68Procedure for seized firearms

### 68 Procedure for seized firearms > [*\[Section 68 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja12@GC2@EN) > > > (1)  This section applies if – > > > > > > (a) a police officer reasonably suspects that a person in possession of a firearm is committing an offence under [section 14B](#GS14B@EN) ; and > > > > > > > (b) seizes that firearm under [section 14B(5)](#GS14B@Gs5@EN) . > > > (2)  The Commissioner is to hold the seized firearm in safe custody pending a decision as to whether or not to prosecute the person for the offence. > > > (3)  If the Commissioner is satisfied that the person was in lawful possession of the firearm when it was seized, the following provisions apply: > > > > > > (a) if the person is prosecuted, the firearm is, subject to any orders of the court, to be held pending the outcome of the proceedings and may be used in evidence; > > > > > > > (b) if the person is prosecuted but is not convicted, or the person is convicted but the court does not make an order under [section 14B(2B)](#GS14B@Gs2B@EN) , the firearm is to be – > > > > > > > > > > (i) returned to the person at the conclusion of the proceedings if at that time the firearm is registered and the person is still entitled to possess it; or > > > > > > > > > > > (ii) [*\[Section 68 Subsection (3) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS55@Hpa@EN) in any other case, disposed of as the Commissioner determines; > > > > > > > (c) if the person is not or can no longer be prosecuted, the firearm is to be – > > > > > > > > > > (i) returned to the person if at the relevant time the firearm is registered and the person is still entitled to possess it; or > > > > > > > > > > > (ii) [*\[Section 68 Subsection (3) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS55@Hpb@EN) in any other case, disposed of as the Commissioner determines; > > > > > > > (d) [*\[Section 68 Subsection (3) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS55@Hpc@EN) if for any reason it proves impossible or impracticable to return the firearm as required by [paragraph (b)(i)](#GS68@Gs3@Hpb@Hqi@EN) or [paragraph (c)(i)](#GS68@Gs3@Hpc@Hqi@EN) , the firearm may be disposed of as the Commissioner determines. > > > (4)  If the Commissioner is satisfied that the person was not in lawful possession of the firearm when it was seized, the following provisions apply: > > > > > > (a) if the person is prosecuted, the firearm is, subject to any orders of the court, to be held pending the outcome of the proceedings and may be used in evidence; > > > > > > > (b) if the person is prosecuted for the offence but is not convicted, or the person is convicted but the court does not make an order under [section 14B(2B)](#GS14B@Gs2B@EN) , the Commissioner is to – > > > > > > > > > > (i) pass the firearm, if it is registered, to any claimant who can establish ownership of it and an entitlement to possess it under the [Firearms Act 1996](/view/html/inforce/2026-04-12/act-1996-023) ; or > > > > > > > > > > > (ii) [*\[Section 68 Subsection (4) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS55@Hpd@EN) in any other case, dispose of the firearm as the Commissioner determines; > > > > > > > (c) if the person is not, or can no longer be, prosecuted for the offence, the Commissioner is to – > > > > > > > > > > (i) pass the firearm, if at the relevant time it is registered, to any claimant who can establish ownership of it and an entitlement to possess it under the [Firearms Act 1996](/view/html/inforce/2026-04-12/act-1996-023) ; or > > > > > > > > > > > (ii) [*\[Section 68 Subsection (4) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS55@Hpe@EN) in any other case, dispose of the firearm as the Commissioner determines. > > > (5)  Nothing in this section is to be taken as derogating from the powers that a court, police officer or other person may lawfully exercise over the seized firearm with regard to other offences, or crimes, involving that firearm.