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Arms Bill

Further offences and firearms prohibition orders - Firearms prohibition orders

289: When FPO may be made

You could also call this:

"When a court can stop you from having guns"

Illustration for Arms Bill

A court can make a Firearms Prohibition Order (FPO) when sentencing you for certain crimes. You must have been convicted of specific offences, such as those under the Crimes Act 1961 or the Terrorism Suppression Act 2002. You must have committed the crime when you were 18 or older and after a certain date. The court can also make an FPO if you have been convicted of other serious crimes, like those involving drugs or violence. You must have been 18 or older when you committed the crime and it must have been after 2 March 2025. The court must think you were part of a gang or a criminal group when you committed the crime. The court can make an FPO if they think it is necessary to keep the public safe. They must be satisfied that making an FPO is a reasonable and appropriate way to manage the risk you pose. This means the court will look at the facts of your case and decide if an FPO is needed to protect the public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533970.

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Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawTransport and travel > None applicable in this taxonomy, but could be considered under a broader interpretation of "public safety"Government and voting > None applicable, as this is about court decisions, not government services or votingMoney and consumer rights > None applicable, as this is about criminal law and public safety, not consumer rights or financial mattersHousing and property > None applicable, as this is about firearms and public safety, not housing or property
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288: Interpretation, or

"What special words mean in the Arms Bill"

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290: Effect of FPO, or

"What happens if you get a Firearms Prohibition Order"

Part 6Further offences and firearms prohibition orders
Firearms prohibition orders

289When FPO may be made

  1. This section applies when a court is sentencing an offender who—

  2. has been convicted of—
    1. an offence under section 31, 50, 55, 56, 255, 256, 257, 262, 263, 265, 266, 269, 329, or 350; or
      1. a specified violent offence as defined in section 4 of the Victims’ Orders Against Violent Offenders Act 2014; or
        1. an offence under section 98A, 189A, 216Q, or 308A of the Crimes Act 1961; or
          1. an offence under any of sections 6A to 10 or sections 12 to 13E of the Terrorism Suppression Act 2002; and
          2. committed the offence—
            1. when aged 18 years or over; and
              1. after 15 November 2022.

              2. This section also applies when a court is sentencing an offender who—

              3. has been convicted of—
                1. an offence under any of the following Acts that is punishable by a term of imprisonment of 1 year or more:
                  1. this Act:
                    1. the Misuse of Drugs Act 1975:
                      1. the Psychoactive Substances Act 2013; or
                      2. an offence against any of the following provisions of the Crimes Act 1961:
                        1. the provisions of Part 8 (crimes against the person):
                          1. the provisions of Part 10 (crimes against rights of property):
                            1. the provisions of Part 11 (threatening, conspiring, and attempting to commit offences); and
                          2. committed the offence—
                            1. when aged 18 years or over; and
                              1. after 2 March 2025; and
                              2. at the time of committing the offence was—
                                1. a member of a gang or an organised criminal group; or
                                  1. an associate of a gang or an organised criminal group.

                                  2. The court may make an FPO against the offender if the court is satisfied, on the balance of probabilities, that the imposition of an FPO is necessary, reasonable, and appropriate to assist in managing the risk that the offender poses to public safety.