44 Selling or supplying pistol or restricted weapon to person who does not hold permit to import or permit to possess

(1)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or to a fine not exceeding $30,000, if the person sells or supplies a pistol or restricted weapon to any person other than a person who is authorised—

(a)

by a permit issued for the purposes of section 16(1) to bring or cause to be brought or sent into New Zealand that pistol or restricted weapon; or

(b)

by a permit issued under section 35 to possess that pistol or restricted weapon.

(2)

It is a defence to a prosecution for an offence against subsection (1) if—

(a)

the defendant proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol or restricted weapon (A) was the holder of a permit of the kind described in subsection (1)(a) or (b); or

(b)

the defendant proves, in the case of a prosecution relating to the sale or supply of a pistol,—

(i)

that the pistol was supplied to A for use—

(A)

on a range of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29; and

(B)

under the immediate supervision of another person (B) who holds a firearms licence bearing an endorsement permitting them to have that pistol or a pistol of that kind; and

(ii)

that, at all times while A was in possession of the pistol, A was—

(A)

on a range of the kind described in subparagraph (i)(A); and

(B)

under the immediate supervision of B.

Section 44: replaced, on 25 June 2020, by section 72 of the Arms Legislation Act 2020 (2020 No 23).