New Zealand Acts

ARMS ACT 1983 - SECT 43

43 Selling or supplying firearm or airgun to unlicensed person

1 A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $20,000, if the person—

a) sells or supplies a firearm (other than a pistol, prohibited item, or restricted weapon) to any person who is not the holder of a firearms licence, a dealer’s licence, or a permit issued for the purposes of section 16(1) ; or

b) sells or supplies an airgun to any individual who is under the age of 18 years and is not the holder of a firearms licence.

2 It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant proves—

a) that the defendant took reasonable steps to ascertain whether the person to whom they sold or supplied the firearm (A) was the holder of a firearms licence; or

b) that—

i) the firearm was sold or supplied to A for use under the immediate supervision of another person, not being a visitor, who holds a firearms licence (B); and

ii) at all times, while A was in possession of the firearm, A was under the immediate supervision of B.

3 It is a defence to a prosecution for an offence against subsection (1)(b) if—

a) the defendant proves that the defendant took reasonable steps to ascertain whether the individual to whom they sold or supplied the airgun (not being a specially dangerous airgun) (C) was the holder of a firearms licence and was a person of or over the age of 18 years; or

b) the defendant proves—

i) that the airgun was sold or supplied to C for use under the immediate supervision of another person (D) who holds a firearms licence and was a person of or over the age of 18 years; and

ii) that at all times while C was in possession of the airgun, C was under the immediate supervision of D.

History: Section 43: replaced, on 25 June 2020, by section 68 of the Arms Legislation Act 2020 (2020 No 23).