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

(1)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who 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 procure that pistol or restricted weapon.

(2)

In any prosecution for an offence against subsection (1) in which it is proved that the defendant sold or supplied a pistol or a restricted weapon to any person, the burden of proving that that person was the holder of—

(a)

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

(b)

a permit which was issued under section 35 and which authorised that person to procure that pistol or restricted weapon,—

shall lie on the defendant.

(3)

It is a good defence to a prosecution for an offence against subsection (1) if the defendant proves, in the case of a prosecution relating to the supply of a pistol to any person,—

(a)

that the pistol was supplied to that person for use both—

(i)

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

(ii)

under the immediate supervision of the holder of a firearms licence bearing an endorsement permitting that person to have possession of that pistol or a pistol of that kind; and

(b)

that at all times while that person was in possession of the pistol he was both on such a range and under the immediate supervision of the holder of such a firearms licence.

(4)

A defendant may, in the case of a prosecution relating to the sale or supply of a pistol or restricted weapon to any person, discharge the burden of proof placed on him by subsection (2) by proving that he took reasonable steps to ascertain whether that person was the holder of a permit of the kind described in paragraph (a) or paragraph (b) of subsection (1).

Compare: 1958 No 21 s 7B; 1976 No 151 s 5

Section 44 heading: replaced, on 12 April 2019, by section 47(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 44(1): substituted, on 1 November 1992, by section 22(1) of the Arms Amendment Act 1992 (1992 No 95).

Section 44(1): amended, on 12 April 2019, by section 47(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 44(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 44(1)(a): amended, on 12 April 2019, by section 47(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 44(1)(b): amended, on 12 April 2019, by section 47(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 44(2): substituted, on 1 November 1992, by section 22(1) of the Arms Amendment Act 1992 (1992 No 95).

Section 44(2): amended, on 12 April 2019, by section 47(3) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 44(2)(a): amended, on 12 April 2019, by section 47(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 44(2)(b): amended, on 12 April 2019, by section 47(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 44(4): amended, on 12 April 2019, by section 47(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).