55 Carrying firearm, etc, with criminal intent

(1)

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who has with him any firearm (other than a prohibited firearm), airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive, with intent to commit an offence punishable by imprisonment for a term of 3 years or more or to resist arrest or prevent the arrest of another person, in either case while he has the firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with him.

(2)

In a prosecution for an offence against subsection (1), proof that the defendant had any firearm (other than a prohibited firearm), airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with him and intended to commit an offence, or to resist or prevent arrest, is evidence that he intended to have it with him while doing so.

Compare: 1958 No 21 s 18B; 1976 No 151 s 10(1)

Section 55 heading: replaced, on 12 April 2019, by section 59(1) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 55(1): amended, on 12 April 2019, by section 59(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 55(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 55(2): amended, on 12 April 2019, by section 59(2) of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).