Arms Code Section 5: Your duties and legal requirements

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5a) Transporting firearms and ammunition

  • Car
  • Boat
  • Public transport (bus, train, inter-island ferry, aircraft)
  • Mail/courier
  • Exporting and importing
  • Exiting New Zealand
  • Entering New Zealand
  • Visitors to New Zealand

5b) Duties and obligations of firearm owners/users

  • Arms laws requirements
  • What to do if you become unsuitable to hold a firearms licence
  • What to do if the firearms licensee dies

5c) Recording your firearms
5d) Offences with firearms
 

5a) 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.
  • 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)
On some shooting trips you will need to carry your firearm by public transport. Remember to make suitable
arrangements for this when planning your trip. Discuss the requirements with your travel agent or
the carrier.

In general:

  • 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.

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

Exporting and importing
If you wish to send or take any pistol, MSSA or restricted weapon out of the country you must let the Police know at least four days in advance. Standard sporting firearms can be exported without notice to Police, but you will require an import permit if you plan to bring them back into New Zealand. Obtain this before leaving New Zealand.

You should allow a month to obtain the import permit.

Exporting firearms, parts and ammunition from New Zealand
An export permit is required before firearms, components, accessories, ammunition and other weapons may be taken out of New Zealand. These controls apply regardless of the state, completeness or working condition of the items.

Permits are issued free of charge by the International Security and Disarmament Division of the Ministry of
Foreign Affairs.

Certain exemptions exist for antique items, temporary exports for hunting trips or sporting competitions, visitors to New Zealand and exports for the purposes of repair and return. Please note that these exemptions do not apply to Pacific Island destinations.

Further information and application forms are available from the Business Gateway (Strategic Goods) on the Ministry’s website www.mfat.govt.nz or by contacting the Ministry directly on: 04 439 8227 (phone) or
exportcontrols@mfat.govt.nz (email).

Exiting New Zealand
If taking a firearm out of New Zealand with the intention of bringing it back, you will need an export permit issued by MFAT, an import permit issued by Police and a certificate of export from the Customs Department. Show these forms on your return to prove that the firearm was taken from New Zealand and not obtained overseas. You can obtain the certificate at any Customs office a few days before departure, or at the airport of departure. Allow yourself sufficient time for the formalities if you are seeking the certificate at the airport.

If you do not have a permit to import the firearm into your country of destination you risk forfeiture of your firearm. Contact the relevant embassy to check their laws on firearms.

Entering New Zealand
You must declare any firearm to Customs and Police on entering New Zealand. An import permit issued by Police is needed for all firearms on return from overseas. It is preferable that you get this permit from the Police before you leave. If you do not have an import permit, be prepared to surrender the firearm until one is obtained, either from Police at the airport, or from your nearest Arms Officer.

Any firearm or parts brought or sent to New Zealand must be approved for import. Contact a Police Arms Officer to see whether the firearm or parts you want are approved.

You will also need to apply for an import permit. You risk prosecution if you do not have a permit to import, and the firearm or parts are not approved for import. As well, you will be required to send the firearm or parts out of the country or surrender them unconditionally to the Police for destruction.

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 on www.police.govt.nz/service/firearms

5b) Duties and obligations of firearm owners/users

Arms Laws requirements

The Arms Laws require that you:

  • Produce your licence when required to so by a member of the Police. If you don’t have your licence with you when asked, you may be given 7 days in which to produce it to the Police.
  • Notify the Police, within 30 days, of a change in your residential address. Forms for this purpose are included in the Arms Code and on the Police website. www.police.govt.nz/service/firearms
  • Notify the Police whenever any firearm you own is lost or stolen. You should record the make, model and serial number of all your firearms. Police can record it on their database for you.
  • Give your full name, address and date of birth if requested by the Police when you are found in possession of a firearm – including an airgun. Refusal to give these details, or giving false details, can lead to arrest.
  • Ensure that any person to whom you sell or supply a firearm or ammunition is the holder of a firearms licence. Persons aged 16 or 17 require a licence to buy or use an airgun. Persons buying pistols, restricted weapons or MSSAs also require a permit to procure issued by the Police. Persons buying firearms by mail order or internet are required to present verification of their firearms licence to the seller. Police issue certified forms for this purpose.
  • Report any injury and death caused by any firearm, airgun, pistol or restricted weapon.
  • The report must be made in person and as soon as possible at any Police station or to a member of the Police.

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.

What to do if the firearms licencee 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.

5c) Recording your firearms

Write down the make, model and serial number of all your firearms. Keep these records in a safe place, separate from your firearms. Police will record your sporting (‘A’ category) firearms for you if you wish. This is usually done as a matter of routine during licensing enquiries.

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. www.police.govt.nz/service/firearms
You can record your firearm details and notify changes of address using the pages at the back of this book.
 

5d) Offences with firearms

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.

Introduction          Sections  1     2     3     4     5        Glossary        Where to find more information