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Arms Bill

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

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

You could also call this:

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

Illustration for Arms Bill

If you try to use a standard firearm or something similar to stop the police from arresting you or someone else, you could go to prison for up to 7 years. You could also go to prison for up to 7 years if you have a pistol or certain other items with you when you commit a serious crime. If you have a standard firearm or certain other items with you when you commit a serious crime, you could go to prison for up to 5 years, but it is a defence if you can prove you had them 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 It might be out of date or be missing some parts.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=LMS1534004.

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Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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262: Using or attempting to use restricted firearm or pistol to resist or prevent arrest or commit offence, or

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

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264: Purchasing arms items intending to unlawfully sell or supply, or

"Buying guns to sell or give to someone who can't have them is against the law"

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

263Using or attempting to use standard firearm, etc, 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 7 years if the person makes, or attempts to make, any use whatsoever of any standard firearm, restricted weapon, airgun, imitation firearm, ammunition, or explosive with intent to resist or prevent the lawful arrest or detention of themselves or another person.

  2. 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, has in their possession any pistol, restricted weapon, or explosive.

  3. A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years if the person, at the time of committing an offence punishable by imprisonment for a term of 3 years or more, possesses any standard firearm, airgun, imitation firearm, or ammunition.

  4. It is a good defence to a prosecution for an offence against subsection (2) or (3) if the defendant proves that they possessed the standard firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive for a lawful purpose.