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Question Details: My friend has been released on bail, until a court hearing next year. One of the conditions of his bail was that his firearms were to be removed from his property. This consisted of a couple of rifles, and a shotgun.Does he/we have the right to request them back, to be kept and secured at my property? I have a firearms licence and am not involved in the matter he was released on bail for, nor have any criminal or civil convictions.
If so, what process is involved?
Filed under Criminal Law | 1637 View(s)
Community Law Wellington & Hutt Valley
This will depend on the conditions of your friend's bail.
If the bail conditions state that the firearms are to be confiscated by the Police, you won't be able to store the firearms at your house.
If the bail conditions state that the firearms are simply to be removed from your friend's property, you may be able to store them at your house. You and your friend could get in touch with whoever took the firearms (probably either the Police or Corrections), point out that you have a firearms licence, and ask if you can store your friend's firearms on your property.
This assumes you have the licence and storage facilities required to look after your friend's particular rifles and shotgun. You can read about these requirements by clicking here: www.police.govt.nz
The answer may well be no, given that there is no apparent reason for the firearms to be held by you rather than by whoever confiscated them. If the reason for the condition is to keep your friend away from firearms, the firearms should probably not be looked after by a friend.
Your friend could talk to a lawyer if he wants to consider getting the bail conditions changed.
Answered 9 Oct 2012. The IMPORTANT NOTICE below is part of this answer.
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