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Thread: Buying Ammo

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  1. #25
    A Better Lover Than A Shooter Ultimitsu's Avatar
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    Dec 2015
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    the entirety of the section says this:

    Section 43(3)(a): amended, on 1 November 1992, by section 20(b) of the Arms Amendment Act 1992 (1992 No 95).

    43A Mail order sale of firearm or ammunition
    (1)
    Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who sells by mail order a firearm or any ammunition for a firearm or restricted weapon otherwise than pursuant to a written order—
    (a)
    signed by the purchaser; and
    (b)
    bearing an endorsement signed by a member of the Police and stating that the member of the Police—
    (i)
    has inspected the purchaser’s firearms licence; and
    (ii)
    is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition.
    (2)
    Nothing in this section applies in relation to—
    (a)
    any pistol, restricted weapon, or military style semi-automatic firearm; or
    (b)
    any ammunition for a firearm to which paragraph (a) or paragraph (b) or paragraph (c) of section 22(1) applies.
    Section 43A: inserted, on 1 November 1992, by section 21 of the Arms Amendment Act 1992 (1992 No 95).

    Section 43A(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    43B Restriction on sales of ammunition
    (1)
    Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who sells or supplies ammunition for any firearm or restricted weapon to a person who is not—
    (a)
    the holder of a firearms licence; or
    (b)
    a licensed dealer.
    (2)
    In any prosecution for an offence against subsection (1) in which it is proved that the defendant sold or supplied ammunition for a firearm or restricted weapon to any person, the burden of proving that that person was—
    (a)
    the holder of a firearms licence; or
    (b)
    a licensed dealer,—
    shall lie on the defendant.

    (3)
    It is a good defence to a prosecution for an offence against subsection (1) if the defendant proves—
    (a)
    that the ammunition was supplied to a person for use under the immediate supervision of the holder of a firearms licence; and
    (b)
    that at all times while the person to whom the ammunition was supplied was in possession of the ammunition, that person was under the immediate supervision of the holder of a firearms licence.
    (4)
    A defendant may, in the case of a prosecution for an offence against subsection (1), discharge the burden of proof placed on the defendant by subsection (2) by proving that the defendant took reasonable steps to ascertain whether the person to whom the ammunition was sold or supplied was—
    (a)
    the holder of a firearms licence; or
    (b)
    a licensed dealer.
    (5)
    Nothing in this section applies in relation to any ammunition for a firearm to which paragraph (a) or paragraph (b) or paragraph (c) of section 22(1) applies.

    So, in event of an alleged breach, the onus is on the shop to prove the purchaser was a licence holder, and if the shop did take reasonable steps to ensure the purchaser was licensed then it is OK.

    Insofar as complying with the law, I do not see any better way to ask the purchaser to produce the license.

 

 

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