Arms (Firearms Prohibition Orders) Amendment Bill (No 2)

Arms (Firearms Prohibition Orders) Amendment Bill (No 2) The Parliament of New Zealand enacts as follows: 1 Title This Act is the Arms (Firearms Prohibition Orders) Amendment Bill (No 2) 2020 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act Part amends the Arms Act 1983 (the principal Act ) . 4 Section 2 amended (Interpretation) In section 2(1), insert the following definitions in their appropriate alphabetical order: firearms prohibition order means an order made by the Commissioner under section 59A 61A of this Act gang has the same meaning as in section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013 possess, in relation to a firearm, part, or ammunition, includes a firearm, part, or ammunition that is subject to a person’s control but that is in the custody of another person gang member means an individual who is a member of a gang (including a prospective member of a gang) 4A New cross-heading above section 22H inserted After section 22G, insert: Persons disqualified from holding firearms licence 4B Section 22H amended (Persons disqualified from holding firearms licence) After section 22H(b), insert: c the person is subject to a firearms prohibition order; or d the person is a gang member. 4C Section 24A amended (Fit and proper person to possess firearm or airgun) Replace section 24A(1)(k) with: k the person has close affiliations with a gang: ka the person is a member of, or has close affiliations with, an organised criminal group: 5 Section 24 amended (Issue of firearms licence) In section 24(1), replace subsection (2) with subsections (1A) and (2) . After section 24(1), insert: 1A A firearms licence must not be issued to a person— a who, in the opinion of a commissioned officer of Police, is a member of a gang; or b who is subject to a firearms prohibition order. Replace section 24(2)(d) with: d who, in the opinion of a commissioned officer of Police, is not a fit and proper person to be in possession of a firearm or airgun; or e who, in the opinion of a commissioned officer of Police, is a member of a gang; or f who is subject to a firearms prohibition order. 6 Section 27 amended (Revocation and surrender of firearms licence) Before section 27(1), insert: 1AA If a person becomes subject to a firearms prohibition order, any firearms licence that has been issued to that person is revoked, and the person to whom that firearms licence has been issued must immediately surrender the licence to a member of the Police. After section 27(1)(a), insert: ab any person who has been issued with a firearms licence is, or is seeking to become, a member of a gang; or Replace section 27(1)(b)(iii) and (iv) with: iii whose firearms licence has been revoked in accordance with this section; or iv who, in the opinion of a commissioned officer of Police, is not a fit and proper person to be in possession of a firearm or airgun, or is a member of a gang; or v who is subject to a firearms prevention order— In section 27(3), replace subsection (1) with subsection (1AA) or (1) 6 Section 27 amended (Surrender and revocation of firearms licence) After section 27(2)(a), insert: aa the holder of the licence is seeking to become a gang member; or After section 27(2)(c)(ii), insert: iii who is subject to a firearms prohibition order; or iv who is a gang member. 7 New sections 59A to 59E 61 to 61F and cross-heading inserted After section 59 60C , insert: Firearms prohibition orders 61 Interpretation For the purposes of sections 61A to 61F ,— firearm or related item means any firearm, pistol, restricted weapon, airgun, blank-firing gun, imitation firearm, magazine, part, prohibited item, or ammunition serious violent offence has the same meaning as in section 86A of the Sentencing Act 2002. 59A 61A Firearms prohibition orders 1 The Commissioner may make a firearms prohibition order against a person if— a in the opinion of the Commissioner, it is necessary, in the public interest, to ensure that the person does not have possession of a firearm; and b the person is a member of a gang gang member ; and c the person has, within the past 10 years, been convicted of— i an offence under this Act : ; or ii an offence under the Domestic Violence Act 1995 : ; or iia an offence under the Family Violence Act 2018; or iii a serious violent offence . ; and d in the opinion of the Commissioner, it is necessary in the public interest to ensure that the person does not have possession of a firearm. 2 A firearms prohibition order takes effect when it has been served on the person who is to be subject to the order in accordance with section 72A of this Act , in accordance with section 72A, on the person against whom it is made . 3 The Commissioner may revoke a firearms prohibition order at any time. 4 In this section, serious violent offence has the same meaning as in section 86A of the Sentencing Act 2002. 59B 61B Offences in respect of firearms prohibition orders Prohibition on persons subject to firearms prohibition order acquiring, possessing, or using firearm or related item 1 A person who is subject to a firearms prohibition order must not acquire, possess, or use a any firearm or part related item . 2 A person who contravenes subsection (1) commits an offence and is liable on conviction,— a where if the firearm or related item is a pistol , or restricted weapon, or prohibited firearm, to a term of imprisonment not exceeding 14 years 6 years or to a fine not exceeding $8,000, or both : b in any other case, to a term of imprisonment not exceeding 5 years. 3 A person who is subject to a firearms prohibition order must not acquire or possess ammunition. 4 A person who contravenes subsection (3) commits an offence and is liable on conviction to a term of imprisonment not exceeding 5 years. 59C 61C Prohibition on supplying firearms, parts, or ammunition firearm or related item to person s subject to firearms prohibition order 1 Every A person commits an offence if they must not supply, or give possession of, a firearm or related item , part, or ammunition to another person knowing that the other person is subject to a firearms prohibition order. 2 A person who contravenes subsection (1) commits an offence and is liable , on conviction,— a where if the firearm or related item is a pistol , or restricted weapon, or prohibited firearm, to a term of imprisonment not exceeding 14 10 years: b in any other case, to a term of imprisonment not exceeding 5 years. 59D 61D Prohibition on person subject to firearms prohibition order residing at premises where firearms, parts, or ammunition are firearm or related item present 1 A person who is subject to a firearms prohibition order commits an offence if a firearm, part, or ammunition is kept or found on premises at which the person is residing must not have any firearm or related item at their place of residence . 2 A person who contravenes subsection (1) commits an offence and is liable , on conviction , to a term of imprisonment not exceeding 12 months 2 years . 3 It is a good defence to a prosecution for an offence against subsection (1) (2) if the defendant proves— a that he they did not know, and could not reasonably be expected to have known, that the firearm , part, or ammunition or related item was at their place of residence on the premises ; or b that he they took reasonable steps to prevent the firearm , part, or ammunition or related item from being at their place of residence on the premises . 59E 61E Prohibition on person subject to firearms prohibition order attending certain premises 1 A person who is subject to a firearms prohibition order must not, without reasonable excuse, attend or be present at— a the place of business of a licensed dealer: b a shooting range: c the premises of a firearms club. 1A A person who contravenes subsection (1) commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years. 2 For the avoidance of doubt, membership of a firearms club is not a reasonable excuse for the purposes of subsection (1) . 61F Cancellation of firearms prohibition order 1 Not earlier than 10 years after a firearms prohibition order is made, the person against whom the order is made may apply to the District Court to have the order cancelled. 2 The District Court may cancel a firearms prohibition order if a District Court Judge is satisfied that— a any of the grounds in section 61A for the making of the order no longer apply in respect of the applicant; and b the applicant has not been convicted of an offence against section 61B, 61D, or 61E in respect of the order; and c allowing the applicant to possess a firearm would not— i be contrary to the public interest; and ii pose an undue risk to public safety or security. 8 Section 62 amended (Right of appeal from official decisions) After section 62(1)(a), insert: ab a person who has had a firearms prohibition order made against them; and 8 Section 62B amended (Right of appeal to District Court) In section 62B(1), replace paragraph (c) with paragraph (c) or (d) . After section 62B(1)(c), insert: d a person who has had a firearms prohibition order made against them under section 61A . In section 62B(3), replace subsection (1) with subsection (1)(a), (b), or (c) . After section 62B(3), insert: 3A On the hearing of an appeal under subsection (1)(d) , the District Court Judge may confirm or cancel the firearms prohibition order. 9 Section 72 amended (Delegation of powers by Commissioner) After section 72(1), insert: 1A Subsection (1) does not apply to the making of firearms prohibition orders under section 59A 61A . 10 Amendment to Policing Act 2008 Section 11 amends the Policing Act 2008. 11 Section 17 amended (Delegation of powers, functions, or duties of Commissioner) In section 17(1), after enactment , insert (other than the power to make a firearms prohibition order under section 61A of the Arms Act 1983) . 12 Amendment to Search and Surveillance Act 2012 Section 13 amends the Search and Surveillance Act 2012. 13 Section 18 amended (Warrantless searches associated with arms) In section 18(2)(a), after 1983 , insert , other than section 61B, 61C, 61D, or 61E of that Act . After section 18(3), insert: 4 A constable who has reasonable grounds to suspect that a person is subject to a firearms prohibition order, or that a person is in breach of any of sections 61B, 61C, 61D, or 61E of the Arms Act 1983, may, without a warrant, do any or all of the following: a search the person: b search any thing in the person’s possession or under the person’s control (including a vehicle): c enter a place or vehicle to carry out any activity under paragraph (a) or (b) : d seize and detain any firearm or related item: e seize and detain any licence under the Arms Act 1983 that is found. 5 In subsection (4) ,— firearm or related item has the meaning given to it in section 61 of the Arms Act 1983 firearms prohibition order , in relation to a person, means an order made under section 61A of the Arms Act 1983 against that person.