50 Unlawful possession of pistol or restricted weapon

(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—

(a)

is in possession of a pistol and is not a person authorised or permitted, expressly or by implication, by or pursuant to this Act, to be in possession of that pistol; or

(b)

is in possession of a restricted weapon and is not a person authorised or permitted, expressly or by implication, by or pursuant to this Act, to be in possession of that restricted weapon.

(c)
[Repealed]

(2)

It is not an offence against this section to be in possession of a pistol that is an antique firearm.

(3)

In any prosecution for an offence against subsection (1) in which it is proved that the defendant was in possession of a pistol or restricted weapon, the burden of proving that the defendant was authorised or permitted, expressly or by implication, by or pursuant to this Act to be in possession of that pistol or restricted weapon shall lie on the defendant.

(4)

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

(a)

that he is the holder of a firearms licence; and

(b)

that he has owned the firearm to which the charge relates since before 16 May 1969; and

(c)

that, immediately before 16 May 1969, he was registered under section 9 of the Arms Act 1958 as the owner of that firearm; and

(d)

that, although that firearm is less than 762 millimetres in length, it has not been reduced below that length since 15 May 1969 and is not designed or adapted to be held and fired with 1 hand.

(5)

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

(a)

that the pistol was in his possession for use both—

(i)

on the range of an incorporated pistol 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 the defendant was in possession of the pistol he was both on such a range and under the immediate supervision of such a person.

Compare: 1958 No 21 ss 7A, 7B(2), 12(1), (4), 23A; 1962 No 59 s 3; 1971 No 46 s 3; 1974 No 68 ss 4, 8; 1976 No 151 s 5; SR 1959/5 rr 12(4), 22A; SR 1964/32 rr 5, 7

Section 50 heading: substituted, on 1 November 1992, by section 27 of the Arms Amendment Act 1992 (1992 No 95).

Section 50 heading: amended, on 12 April 2019, by section 51(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 50(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 50(1)(c): repealed, on 12 April 2019, by section 51(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 50(3): substituted, on 1 November 1992, by section 27(2) of the Arms Amendment Act 1992 (1992 No 95).

Section 50(3): amended, on 12 April 2019, by section 51(3) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).