Thread: Carrying a firearm on a public road

Originally Posted by Huntfisheat

All of which is moot if your actions scare or worry a member of the public whilst you are leaning on a road side fence post.

Not quite. The wording in the law is along the lines of “so as to frighten, worry, etc”. Which is to mean, the intent of the actions.

If you’re simply going about your business, with a just purpose for your actions and location, and some measure of care - rifle over your shoulder or in a bag, clearly pointed in a safe direction etc, you’re doing no wrong, even if some member of the public takes it upon themselves to become alarmed. The cops may still want to check in, or in the case of that poor bastard in Christchurch, throw the AOS at you, but you have broken no law still.

However if you act in a manner intended or reasonably expected to justify fear or alarm in members of the public, swinging your rifle around, pointing it etc, even if you may have a perfectly legal reason to be there with a firearm, you’re gonna be in a world of trouble.

‘So as to’ = in order to, for the purpose of, etc

Mate, best thing you can do, just wave and smile

Originally Posted by Survy

Mate, best thing you can do, just wave and smile

Sadly some ‘Karen’ would see that as some sort of threatening or aggressive gesture...

Originally Posted by Phil_H

The actual legislation states......

48Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, discharges a firearm ... etc etc

You have to have actually discharged the firearm for section 48 to apply.

A lot matters where it's at, not unusual where I live to see someone on horseback with a rifle, not a hanging offence and near to zero attention taken.

The word "near" in the legislation is a bit vague and poorly written IMO. What the hell is near? Is a gunshot 200m away near compared to 1km away? I would guess some would say one or the other if you asked them dependant on their dwelling and opinion.

I do it all the time and so do heaps of other hunters. Usually i wear a high viz vest to show im all above board and happy to be seen going about my business. Its a bit like walking a tramping track carrying your gun - kiwis expect it and its no drama if you behave responsibly honestly and dont annoy endanger or frighten.

One dark night walking back from goats hunting on a doc block i have a permit for. Grizled farmed come down the public road on his quad bike with mate on the back with one of those triple headlamps. “Howszit going” “ gidday im xx got the permit for the bush block” “gidday . See any ?” “Yep got two”. “Is that a 223 youve got there ? Pretty short.” No its xxx have a look.” (I hand it to him to check out. Bolt and ammo are in my pocket). Is see he has a short barelled something or other lying in the front tray of the bike. “Yep, nice gun alright”. Ends up i get the ok to shoot up onto the farmland behind . This is New Zealand.

do it all the time - live on a farm that has access further up the road to other paddocks, also permission to shoot pests on a neighbors up the road - have walked up into the forest up the end of the road (not worth the time though - Pirongia).

There are walking tracks at the end of our road so sometimes think someone not from the area might get a shock and complain - more so when I use to be walking up the road with an AR - never had an issue. Not uncommon to hear gun shots fairly regularly year round, duck season sounds like a warzone.

Dont overthink everything. Apply common sense and have reasonable cause and there wont be an issue. I used to park at Bealey spur in Arthurs pass and do multi days around the tops before dropping into the Waimak river and coming out by the bridge. I then had to walk from the bridge up SH73 back to the spur ( roughly 4 km's ) up a busy road. Always took the bolt and mag out and put it in my pack . You didnt have to be einstein to tell what id been up to . Had a wave from the cop one time ( also had a couple of ghastly stares from the woke left too to be fair ) .

Originally Posted by Phil_H

Did he annoy or frighten me???........F**K YES. Here I am sitting quietly watching Coro Street having a beer and sudden this large calibre rifle goes off 40 meters away. Shit.....I would be worried.


Phil

you've opened a whole other can of worms here Phil....by admitting you watch Coro I'm no longer sure you meet the "fit and proper" criteria I'll pop round this afternoon to uplift your firearms and keep them safe until you have come to your senses

My understanding is that as long as you have some sense of reasonable purpose, you can carry a rifle in public. If you buy a rifle and carry it home as is on the bus (or walk, or whatever), legally you can do that.

Whether you'd want to, of course, depends on you.