http://www.police.govt.nz
Firearms Information Sheet
No 2001/08 - Airguns: Paintball Markers
Paintball Airguns are not toys! Airguns are defined in the Arms Act 1983 as any air rifle, any air pistol and any weapon from which, by the
use of gas or compressed air (and not by force of explosive) any shot, bullet, missile or other projectile can be discharged.
This section is pretty clear. Paintball markers come under the classification of airguns. While there are several items exempt from the airgun category (stock markers, nailguns, etc) which can be described by the above statement, the NZ Police insist that a paintball marker is an airgun.
OWNERSHIP
You need a firearms licence to possess or use a paintball airgun if aged between 16 and 18 years of age. Otherwise a person under 18
year of age can only use one under IMMEDIATE SUPERVISION of a firearms licence holder or a person over 18 years of age. “Immediate
supervision” means that the older person is within reach and in control of the person using the airgun. The person providing the
supervision cannot be in possession or control of another firearm or airgun. People over 18 years of age do not need a firearm licence to
use or possess an airgun.
The upshot of this is that NZ Paintball could potentially lose a substantial number of younger players, and field operators need to be careful regarding who they allow to play, and how those people are treated on-field. It is not necessarily an insurmountable problem, however.
IMPORTATION & SALE
No licences or permits are required to import a paintball airgun, so long as you are legally entitled to own an airgun.
If you are selling a paintball airgun by way of business, then a Firearm Dealers licence issued under Section 5 of the Arms Act 1983 is
required. If you are selling a paintball airgun, but not by way of business (for example a second hand piece of equipment) then you will not
require a Firearms Dealers licence.
It is an offence to supply or sell a paintball airgun to an unlicensed person under the age of 18 years. The penalties for doing so is up to 3
months in prison or a $1,000 fine, or both. This offence could arise from an adult buying a paintball airgun and giving it to a child for a gift.
Again, pretty clear. If you are a retailer selling a paintball marker, you will need a dealers license. If you are a parent who buys a paintball marker for a child, you are also pottentially committing an offence. After checking with a lawyer, the following statement was made: "If you are a retailer who sells to an adult, in the full knowledge that the adult will then provide the marker to an unlicensed person under the age of 18 years, you may also be committing an offence. If you are just selling to the adult, and have no idea that this adult will then pass the paintball gun onto an unlicensed person under the age of 18 years, you are not at fault."
FIRING MODES
Paintball airguns come in a variety of forms, and have a variety of firing modes. Firing modes that are acceptable (retaining the
classification of airguns) include pump-action and semi-automatic. The firing mode that is not acceptable (therefore not having the
classification of airguns) is fully automatic. Fully automatic paintball airguns are classified as restricted weapons.
The Police have warned people who own fully automatic paintball air guns that they are breaking the law unless they have a firearms
licence with a Restricted Weapons endorsement. Although the guns are only air powered, their firing mechanism means they are restricted
weapons.
If owners modify their weapons to make them semi-automatic, they would not need to take further action – but if the weapon remains fully
automatic, then it is a Restricted Weapon, which means they have to get a firearms licence with a special endorsement and have secure
storage facilities. The Police warning followed a recent Appeal Court ruling that fully automatic airguns are restricted weapons as defined
in the Arms Act 1983.
It should be noted here that fully automatic includes bursts of 2 or more shots per trigger pull, which means that turbo boards and trembler switches can mean that your marker is considered a restricted weapon. If you own a paintball marker that is fully automatic in this manner, you are urged to immediately render it incapable of doing so. In many cases, the manufacturer will be able to tell you how to do this.
MAGAZINE CAPACITY
Paintball airguns use a gravity feed system, with a magazine (known as a hopper) mounted on top of the airgun. There are no limits on the
number of paintballs these hoppers can hold, as paintball airguns are classified as airguns and not firearms.
MISUSE OF AN AIRGUN
Do not misuse your paintball airgun. This can incur heavy penalties. Discharging a paintball airgun so as to endanger property, annoy or
frighten any person is an offence that is punishable by a fine of up to $3,000 or up to 3 months in prison, or both. Unlawfully pointing a
paintball airgun at any person (outside of a paintball game situation) has a similar penalty.
It is very easy to frighten someone with a paintball marker if you're not careful. It is advisable not to use the things in your back yard. If you're going to be seen carrying a paintball marker around the house or to and from your car, etc, then it might be advisable to let your neighbours know in advance so that they don't jump to incorrect conclusions. Don't forget that even a brightly coloured tournament paintball marker can look like a real firearm to someone who is not familiar with paintball.
PAINTMARKER GAMES
Organised games and competition are available in New Zealand, usually at commercial game fields. The operators of these fields adhere
to a voluntary code of practise, including the application of strict safety measures. More information is available from the New Zealand
Paintball Players Association Incorporated, who can be contacted via Martin Dannefaerd, E-mail: martin@extremepaintball.co.nz
While all of the above can be restrictive in relation to the people that can play paintball without supervision, or to whom paintball markers can be sold, the overall effect is quite positive. The NZ Police appear to have accepted paintball in the spirit in which we have intended...that it is a sport requiring certain kinds of equipment. We simply have to follow many of the same kinds of rules that are followed by other sports that use firearms or airguns.
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