49 Using, discharging, or carrying certain firearms except for some lawful, proper, or sufficient purpose


Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both who, except for some lawful, proper, and sufficient purpose, uses, discharges, or carries anywhere any firearm of the kind known as—


a bolt gun or a stud gun:


a humane killer:


a tranquilliser gun:


a stock marking pistol:


an underwater spear gun:


a flare pistol:


a deer net gun:


a pistol that is part of rocket or line throwing equipment:


a miniature cannon.


In any prosecution for an offence against subsection (1) in which it is proved that the defendant used, discharged, or carried a firearm of a kind described in that subsection, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

Section 49(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).