether a person is a fit and proper person to be issued with a firearms licence,—

                                                      2. seek and receive any information that the chief executive considers relevant; and
                                                        1. consider information obtained from any source.

                                                          1. If the chief executive proposes to take into account any information that is or may be prejudicial to an applicant’s application, the chief executive must, subject to section 72, disclose that information to the applicant and give the applicant a reasonable opportunity to refute or comment on it.

                                                          2. In this section, family violence has the meaning given in section 9 of the Family Violence Act 2018.