Firearms Prohibition Orders

Firearms Prohibition Orders will help improve public safety of communities by prohibiting high-risk people from accessing, being around, or using firearms or other restricted weapons including pistols and airguns.

Firearms Prohibition Orders legislation came into effect on 16 November 2022.

Why?

Firearms-related crime represents a real risk to public safety. Firearms Prohibition Orders are an additional tool to protect the public as they will help improve public safety of communities by prohibiting high-risk people from accessing, being around, or using firearms or restricted weapons including pistols and airguns.

While people with a history of high-risk offending would be unlikely to be assessed as a ‘fit and proper’ person to be in possession of a firearm under the Arms Act 1983 (section 22H) this does not mean that they would be unable to access firearms. Additionally, the ‘fit and proper’ test doesn’t prevent high-risk offenders from associating with those who have firearms or residing at /visiting a location where firearms are held.

How will they work?

• The decision-making power to make a Firearms Prohibition Order lies with a judge. A judge decides whether a Firearms Prohibition Order is necessary, reasonable and appropriate to assist  managing the risk that the offender poses to public safety.

The standard conditions in the order state that the person must not:

• be around people who have firearms or related items with them that are not stored securely.
• stay overnight in any premises, for more than any two nights in a year, where any firearms or related items are stored.
• join or continue to be a member of any shooting or firearms club of any kind. This includes an airsoft shooting club.
• go to any shooting range or shooting gallery.
• attend any activity that involves the use of firearms or related items.
• go to any premises or place where firearms or related items are manufactured, sold, repaired hired, lent, or otherwise supplied.

Firearms Prohibition Orders come into force when an offender is released from custody or takes effect immediately when made on a non-custodial sentence. The order remains in place for 10 years unless amended by a judge upon a subsequent conviction or appeal.

The person will commit an offence if they access, possess, or use any firearms or related items, or does not follow any condition in the order. These are imprisonable offences.

Police is the lead agency for Firearms Prohibition Orders, as these are part of the broader firearms (Arms Act 1983) legislation and regulations.

Police’s role in administering the regime includes:

• seeking a Firearms Prohibition Orders at sentencing after an offender has been convicted of a qualifying offence
• managing changes to firearms licence conditions
• compliance (especially when there is a breach of a Firearms Prohibition Order).

A breach of a Firearms Prohibition Order can be a serious imprisonable offence, as is knowingly supplying firearms to a person who is subject to a Firearms Prohibition Order.

If you are aware of someone breaching a Firearms Prohibition order please contact Police on 105, If it happening now and there is a threat to life or property call 111.

FAQs

What are Firearm Prohibition Orders?

Firearm Prohibition Orders are a tool to prevent access and possession of firearms and related items by high-risk offenders.

• Firearms Prohibition Orders come into force when an offender is released from custody or takes effect immediately when made on a non-custodial sentence. The order remains in place for 10 years, unless amended by a judge upon a subsequent conviction or appeal.

How do they work?

A judge can make a Firearm Prohibition Order at sentencing for a qualifying offence if satisfied that on the balance of probabilities, the imposition of a Firearm Prohibition Order is necessary, reasonable and appropriate to assist in managing the risk that the offender poses to public safety

Firearm Prohibition Orders are applied for convictions for serious offences, including:

• Serious offences against the Arms Act 1983
• Serious violent offences including murder, attempted murder, conspiracy, manslaughter, discharging a firearm or doing dangerous acts, aggravated robbery, and sexual violation.
• Offences with intent to cause harm or grievous bodily harm.
• Strangulation/suffocation.
• Terrorist offences, and 
• Organised crime offences.

What is the purpose of Firearm Prohibition Orders?

The Firearms Prohibition Legislation Act introduces a new order type which can be made at sentencing in the District and High Court. Firearms Prohibition Orders are intended to protect the public from harm by prohibiting ‘high-risk’ offenders from accessing, being around, or using firearms or other restricted weapons, including pistols or airguns.

A judge can make a Firearms Prohibition Order when sentencing a person who has been convicted of category three and four specified offences under various Acts.^[1] The standard conditions in the order state that the person must not:

• be around people who have firearms or related items with them that are not stored securely.
• stay overnight in any premises, for more than any two nights in a year, where any firearms or related items are stored.
• join or continue to be a member of any shooting or firearms club of any kind.  This includes an airsoft shooting club. You are not to visit these clubs or attend events organised by them.
• go to any shooting range or shooting gallery.
• attend any activity that involves the use of firearms or related items.
• go to any premises or place where firearms or related items are manufactured, sold, repaired hired, lent, or otherwise supplied.

The person will commit an offence if they access, possess, or use any firearms or related items, or does not follow any condition in the Order. They could go to prison for up to two to seven years.

Any concerns should be reported to the Police. You can contact them on 111 if it’s an emergency or 105 for non-emergency type reporting. The Act will come into force on 16 November 2022.

Can the court make exceptions to the standard conditions of a Firearm Prohibition Order?

The legislation enables the judge to amend standard and special conditions on sentencing where appropriate. This will ensure that due consideration is given to any rehabilitative and reintegration needs (e.g. for employment, to live among whānau). This tailored approach therefore allows judges to specifically consider cultural needs, particularly of Māori and Pacific people.

How long does a Firearm Prohibition Order last for?

A Firearm Prohibition Order will have a fixed 10-year duration (this aligns with Arms Act’s 10-year disqualification period) and will take effect either once made by the judge, or in the case of someone sentenced to a term of imprisonment, following their release from custody. There is no ability to seek a review of the Firearm Prohibition Order, except through the usual rights of appeal that apply to sentencing.

Further Firearm Prohibition Orders can be ordered by a judge, should a person commit further eligible offences.

What are the conditions of a Firearm Prohibition Orders?

Anyone subject to a Firearm Prohibition Order will not be able to obtain a firearms licence for the duration of the Firearm Prohibition Order and will have any current firearms licence revoked while the person’s Firearm Prohibition Order is in place. Any firearms owned would need to be surrendered to the Crown.

Judges have the ability to modify the standard conditions of a Firearm Prohibition Order to meet the rehabilitation and reintegration needs of an offender (as long as they are considered necessary reasonable, and appropriate and). This means, where appropriate, a subject person could. For example, obtain employment in rural communities (such as on farms where firearms are normally present), as long as the person did not have access to, or use, firearms as part of that employment.