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NZ Hunter Education:

Module 6: SAFETY & LEGAL Continued

13. Firearms Offences

 

Firearms owners and users have certain obligations under the Arms Act. Failure to follow these requirements can lead to prosecution. Most are common sense but if you are in any doubt, or require more information, you should contact the Police or a solicitor, or obtain a copy of the Arms Act and Regulations (www.legislation.govt.nz)

 

Some of the offences are listed below in general terms:

 

  • Using or possessing a firearm without either being licensed or under the immediate supervision of the holder of a firearms licence.

  • Being in possession of firearm or airgun after revocation of firearms licence.

  • Being in possession of a pistol, restricted weapon or MSSA without the required endorsement.

  • Failing to produce a firearms licence when required by Police.

  • Carrying or possessing a firearm without a lawful, proper and sufficient purpose.

  • Carrying an imitation firearm without a lawful, proper and sufficient purpose.

  • Carrying a pistol or restricted weapon without approval from the Police.

  • Carrying a firearm, airgun, imitation firearm or ammunition with criminal intent.

  • Pointing any firearm, whether loaded or not, at any person.

  • Careless use of a firearm, airgun, pistol or restricted weapon.

  • Discharging a firearm, airgun, pistol or restricted weapon in or near a dwelling house or public place so as to endanger property or to endanger, annoy or frighten any person.

  • Being in charge of a firearm or airgun while under the influence of drink or drugs.

  • Carrying a firearm that is loaded (whether in its breech, barrel, chamber or magazine) in or on a motor vehicle on a road or in any place to which members of the public have a right of access.

  • Using or attempting to use a firearm with criminal intent or in the commission of a crime.

  • Selling or supplying a firearm or ammunition to someone without a licence.

  • Supplying an airgun to a person less than 18 years of age. (Unless that person is licensed.)

  • Supplying a pistol, restricted weapon or MSSA to someone who does not have a permit to procure.

  • Selling firearms or ammunition by mail order or internet sale without a written order signed by the purchaser and bearing the endorsement signed by the Police.

  • Importing a firearm or parts without first obtaining a permit to import from the Police.

  • Not advising the Police when a firearm is lost, stolen or destroyed.

  • Tampering with or altering the details of any firearms licence.

  • Failing to surrender firearms if licence revoked.

  • Failing to give four days notice of intention to remove a pistol, MSSA or restricted weapon from New Zealand.

  • Failing to notify police of change of address for firearms licence.

  • Failing to report injuries caused by firearms.

 

14. Lost or stolen Firearms   

 

*See Duties & Obligations

 

 

15. If you become unsuitable to own a firearm                                                               

 

See ‘What to do if you become unsuitable to hold a firearms licence’

 

 

16. Military-style semi-automatic (MSSA) firearms

 

Are firearms that require an endorsement on your firearms licence (E endorsement) and are subject to special security conditions. Only an E endorsed person may have or use an MSSA and it is an offence for anyone without this endorsement to fire one, even under supervision. Only persons 18 years of age or older can have an endorsement for one of these firearms. A permit to procure the MSSA must be obtained from an Arms Officer before taking possession of it. MSSAs require greater storage security than for standard sporting firearms.

 

An MSSA is a self-loading rifle or shotgun with one or more of the following features:

 

  • Folding or telescopic butt

  • Magazine that holds, or has appearance of holding, more than 15 cartridges for .22 rimfire

  • Magazine that holds, or has appearance of holding, more than 7 cartridges for others

  • Bayonet lug

  • Military pattern free standing pistol grip

  • Flash suppresser

 

You need a permit from the Police to obtain one of these firearms.

17. Purchasing or acquiring a firearm   

 

Persons purchasing by mail order or internet, are required to present verification of their firearms licence to the seller. Police issue certified forms for this purpose.

 

18. Recording your firearm

 

Write down the make, model and serial number of all your firearms. Keep these records in a safe place, separate from your firearms.

Every licence holder is required to advise the Police, in writing and within 30 days, whenever there is a change of address. This can be done via the Police website.

 

You can record your firearm details and notify changes of address using the pages at the back of the Arms Code book.

 

19. Selling a firearm

 

‘A category’ - you can only sell your firearm to a licensed firearms owner. You must sight his firearms licence and we recommend you of that licence for your own records. Also persons aged 16 or 17 require a licence to purchase an air gun.

 

Persons buying pistols, restricted weapons or MSSA (Military style semi- automatic) firearms also require a permit to procure issued by the Police.

20. Transporting firearms and ammunition

 

Even before you buy your first firearm you need to know how you will carry it home and where you will keep it. Once you leave the dealer’s shop you will be carrying your firearm in a public place and possibly on a bus, train, aircraft, or inter-island ferry. Bear in mind that it is illegal to carry or use a loaded firearm in a vehicle. Remember also to make sure the action is open when around other people.

 

You are strongly advised to get a padded cover or hard case in which to carry your firearm. This ensures the firearm is protected and stays in good condition. It also makes it less obvious so is less likely to alarm other members of the public.

 

You must have a particular lawful, proper and sufficient purpose to have firearms with you, so you should have firearms – unloaded – in your vehicle only on the way to or from a hunting trip, shooting range, or for some other genuine reason.

 

It is vital for community safety and crime reduction to keep your firearms secure at all times. You may lose your firearms licence if you fail to do so.

 

Car:

  • You may not leave a firearm in an unattended vehicle.

  • ‘Unattended’ means no-one is in, near or able to watch the vehicle.

  • If possible, make the firearm inoperable e.g. by taking out the bolt or secure it to the vehicle with a locked cable.

  • You cannot drive a vehicle on a road with a loaded firearm. This includes the magazine – it must be empty.

  • Even on private property it is dangerous to have a loaded firearm in a vehicle, or to get in or out of the vehicle with a loaded firearm.

  • Be careful when moving your firearm in or out of a vehicle. Treat it as loaded. Do not point it at yourself or at anyone else. Do not pull it towards you by the muzzle.

 

Boat:

  • Duck shooters should check their game licence before they use a firearm in a boat.

 

Public transport: (bus, train, inter-island ferry, aircraft)                                                                                       

  • Firearms and ammunition are not allowed to be carry-on luggage.

  • Firearms and ammunition must be presented to the Carrier for inspection prior to travelling.

  • You will be asked to confirm or demonstrate that the firearm is not loaded.

  • The Carrier will take custody of them until arrival at the destination.

  • All arms must have their bolts removed (where applicable) and must otherwise be rendered inoperable.

  • A locked hard carrying case will protect your firearm during the journey.

  • Upon arrival at your destination, you may be required present your baggage check to reclaim your firearm.

  • Only a limited amount of factory boxed ammunition used for sporting purposes (excluding explosive or incendiary projectiles) may be carried as checked luggage. Check the amount that may be carried before travelling.

  • Allowances for more than one person must not be combined into one or more packages.

 

Some international destinations require prior approval of the carriage of firearms to/from or through their country. Discuss this with your travel agent at the time of booking – well in advance of travelling.

 

Mail Courier:

Generally firearms are not considered in themselves to be dangerous goods. However, individual courier and postal companies may have their own policies regarding the carriage of firearms. Discuss your requirements with the courier or postal company. Firearms should be delivered only to an occupied address.

 

Ammunition is considered to be dangerous goods. All ammunition for transportation must be packaged, secured, and identified properly. There are limits on quantity for carriage of ammunition. See the New Zealand Land Transport website for further details. www.landtransport.govt.nz

21. Types of Licence                                                                                                           
 

*See Firearms licences

22. Visitors to New Zealand

                                                                                                                    

People visiting New Zealand for 12 months or less, and wishing to bring a firearm into the country for their use, need to obtain a visitor’s firearms licence and an import permit. The licence can only be applied for, in person, in New Zealand but the details of the proposed importation can be confirmed in advance.

 

Applicants need to send or bring copies of:

 

  • the combined visitor’s licence and import permit application

  • the photo page of the their passport

  • evidence of being a bona fide shooter in their country of origin (their home country firearms licence/ permit/ certificate).

  •  

These can be sent by email, mail or fax to Police at the airport where they will first arrive in New Zealand. More details and contact addresses for the International Airports are available in the Firearms section. 

23. What to do if you become unsuitable to hold a firearms licence

                                                                                                                    

Arrangements should be made for the possibility that you become unsuitable to hold a firearms licence. Your family, doctor or other representative need to know their obligations if you are no longer considered safe to be around firearms. Discuss with them any reasons, including mental health problems, where you may be judged unfit to hold a firearms licence. Do this while you are still competent enough to be involved with the decision making. Plans must be made for the safe disposal of your firearms.

24. When a licence holder dies

                                                                                                                    

As a responsible firearm licence holder, you need to make provision for the disposal of your firearms before the event of your death.

It is your duty to inform your next of kin and legal representatives of how to legally dispose of the firearms. These arrangements consist of advising the local Arms Officer of the death and surrendering the firearms to the Police, a dealer or another licence holder until provision can be made for final disposal.

 

If you own a pistol, MSSA, or restricted weapon, your personal representative, or any other person who takes possession of the firearm, must immediately notify the Police of:


(a) The death; and
(b) The location of the pistol, MSSA or restricted weapon. Prompt action must be taken to ensure that these types of firearms are all accounted for and are transferred to a person with the appropriate endorsement type and security.

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