Firearms #Arms Act 1983 Flashcards
Subject to subsection (2), a firearms licence shall be issued if the member of the Police to whom the application is made is satisfied that the applicant
(a) Is of or over the age of 16 years; and
(b) Is a fit and proper person to be in possession of a firearm or airgun.
A firearms licence shall not be issued to a person if, in the opinion of a constable who is of or above the level of position of inspector, access to any firearm or airgun in the possession of that person is reasonably likely to be obtained by any person—
(a) Whose application for a firearms licence or for a permit under section 7 of the Arms Act 1958, or for a certificate of registration under section 9 of the Arms Act 1958 has been refused on the ground that he is not a fit and proper person to be in possession of a firearm or airgun; or
(b) Whose certificate of registration as the owner of a firearm has been revoked under section 10 of the Arms Act 1958 on the ground that he is not a fit and proper person to be in possession of a firearm; or
(c) Whose firearms licence has been revoked on the ground that he is not a fit and proper person to be in possession of a firearm or airgun; or
(d) Who, in the opinion of a constable who is of or above the level of position of inspector, is not a fit and proper person to be in possession of a firearm or airgun.
What is the rank required for revocation and surrender of a firearms licence
A constable of or above the rank of Inspector
Once a constable who is of or above the level of position of inspector has by notice in writing under his hand, revoke the firearms licence what is the requirement on the licence holder.
The person to whom that firearms licence has been issued shall upon demand surrender the licence to a member of the Police.
Who is the onus on to show a fit and proper person to hold a firearms licence
The applicant
Who is the onus on to show grounds for revocation of a firearms licence
The commissioned officer
What does this case law discuss (1)(b): Fewtrell v Police (1996) 14 CRNZ 372, at p 378
Natural Justice should be complied with
Domestic violence and firearms licences a commissioned officer may decide that a person is not fit and proper if satisfied that
(a) That there are grounds under the Domestic Violence Act 1995 for the making against that person of an application for a protection order; or
(b) That such an order is in force under that Act in respect of that person.
Any person whose firearms licence is revoked or surrendered may sell or otherwise dispose of any firearm, pistol, or restricted weapon owned by him to a person approved for the purpose by a member of the Police.
3 months thereafter or such longer period as the Commissioner may allow
Failure to surrender the firearm following revocation or surrender of licence carries what penalty
Imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both
