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Arms Bill

Licences and approvals - Expiry, surrender, suspension, and revocation of licences - Suspension of licences

146: When licence must be suspended

You could also call this:

"When Your Gun Licence Can Be Taken Away"

Illustration for Arms Bill

If you have a firearms licence, business licence, curator licence, or museum worker licence, it may be suspended. The chief executive will suspend your licence if they are told by the Police that you have been charged with a certain offence, as specified in section 68(a). This suspension will be done in writing. Your licence will stay suspended until the charge against you is withdrawn, dismissed, or stayed, and the chief executive confirms you are a fit and proper person to hold the licence. When you are given a notice of suspension, it must include certain information. This includes the date the suspension starts, which licence is suspended, and why the notice was given. The notice must also tell you what you need to do for the suspension to end. It must say that during the suspension, you are treated as not having the licence. You may commit an offence if you do things that require a licence while your licence is suspended. You may be asked to give your licence, arms items, and ammunition to the Police or the chief executive.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1538983.

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145: When licence may be suspended, or

"When Your Firearms Licence Can Be Taken Away Temporarily"

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147: Effect of suspension of firearms licence, or

"What happens if your gun licence is suspended"

Part 3Licences and approvals
Expiry, surrender, suspension, and revocation of licences: Suspension of licences

146When licence must be suspended

  1. The chief executive must, by written notice to the holder of a firearms licence, business licence, curator licence, or museum worker licence, suspend the holder’s licence if the chief executive is notified by the Police that the licence holder is charged with an offence specified in section 68(a).

  2. The suspension of a licence under subsection (1) continues until—

  3. the charge against the licence holder is withdrawn, dismissed, or stayed; and
    1. the chief executive confirms that the licence holder is a fit and proper person to hold the licence.

      1. A notice of suspension given under subsection (1) must specify—

      2. the date on which the suspension begins; and
        1. the licence that the notice applies to; and
          1. that, if the person holds both a firearms licence and a business licence, both licences are suspended; and
            1. the ground on which the notice is given; and
              1. the criteria that must be satisfied before the suspension can end; and
                1. that the effect of the notice is that, during the suspension, the holder is treated as not holding the licence for the purposes of this Act; and
                  1. that the holder may commit an offence if the holder carries on any activities that require the holder to be licensed under this Act; and
                    1. that the holder may be required immediately, or before a date specified by the chief executive, to surrender to a member of the Police, the chief executive, or an officer of the Arms Regulator—
                      1. their licence; and
                        1. all arms items and ammunition in their possession.