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Arms Act 1975

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

ARMS ACT 1975

1975/4 – February 1975

1 Short title

2 Interpretation

3 Permits for import of firearms

4 Permits for possession

5 Sale to and possession by young persons

6 Registration of firearms

7 Registration may be refused or existing certificate revoked

8 Unregistered firearms to be surrendered

9 Possession of unlawful weapon

10 Carriage or possession of arms

11 Unlawful acquisition of firearms

12 Presenting firearms at any person

13 Careless use of a firearm

13A Offence to discharge firearm near residence

14 Obstruction of police

15 Arrest of offenders

16 Occupier of premises deemed to be in possession of arms

17 Search of suspected persons

18 Search of land or building for arms

19 Application to Government

20 Restoration of articles seized under this Act

21 Forfeitures

22 Authorising disposal of firearms

23 Persons acting under authority

24 Regulations

25 [Spent]

SCHEDULES

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To make provision for the importation acquisition and possession of firearms and ammunition

1 Short title
This is the Arms Act 1975.

2 Interpretation

In this Act –

"Arms Officer" means a person appointed as an Arms Officer by the Niue Public Service Commission for the purpose of this Act, and in default of such appointment means the Chief Officer of Police;
"explosive" includes any article of which an explosive forms a part and which is capable of a destructive effect by way of an explosion;
"firearm" includes any weapon from which a missile can be discharged by the force of an explosion or by the force of any compressed gas or compressed air, and includes a weapon which for the time being is not capable of discharging a missile but which by the replacement of any component part or parts, or the correction of any defect, would be so capable, and also includes any weapon which is for the time being dismantled, but subject to section 13 (4) does not include any firearm of the type commonly known as humane killers, or bolt or stun guns;
"owner" as used in relation to a firearm includes any person for the time being in possession of or having control of it;
"pistol" means any firearm which is designed or adapted to be held and fired with one hand; and includes any firearm that is less than 30 inches in length;
"shot-gun" means a firearm having a smooth-bore barrel and primarily designed for sporting purposes and to discharge pellets of shot only; "unlawful weapon" means any pistol, machine gun, rifle, air-gun, and any other class of firearm except a shot-gun.

3 Permits for import of firearms

(1) No person shall bring or cause to be brought or sent into Niue any ammunition or any firearm otherwise than under a permit issued to him for that purpose by the Arms Officer in the appropriate form contained in Schedule 1 and on payment of the appropriate fee prescribed in Schedule 4.

(2) Before issuing such a permit the Arms Officer may require the applicant to produce for examination and testing the firearm or such samples of any firearms or ammunition referred to in the application as he shall think fit and may in his discretion refuse to grant a permit for any or all of the firearms or ammunition referred to in the application.

(3) The issue of any permit under this section shall be subject to such conditions as the Arms Officer may impose.

(4) The Arms Officer may at any time revoke any permit to import firearms or ammunition issued under this section.

(5) If any constable or any officer of Customs has reasonable grounds to suspect that firearms have been brought into Niue in breach of this section, or have been brought into Niue territorial waters and are intended to be brought into Niue in breach of this section, that constable or officer may seize such firearms or ammunition and detain the same.

(6) Notwithstanding subsection (1) it shall not be lawful for any person to import into Niue otherwise than in a manufactured cartridge for any firearms any dynamite, gelignite, nitroglycerine, blasting powder, or any other explosive of any nature whatever except by and on behalf of the Government of Niue.

4 Permits for possession

(1) Subject to this Act, no person shall, whether by way of purchase or in any other manner, procure possession of any firearm or ammunition otherwise than under a permit issued to him for that purpose by the Arms Officer in the form contained in Schedule 2.

(2) No person shall, whether by way of sale or in any other manner, deliver possession of any firearm or ammunition to any person other than to a person entitled to obtain the firearm or ammunition by virtue of any permit referred to in subsection (1).

(3) A permit may be issued by the Arms Officer on payment of the fee prescribed in Schedule 4.

(4) Every person who commits or attempts to commit a breach of this section is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 2 penalty units or to both such fine and imprisonment, and the burden of proving the existence and terms of any such permit as aforesaid shall be on the defendant.

(5) Every permit issued under this section shall remain in force for such period not exceeding 28 days as may be specified in the permit.

(6) Every such permit issued may be revoked by the Arms Officer at any time.

5 Sale to and possession by young persons

(1) It shall not be lawful to sell or supply any firearm or ammunition to any person apparently under the age of 18 years.

(2) No person under the age of 18 years shall use or carry or have in his possession any firearm, explosive or ammunition.

(3) Any person who commits or attempts to commit a breach of this section shall be liable to a fine not exceeding 0.5 penalty units.

6 Registration of firearms

(1) No person shall be in possession of any firearm for a period longer than 28 days unless he is registered as the owner of it under this section.

(2) Registration under this section shall be affected by paying the fee prescribed in Schedule 4 and obtaining a certificate of registration from the Arms Officer in the form contained in Schedule 3.

(3) The Arms Officer may, before issuing a certificate of registration, require the firearm to be produced for his inspection and may refuse to issue a certificate if he considers that the firearm is in an unsafe condition, and may, if he considers the firearm to be a danger to the public, confiscate such firearm.

(4) A certificate of registration may, in the discretion of the Arms Officer, include the name of any employee or of any member of the family of the owner who has attained the age of 18 years, and, notwithstanding anything to the contrary contained in this Act, any person whose name is for the time being included in a certificate as aforesaid may be given lawful possession of the firearm.

(5) Any such name may be included in a certificate of registration at any time by the Arms Officer and may, at the request of the owner, be removed at any time.

(6) Any person whose name is included in a certificate of registration under subsection (4) or subsection (5) shall for the purpose of section 7, be deemed to be registered as an owner of the firearm.

(7) (a) Every certificate of registration issued under this section shall expire on 30 June next following the issue and may be renewed by application made to a constable and on payment of the prescribed fee.

(b) Such application shall contain such particulars as may be prescribed by the Arms Officer.

(8) (a) The Arms Officer may, before renewing any certificate of registration, call on the registered owner to produce the firearm for his inspection and if he considers such firearm to be unsafe he shall seize the firearm and refuse to renew the certificate of registration.

(b) Any registered owner who fails to account for the non-possession of such firearm shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 1 penalty unit.

(9) If any certificate issued under this section is accidentally destroyed, defaced or lost the Arms Officer may, if he is satisfied as to the destruction, defacement or loss of such certificate, and upon payment of the prescribed fee issue to the person in whose name the certificate was originally granted a new certificate and endorse on it a statement reciting such destruction, defacement, or loss and such new certificate shall have the same force and effect as the original certificate.

(10) (a) Every person who commits a breach of this section is guilty of an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.

(b) In any prosecution for such an offence, if the defendant is proved to have been in possession of the firearm, the burden of proving that he was the holder of a valid certificate of registration in respect thereof for more than 28 days or that he was lawfully in possession of it under this section shall lie on the defendant.

7 Registration may be refused or existing certificate revoked

(1) No person shall be registered as the owner of any firearm who, in the opinion of the Arms Officer, is not a fit and proper person to be in possession of the firearm.

(2) If any person who is registered as the owner of any firearm is, in the opinion of the Arms Officer, not a fit and proper person to be in possession of the firearm or if, in the opinion of the Arms Officer, the firearm is unsafe, the Arms Officer may, by notice in writing under his hand, revoke the certificate of registration, and the person so registered shall on demand surrender the certificate to any constable.

(3) On the revocation of a certificate of registration under this section the person to whom the certificate was issued shall cease to be the registered owner of the firearm to which it relates, whether or not the certificate had been surrendered.

8 Unregistered firearm to be surrendered

(1) On the revocation of any certificate of registration under section 7 or on the refusal of the Arms Officer to issue a certificate of registration or on refusal of renewal of registration under an application under section 9, the owner or other person for the time being in possession of the firearm to which the certificate or application relates, shall, on demand deliver the firearm to a constable.

(2) The owner of any firearm in respect of which an application for a certificate of registration or renewal of registration has been refused may, at any time within 3 months thereafter or such longer period as the Arms Officer allows, sell or otherwise dispose of the firearm to a person approved for the purpose by the Arms Officer unless the Arms Officer considers that the weapon is unsafe, in which case he shall prohibit such sale or disposition.

(3) Subject to subsection (2), all firearms delivered to the Arms Officer under this section may be detained by him, and may, in the discretion of the Minister of Police become the property of the Government of Niue, free and discharged from all right, title, or interest possessed in respect of it by any other person.

(4) The Minister of Finance shall without further appropriation than this section pay out of the Treasury fund compensation for the value of all firearms delivered to the Arms Officer under this section and which have become the property of the Government of Niue as provided, the amount of such compensation to be agreed upon between the Minister and the owner, and in default of agreement to be determined by the Court.

(5) Every person who commits a breach of this section is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 2 penalty units.

9 Possession of unlawful weapon

(1) Except as provided in subsection (2), every person who is at any time in possession of an unlawful weapon, or of any part or parts of an unlawful weapon, or of any part or parts specially intended or adapted for use as part of an unlawful weapon, or any ammunition for an unlawful weapon, shall forthwith cause the weapon or the parts or the ammunition to be destroyed, exported from Niue or delivered to the Arms Officer.

(2) (a) The Minister of Police may, in writing authorise any person in any special case and for any special reason to have in his possession any unlawful weapon subject to such conditions as to use or custody as the Arms Officer may impose.

(b) Any such authorisation may be revoked at any time by the Minister without notice.

(3) Every person who is in possession of any weapon or parts or ammunition contrary to this section or who fails to comply with any condition imposed under subsection (2) commits an offence and shall be liable on such conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding 2 penalty units or to both.

10 Carriage or possession of arms

(1) No person shall carry or be in possession of any firearm, ammunition, explosive, or dangerous weapon except for some lawful, proper, and sufficient purpose and the burden of proving such purpose shall lie on the defendant.

(2) No person who, while under the influence of drink or drugs to such an extent as to be incapable of having proper control of the firearm, shall be in charge of any firearm.

(3) Every person who commits a breach of this section commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 2 penalty units or to both.

11 Unlawful acquisition of firearms

Every person who procures or attempts to procure or conspires to procure the possession of any firearm, ammunition or explosive by way of trespass or otherwise without lawful right or title commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 2 penalty units or to both.

12 Presenting firearms at any person

(1) Every person who except for some lawful and sufficient purpose, presents a firearm, whether loaded or unloaded, at any other person, commits an offence and shall be liable on conviction to a term of imprisonment for a term not exceeding 3 months or to a fine not exceeding 2 penalty units or to both.

(2) Every person who, except for some lawful or sufficient purpose, presents at any person anything which, in the circumstances, is likely to lead that person to believe that it is a firearm commits an offence, and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 2 penalty units or to both.

13 Careless use of a firearm

(1) Every person who causes bodily injury to or the death of any person by carelessly using a firearm commits an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding 5 penalty units, or to both.

(2) Every person who has in his charge or under his control a firearm loaded, with a cartridge or cartridges, whether in its breech, barrel, chamber or magazine, and who leaves that firearm in any place in such circumstances as to endanger the life of any person without taking reasonable precautions to avoid any such danger commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 2 penalty units or to both.

(3) It shall be no defence to the crime of manslaughter that the guilty act or omission proved against the person charged upon the indictment is an act or omission constituting an offence against this section.

(4) For the purposes of this section ‘firearm’ shall be deemed to include any firearm of the type commonly known as humane killers, or bolt or stun guns.

13A Offence to discharge firearm near residence

(1) A person must not discharge a firearm within 100 metres of a building being used as a residence.

(2) A person who fails to comply with subsection (1) is guilty of an offence and is liable on conviction to a fine not exceeding 5 penalty units or for a second or subsequent offence to a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months or both such fine and imprisonment.

(3) Subsection (1) does not apply to a constable in the execution of his or her duties.

14 Obstruction of police

Every person who obstructs a constable in the exercise of any right or search, seizure, or detention conferred by this Act commits an offence, and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 1 penalty unit or to both.

15 Arrest of offenders

Any person reasonably suspected of having committed an offence against this Act which is punishable by imprisonment may be arrested by any constable without warrant.

16 Occupier of premises deemed to be in possession of arms

For the purposes of this Act every person in occupation of any land or building on which any firearms, ammunition, or explosives are found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of those arms, ammunition, or explosives, unless he proves that they were in the possession of some other person or satisfies the court that he had no reasonable ground for believing that they were on such land or building.

17 Search of suspected persons

(1) If a constable has reasonable grounds to suspect that any person being in a public place is carrying or is in possession of any firearm, ammunition, or explosive in breach of this Act the member may without warrant search that person or any vehicle, package, or other thing there in his possession or under his control, and may detain that person for the purpose of any such search, and may seize any such firearm, ammunition, or explosive, and detain the same.

(2) If any constable has reasonable grounds to suspect that any person has in his possession or under his control in any place any firearm, ammunition or explosive, and that the person is of unsound mind, or is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the firearm, ammunition, or explosive, or may kill or do bodily injury to himself or any other person, the constable may, without warrant, search that person or place and may detain that person for the purpose of any such search, and may seize any such firearm, ammunition, or explosive and detain the same.

18 Search of land or building for arms

If the Chief Officer of Police has reason to suspect that there is in any house, building, land, vehicle, vessel, or other premises any firearms, ammunition, or explosives in respect of which any offence against this Act has been or is about to be committed or which may be evidence of any such offence, the Chief Officer of Police, or constable authorised by him in writing may enter any such house, building, land, vehicle, vessel, or premises, and either by day or by night, and search the same or any part of it, and may seize any firearms, ammunition or explosives found there, and detain the same.

19 Application to Government

Nothing in this Act shall render unlawful the importation, carriage or possession of firearms, ammunition, or explosives belonging to the Government of Niue and lawfully in the possession of any constable or any armed forces of the Government.

20 Restoration of articles seized under this Act

On application to the Court a Judge may make such order as he thinks just and expedient for the restoration of any firearms, ammunition, or explosives seized and detained in pursuance of the right of search, seizure, or detention conferred by this Act.

21 Forfeitures

When any person is convicted of using, carrying, or having in possession any arms, ammunition, or explosives in breach of this Act, the convicting Court may, as part of the conviction, order that any such arms, ammunition, or explosives shall be forfeited, and shall hereupon become forfeited to the Government of Niue accordingly, and may be disposed of in such manner as the Arms Officer directs.

22 Authorising disposal of firearms

Without limiting the operation of any other provisions of this Act as to the disposal of firearms, ammunition, or explosives seized or detained under this Act, any such firearms, ammunition, or explosives that have been detained for not less than 2 years may be disposed of in such manner as the Arms Officer may direct.

23 Persons acting under authority

No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Government of Niue, or any person lawfully acting in execution or intended execution of this Act, save only in respect of any compensation that is payable under the express provisions of this Act.

24 Regulations

(1) The Minister of Police, acting by and with the advice and consent of Cabinet may make regulations for any purpose for which regulations are contemplated by this Act and for the due administration of it.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for the following matters –

(a) Prescribing the form of permits, and certificates under this Act and the conditions and manner of their grant: Provided that unless and until regulations shall be made adding to or amending the forms of permits and certificates contained or the fees specified in the Schedules, such forms of permits and certificates contained and such fees specified shall be the forms and the fees for the several matters referred to in the Schedules;

(b) Making provision for the marking of firearms with identifying marks before the issue of certificates of registration;

(c) Applying the provisions of this Act to any class of firearm not included in this Act;

(d) Excluding any firearms from this Act;

(e) Declaring any firearm shotgun or weapon to be an unlawful weapon;

(f) Generally for any other purpose deemed by the Minister of Police to be necessary for giving effect to the full intent and purposes of this Act.

25 [Spent]

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SCHEDULES

SCHEDULE 1

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Arms Officer

SCHEDULE

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Arms Officer

SCHEDULE

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SCHEDULE 2

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Arms Officer

SCHEDULE

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SCHEDULE 3