This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Arms Bill

Licences and approvals - Obligations of licence holders - Unsafe arms items

138: Unsafe arms items

You could also call this:

"What to do if an arms item is deemed unsafe"

Illustration for Arms Bill

The proposed law says if the chief executive thinks an arms item is unsafe, they can tell you to fix it. You will have to show the fixed arms item to an officer of the Arms Regulator by a certain date. The chief executive will tell you the date in a written notice. If you do not fix the arms item, the chief executive can tell you to give it to an officer of the Arms Regulator straight away. You can appeal against this decision under section 341. This means you can ask for the decision to be changed. If you do not give the arms item to an officer of the Arms Regulator without a good reason, you can be punished. You might have to pay a fine of up to $10,000 or go to prison for up to 6 months. This rule does not apply to antique firearms.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533759.

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Part 3Licences and approvals
Obligations of licence holders: Unsafe arms items

138Unsafe arms items

  1. If, in the opinion of the chief executive, any arms item is unsafe, the chief executive may, by notice in writing to the owner of the arms item, require the owner to ensure that the arms item is brought to a safe standard of repair and produced to an officer of the Arms Regulator within a period or by a date specified in the notice.

  2. If the owner of any arms item fails to comply with a notice given to them under subsection (1) in respect of an arms item, the chief executive may, by notice in writing to the owner, require the owner to surrender the arms item immediately to an officer of the Arms Regulator.

  3. The owner of an arms item who receives a notice under subsection (1) or (2) may appeal under section 341 against the requirement in the notice, and section 341 applies with all necessary modifications.

  4. An owner of an arms item commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the owner, without reasonable excuse, fails to comply with a notice given to them under subsection (2) in respect of an arms item.

  5. Nothing in this section applies in respect of an antique firearm.