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Arms Bill

Further offences and firearms prohibition orders - Offences relating to using arms items

262: Using or attempting to use restricted firearm or pistol to resist or prevent arrest or commit offence

You could also call this:

"Using a restricted firearm to resist arrest or commit a crime is against the law"

Illustration for Arms Bill

If you try to use a restricted firearm or pistol to stop yourself or someone else from being arrested, you can be sent to prison for up to 10 years. You can also be sent to prison for up to 10 years if you try to use a restricted firearm or pistol to stop someone from arresting you or someone else. If you have a restricted firearm with you when you commit a serious crime, you can be sent to prison for up to 7 years. If you are charged with having a restricted firearm when committing a serious crime, you can say it was for a lawful purpose to defend yourself. You will need to prove that you had the restricted firearm for a good reason. This can help you if you are charged with an offence related to having a restricted firearm when committing a crime. It is against the law to have a restricted firearm when committing a serious crime, unless you can prove you had it for a lawful purpose.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534003.

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Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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261: Carelessly using standard firearm, restricted firearm, pistol, restricted weapon, or airgun, or

"Using a gun carelessly and putting people's lives at risk"

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263: Using or attempting to use standard firearm, etc, to resist or prevent arrest or commit offence, or

"Using a firearm to resist arrest or commit a crime"

Part 6Further offences and firearms prohibition orders
Offences relating to using arms items

262Using or attempting to use restricted firearm or pistol to resist or prevent arrest or commit offence

  1. A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 10 years if the person makes, or attempts to make, any use whatsoever of any restricted firearm or pistol with intent to resist or prevent the lawful arrest or lawful detention of—

  2. themselves:
    1. any other person.

      1. A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years if the person, at the time of committing an offence punishable by imprisonment for a term of 3 years or more, possesses a restricted firearm.

      2. It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that they possessed the restricted firearm or pistol for a lawful purpose.