New Zealand Acts

ARMS ACT 1983 - SECT 53A

53A Use or attempted use of prohibited firearm to resist or prevent arrest or commit offence

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

a) themselves:

b) any other person.

2 Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, at the time of committing an offence punishable by imprisonment for a term of 3 years or more, possesses a prohibited firearm.

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

History: Section 53A: inserted, on 12 April 2019, by section 56 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).   Section 53A(2): amended, on 25 June 2020, by section 80 of the Arms Legislation Act 2020 (2020 No 23).