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  1. #1
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    The New Zealand Firearms act Legislation in its full format

    Posted as an information circular for those interested in the new laws in New Zealand . This came to my attention yesterday as i am a Curator employed in the Military Museum world. There has been some discussion in our orbit about Artifact Firearms that may be turned into NZ Police, and if Police to Museum transfers can be established. So, with that in mind, and having a copy, i thought id post it for all to read.

    cheers

    Nick

    [/I]
    Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill
    Government Bill

    125—1

    Explanatory note
    General policy statement
    Purpose

    This Bill amends the Arms Act 1983 (the Act), with the aim of tightening gun control to increase the safety and security of New Zealanders by reducing the risk of death or injury from guns. The Bill recognizes the extreme harm that results from the misuse of semi-automatic firearms.
    The Bill seeks to remove semi-automatic firearms from circulation and use by the general population in New Zealand. The Bill achieves this by prohibiting semi-automatic firearms, magazines, and parts that can be used to assemble prohibited firearms.

    The prohibition will include the existing category of semi-automatic firearms defined as Military Style Semi-Automatics (MSSAs), which are already subject to greater licensing controls under the Act compared with other types of firearms. The prohibition will extend beyond MSSAs to include most semi-automatic firearms, and some shotguns. Some small-calibre rimfire semi-automatic firearms and lesser-capacity shotguns are excluded from the prohibition. Those excluded firearms are commonly used in the farming, hunting, and recreational communities, and have a limited magazine capacity.

    A small number of firearms licence holders are permitted under the Bill to import, sell, supply, and possess semi-automatic firearms and other items for genuine and justifiable reasons. They will need to apply to the Police to obtain the necessary approvals in order to qualify for the exemptions.
    The Bill inserts new provisions to provide a general prohibition on importing, selling, supplying, or possessing any of the following:
    a semi-automatic firearm (other than a pistol), with some exceptions:

    a pump-action shotgun that is capable of being used with a detachable magazine:aa pump-action shotgun that has a non-detachable tubular magazine or magazines that can hold more than 5 cartridges or magazines:

    magazines for shotguns that can hold more than 5 cartridges:

    magazines for any other firearm that are detachable and can hold—

    0.22 calibre or less rimfire cartridges and more than 10 of those cartridges; or

    more than 10 cartridges and can be used with a semi-automatic or fully automatic firearm:

    any other magazine that can hold more than 10 cartridges:

    a part of a prohibited firearm, including a component, that can be applied to enable, or take significant steps towards enabling, a firearm to be fired with, or near, a semi-automatic action.

    Exemptions to import, sell, supply, and possess semi-automatic firearms
    The Bill inserts new provisions to provide narrow exemptions for the following:
    licensed dealers:

    people employed or engaged by the Department of Conservation to lawfully kill or hunt wild animals or animal pests, or people who hold a concession granted by the Minister of Conservation to lawfully undertake wild animal recovery operations:

    people employed or engaged by a management agency to lawfully kill or hunt wild animals or animal pests in accordance with the Biosecurity Act 1993:
    bona fide collectors of firearms:

    directors or curators of bona fide museums:

    approved broadcasters, bona fide theatre companies or societies, or film or television production companies.

    The Bill provides that only a person in one of the exempted categories can possess a prohibited item. An exempt person can take a prohibited item into their possession only if they have a permit to import it or a permit to possess it, and, if a prohibited item is not imported, only if it has come from either a licensed dealer or a licence holder who has an endorsement permitting them to possess a prohibited item. An exception is made if a licensed dealer who receives a prohibited firearm from a member of the public immediately hands the prohibited item in to the Police.

    The Bill provides that only a person in one of the exempted categories can sell a prohibited item, and only to a person who has an endorsement on their licence permitting them to possess a prohibited item, or a permit to possess that prohibited item.
    The Bill provides that a permit is required to import a prohibited item. To obtain a permit there must be special reasons why the item should be allowed into New Zealand, and, for licensed dealers, the licensed dealer must be acting for a licence holder who has an endorsement allowing the licence holder to possess a prohibited item and a permit to possess it.

    Amnesties for return of prohibited items and all firearms

    To allow prohibited items to be removed safely from the community, the Bill provides an amnesty for prohibited firearms, magazines, and parts to be surrendered to licensed dealers and the Police by 30 September 2019.
    The existing amnesty provision for licensed dealers in the Act is also expanded from pistols and restricted weapons to cover any prohibited firearms that they receive. The amnesty is necessary to help ensure that prohibited items are removed safely from the community, not only from current licensed firearms owners, but also from individuals who have inadvertently come into the possession of a prohibited item and want to relinquish the item in good faith.
    The amnesty will also allow time for those gun licensees who are in the exempted categories to apply, if they wish to, for the necessary endorsement and permits for any of their existing firearms that are prohibited firearms.

    A new type of ongoing amnesty is also provided for in the Bill, to cover all types of firearms, to encourage the return of unlicensed and unwanted firearms and reduce the circulation of firearms in communities. The Bill affirms that where non-prohibited firearms are handed in under the new general amnesty, the Police have discretion not to prosecute if the offence is considered to be one of possession only and there is no public interest in prosecution.
    Enforcement

    The Bill contains a number of new offences, and penalties ranging from 2 to 10 years’ imprisonment, to support the effect and seriousness of the prohibitions. These include the following:

    unlawful possession of prohibited firearms, magazines, and parts:

    using or intending to use a prohibited firearm to resist arrest or commit offence:
    unlawful possession of a prohibited firearm in a public place:

    presenting a prohibited firearm at another person:

    possession of a prohibited firearm while committing any offence that has a penalty of imprisonment for 3 years or more:

    carrying a prohibited firearm with criminal intent:

    importing prohibited items without a permit:

    knowingly supplying or selling a prohibited firearm to person who does not hold a permit to import or possess one:

    using a prohibited part to assemble or convert a firearm into a prohibited firearm:

    knowingly supplying or selling a prohibited part.

    Commencement

    The Bill will come into force on the day after Royal assent. It revokes the Arms (Military Style Semi-automatic Firearms) Order 2019, which was made to immediately restrict the possession of particular semi-automatic firearms by declaring them to be MSSAs.
    Departmental disclosure statement

    Police are required to prepare a disclosure statement to assist with the scrutiny of this Bill. It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

    A copy of the statement can be found at http://legislation.govt.nz/disclosur...ar=2019&no=125
    Regulatory impact assessments
    Police produced a regulatory impact assessment on 1 April 2019 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
    Copies of these regulatory impact assessments can be found at—
    https://www.police.govt.nz/about-us/...ions/corporate
    http://www.treasury.govt.nz/publicat...onreleases/ria
    Clause by clause analysis
    Clause 1 is the Title clause.
    Clause 2 is the commencement clause. It provides that the Bill comes into force on the day after the date on which it receives the Royal assent.
    Clause 3 provides that the Bill amends the Arms Act 1983 (the principal Act).
    Part 1
    Amendments to principal Act
    Part 1 (clauses 4 to 68) amends the provisions of the principal Act to delete references to military style semi-automatic firearms, amend offences to cover prohibited firearms, prohibited magazines, prohibited parts, and prohibited ammunition (as appropriate), and to provide for the import, sale, supply, and possession of prohibited items by exempt persons.
    Clause 4 amends section 2, which defines terms used in the principal Act. The amendments—
    repeal the definition of military style semi-automatic firearm and amend other definitions to delete references to those firearms:
    replace the definition of part:
    insert cross-references to the new definitions of prohibited firearm, prohibited magazine, prohibited part, and prohibited ammunition as set out in new sections 2A to 2D.

    Clause 5 inserts new sections 2A to 2D, which define the terms prohibited firearm, prohibited magazine, prohibited part, and prohibited ammunition.
    Clause 6 amends section 3(2), which provides that nothing in the Act renders unlawful the carriage or possession of firearms, airguns, pistols, restricted weapons, ammunition, or explosives by certain officers of the Crown. The amendment expands the provision to cover the carriage or possession of prohibited magazines and prohibited parts by those persons.

    Clause 7 inserts new section 3A, which relates to the transitional, savings, and related provisions set out in new Schedule 1 (as set out in Schedule 1 of the Bill). New Schedule 1 clarifies that current endorsements for MSSAs are not valid for prohibited firearms, but also provides an amnesty for all those who lawfully possess a prohibited item. The amnesty is until 30 September 2019 or any later date set by Order in Council.
    Clause 8 inserts new section 4A, which lists the class of persons (exempt persons) who may import, sell, supply, and possess prohibited items in accordance with the principal Act in their capacity as an exempt person.

    Clauses 9 to 15 amend the provisions in the principal Act relating to licensed dealers to insert references to prohibited items that licensed dealers may possess and to prohibit the manufacture of prohibited items under a dealer’s licence.

    Clauses 16 to 22 amend the provisions in the principal Act relating to the importation of firearms, starting pistols, military style self-automatic firearms, restricted airguns, and restricted weapons. References in those provisions to a military style semi-automatic firearm are replaced with references to a prohibited item. It will be an offence, punishable by imprisonment for a term not exceeding 5 years, to import into New Zealand without a permit a prohibited item. The Police will have the burden of proving the commission of this offence. It will also be an offence, punishable by imprisonment for a term not exceeding 5 years, to import into New Zealand prohibited ammunition.

    Clause 23 amends section 20 of the principal Act to provide that holding a firearms licence does not entitle a person to possess a prohibited item.
    Clause 24 amends section 22 of the principal Act so that the defence provisions for a prosecution against section 20 do not apply to the possession of a prohibited firearm.

    Clauses 25 to 33 amend the provisions in the principal Act relating to endorsements. Currently an endorsement is required to a firearms licence to enable the licence holder to possess any pistol, restricted weapon, or military style semi-automatic firearm. The amendments replace the references to a military style semi-automatic firearm with references to a prohibited firearm and prohibited magazine. Before making an endorsement, a member of the Police must be satisfied that the applicant is a fit and proper person to be in possession of a prohibited firearm or prohibited magazine, and that it is necessary for the applicant, in their capacity as an exempt person, to have possession of the prohibited firearm or prohibited magazine. Additional criteria apply in respect of exempt persons described in new section 4A(d) to (g). Endorsements are subject to conditions, including that the holder of the firearms licence must possess and use the prohibited firearm or prohibited magazine solely in their capacity as an exempt person.

    Clauses 34 to 36 relate to permits to possess a pistol, restricted weapon, or military style semi-automatic firearm. References to a military style semi-automatic firearm are removed from section 35 of the principal Act and a new section 35A is inserted dealing specifically with the issue of a permit to possess a specific prohibited firearm or prohibited magazine. The permit requirements for possessing a prohibited firearm or prohibited magazine are the same as those that currently apply for a military style semi-automatic firearm. A person will need to either have a dealer’s licence or have an endorsement on their firearms licence authorising possession of that category of prohibited item. In either case, the person will also need a permit to possess the specific prohibited firearm or prohibited magazine.

    In section 35, references to “procure” are replaced with “possess” and that term is used in new section 35A. This is to ensure that a permit to possess is required in any case where a prohibited firearm is obtained by converting a non-prohibited firearm, as well as obtaining by any other means. The permit to possess must be valid at the time the person obtained or converts the firearm.

    Clauses 37 to 40 amend sections 38 to 40 of the principal Act to replace references to a military style semi-automatic firearm with references to a prohibited item or prohibited magazine, and ensure that the owners of all prohibited items are subject to the same obligations as owners of other firearms. These obligations relate to giving notice of an intention to remove a firearm out of New Zealand, or of loss, theft or destruction of a firearm. A person in possession of a firearm or prohibited item is also required, upon request from the Police, to provide their name, address, and date of birth.

    Clauses 41 to 57 amend the offence provisions in the principal Act to remove references to a military style semi-automatic firearm and to ensure that all current offences in relation to these firearms will now apply in relation to prohibited firearms and prohibited magazines.

    Some of the penalties for offences relating to prohibited firearms and prohibited magazines are more severe than for other firearms and restricted weapons. The penalty for the following offences is a term of imprisonment not exceeding 7 years:

    unlawful carriage or possession in a public place of a prohibited firearm (and also a restricted weapon):

    presenting a prohibited firearm at another person:
    using or attempting to use a prohibited firearm to commit an offence:
    carrying a prohibited firearm with criminal intent.
    The penalty for using or attempting to use a prohibited firearm with intent to resist or prevent arrest is 10 years (new section 53A).

    Eight new offences are inserted, as follows:

    new section 16(4) provides that it is an offence to import prohibited firearms, prohibited magazines, and prohibited parts without a permit (punishable by imprisonment for a term not exceeding 5 years):

    new section 43AA provides that it is an offence to possess, sell, or supply prohibited ammunition (punishable by imprisonment for a term not exceeding 5 years):
    new sections 44A and 44B provide that it is an offence to knowingly supply or sell a prohibited item to a person who does not hold a permit to import or a permit to possess (punishable by imprisonment for a term not exceeding 5 years for a prohibited firearm or prohibited magazine, or 2 years for a prohibited part):
    new section 50A provides that it is an offence to unlawfully possess a prohibited firearm (punishable by imprisonment for a term not exceeding 5 years):
    new section 50B provides that it is an offence to unlawfully possess a prohibited magazine (punishable by imprisonment for a term not exceeding 2 years):
    new section 50C provides that it is an offence to unlawfully possess a prohibited part (punishable by imprisonment for a term not exceeding 2 years):
    new section 55A provides that it is an offence to assemble a prohibited firearm or to convert a firearm into a prohibited firearm (punishable by imprisonment for a term not exceeding 5 years):

    new section 55B provides that it is an offence to fail to produce a pistol, restricted weapon, prohibited firearm, or prohibited magazine if requested by a member of the Police, or to fail to permit an inspection of it, or of the place where it is kept (punishable by imprisonment for a term not exceeding 3 months, or a fine not exceeding $1,000, or both).
    Clause 58 inserts new sections 59A and 59B to facilitate the surrender of pistols, prohibited items, and restricted weapons by licensed dealers and to affirm the discretion by Police not to prosecute for possession if there is no public interest in doing so.
    Clause 59 amends section 62 of the principal Act to afford appeal rights in respect of a refusal to issue a permit to possess a prohibited item, or a decision to impose any condition on a permit to possess.

    Clauses 60 to 63 amend miscellaneous provisions (sections 65, 66, 69, and 70) of the principal Act to capture prohibited magazines and prohibited parts as well as prohibited firearms. Those sections include provisions relating to the forfeiture of articles seized, and the disposal of items detained by the Police.
    Clause 64 amends section 73 to enable carriers and persons who seize articles to have possession of a prohibited magazine or prohibited part.
    Clause 65 amends section 74, which empowers the making of regulations, to insert references to prohibited items and to provide other supporting regulation-making powers on the secure storage of vital parts of prohibited firearms or restricted weapons, and to allow for conditions on possession and use to be set for the purposes of the amnesty.

    Clause 66 replaces sections 74 and 74B, which are regulation-making powers relating to MSSAs. New section 74A authorises an Order in Council to be made on the recommendation of the Minister of Police amending the definitions of prohibited firearm and prohibited magazine in new sections 2A and 2B and declaring other firearms, magazines, and ammunition to be prohibited firearms, prohibited magazines, and prohibited ammunition for the purposes of the Act. New section 74B provides that an Order in Council made under new section 74A is a confirmable instrument, which means that the order will be revoked at the stated time unless it is confirmed by an Act of Parliament.

    Clauses 67 and 68 repeal section 77 and the Schedule of the principal Act, which are spent.

    Part 2
    Consequential amendments and revocation
    Part 2 (clauses 69 to 71) makes consequential amendments to other enactments and the Arms Regulations 1992. It also consequentially revokes the Arms (Military Style Semi-automatic Firearms) Order 20

  2. #2
    Senior Member play.soccer's Avatar
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    You see that fudds? PUMP ACTIONS.
    The truth will set you reeeeeeeee!
    Canada 2019 - It's gonna be a riot.

  3. The Following User Liked This Post By play.soccer

    firemachine69 (04-11-2019)

  4. #3
    Senior Member 3MTA3's Avatar
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    Firearms Users that Don't Defend other firearm users Suck?
    "If liberty means anything at all, it means the right to tell people what they do not want to hear." - George Orwell

    Trudeau Out Now!!!

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    ESnel (04-14-2019), firemachine69 (04-15-2019), LB303 (04-13-2019)

  6. #4
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    New Zealand had a long gun registry at one time too. They dumped it as being costly and ineffective long before The Chretien Gang enacted the FA. Happens with a Socialist government.

  7. #5
    Junior Member Scoutertracker's Avatar
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    This legislation is comprehensive enough and the process happened rapidly enough that I'm fairly certain the current Labour government had this legislation, at least in draft form, prepared and waiting for the right opportunity.

  8. #6
    Senior Member labradort's Avatar
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    I wish they could take the ':' key away from the computer used to make these laws and then write it down again. I can't understand stuff written in this style.

    Here is an example of how they write it:

    Turning right is legal on a red light if yielding to oncoming unobliterated traffic of other licensed motor vehicles, or:
    bicycles and pedestrians.

  9. #7
    Senior Member Grimlock's Avatar
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    Quote Originally Posted by Scoutertracker View Post
    This legislation is comprehensive enough and the process happened rapidly enough that I'm fairly certain the current Labour government had this legislation, at least in draft form, prepared and waiting for the right opportunity.
    Just like Australia, it was provided for them, and by the same person.

  10. #8
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    Quote Originally Posted by Grimlock View Post
    Just like Australia, it was provided for them, and by the same person.
    Yep, the classification and terminology is a Windy Wendy and Allan Rock special.

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