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Arms Bill

Further offences and firearms prohibition orders - Firearms prohibition orders

298: Offence to breach firearms prohibition order

You could also call this:

"Breaking a firearms prohibition order is a crime"

Illustration for Arms Bill

If you breach a firearms prohibition order, you commit an offence. You do this by accessing, possessing, or using certain firearms or items, or by failing to comply with the order's conditions without a reasonable excuse. You can be liable to imprisonment if you are convicted of this offence. If you are convicted of accessing, possessing, or using certain restricted firearms, you can be imprisoned for up to 7 years. In other cases, you can be imprisoned for up to 5 years. This applies if you breach the order by accessing, possessing, or using certain firearms or items. If you are convicted of failing to comply with the order's conditions without a reasonable excuse, you can be imprisoned for up to 2 years. This is a separate offence from accessing, possessing, or using certain firearms or items. You must follow the conditions of the order to avoid committing an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533981.

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Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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297: Appeal against decision to make or not make FPO is appeal against sentence, or

"Appealing a Firearms Prohibition Order decision is like appealing a sentence."

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299: Offence to supply firearms, etc, to person subject to firearms prohibition order, or

"It's an offence to give guns or ammo to someone not allowed to have them"

Part 6Further offences and firearms prohibition orders
Firearms prohibition orders

298Offence to breach firearms prohibition order

  1. A person commits an offence if the person breaches a firearms prohibition order by—

  2. accessing, possessing, or using any firearm, pistol, pistol carbine conversion kit, restricted weapon, airgun, imitation firearm, magazine, part of a firearm or restricted weapon, restricted item, or ammunition; or
    1. failing, without reasonable excuse, to comply with any condition of the order.

      1. A person who is convicted of an offence under subsection (1)(a) is liable,—

      2. if the person accesses, possesses, or uses a restricted firearm, to a term of imprisonment not exceeding 7 years:
        1. in any other case, to a term of imprisonment not exceeding 5 years.

          1. A person who is convicted of an offence under subsection (1)(b) is liable to a term of imprisonment not exceeding 2 years.