Source: Radio New Zealand
Explainer – How will firearms proposals change access to guns in New Zealand? Here’s what you need to know.
New Zealand is planning its biggest overhaul of gun regulations in more than 40 years.
The proposal announced last week would repeal and replace the 1983 Arms Act in legislation Associate Justice Minister (Firearms) Nicole McKee said would be “written in plain English, structured logically and with public safety at its core.”
Among the changes are a new firearms regulator removing police from oversight duties, tough restrictions for gang members and a host of new penalties and offences being introduced.
Here’s a round-up of the changes being proposed.
What changes are being made to gun laws?
A new specialist firearms regulatory agency will be created, replacing the current Firearms Safety Authority now operated by police. It’ll be headed by an independent chief executive appointed by the governor-general. That chief executive would report solely to the firearms minister, currently McKee. The new regulator will sit within police but without sworn police officers involved.
“There will be no blue shirts in the Firearms Safety Authority,” McKee said, referring to police uniforms.
A new Firearms Licensing Review Committee will also be created, which McKee called “essential for ensuring there is trust in the licencing system, improving compliance, and ensuring applicants or firearms owners renewing their licence are treated fairly.”
Being a gang member will now automatically disqualify anyone from holding a firearms licence.
A new ‘red flag’ system will be established to clarify information sharing so police and other agencies can review whether a legal firearms owner “remains a fit and proper person”.
There will be more flexibility around gun storage, which currently is allowed only at a firearms owner’s “primary place of residence”, but now will be allowed at any premises approved by the regulator.
There will also be multiple new penalties and new firearms offences introduced.
Firearms seized in Auckland. Supplied / NZ Police
So what are the new firearms offences?
Penalties for more than 60 Arms Act offences will be increased, McKee said, and eight new offences will be created.
It would become an offence for failure to notify the regulator of a lost or stolen licence, unsafe storage of firearms, possession of firearms with intentionally removed serial numbers, possession of files or blueprints with the intent to unlawfully manufacture arms items, intentional diversion of firearms, manufacturing ammunition without a licence, not providing locations of a restricted firearm for pest controllers with multi-user agreements, or a business licence holder failing to provide information to the arms regulator about changes of staff.
The “files and blueprints” offence is aimed to plug a gap in the rise of 3D-printed “ghost guns” where people now have the ability to simply make their own weapons.
Police will no longer be part of the firearms regulatory agency. RNZ / Angus Dreaver
Why are these changes being made?
The Arms Act 1983 is more than 40 years old, and has been modified many times.
McKee has said it leaves “a complex, confusing and bureaucratic patchwork” and that the new law will make compliance easier for firearm owners “through sensible changes that reduce regulatory burdens.”
The new bill – which is still being drafted – will define gun laws in New Zealand.
Last year, Prime Minister Christopher Luxon said, “We are going to rewrite the Arms Act because it’s an outdated piece of legislation, it’s an old piece of legislation.”
Luxon also said then there would be “no new guns added into New Zealand”.
Many military-style firearms were restricted after the 2019 attack in Christchurch. AFP
Are semi-automatic weapons being brought back?
No.
After the 15 March 2019 terror attacks, a ban on semi-automatic weapons was introduced.
Regulations around those high-powered military-style firearms won’t be relaxed, despite fears that McKee would seek a change.
There are no changes to the limited number of people who can legally hold those guns – ‘endorsed’ pest controllers and collectors.
Collectors who own prohibited firearms will have the option of storing vital parts of a gun (that when removed, disables it) at the address of any licensed firearm owner, not just someone who has the same endorsement.
McKee’s ACT party, which also opposed the 2019 changes, invoked the “agree to disagree” clause in the coalition agreement with National and New Zealand First over ongoing restrictions on semi-automatic firearms.
McKee has also opposed the firearms registry implemented after the attacks, but it will remain. However, the reform proposal would tighten the amount of data allowed to be gathered for the register beyond what is explicitly required.
McKee said on social media that “ACT faced a choice on firearms: die in a ditch over the registry and semi autos and get no improvements at all – or take 95 percent of the win, fix a broken law, and lay the foundation for future change.”
Police Minster Mark Mitchell has told RNZ that National did not want to widen access to semi-automatic guns, even for competitive shooting.
“It is a public safety issue and we don’t see that there needs to be a wider or a broader availability around military-style semi-automatic weapons.”
Associate Justice Minister Nicole McKee. RNZ / Samuel Rillstone
Wasn’t Nicole McKee involved with the gun industry?
Yes. The firearms minister entered politics to advocate for firearms users and was a critic of the gun laws passed after the March 15 attacks.
“Five years ago, I put my hand up for Parliament because I was tired of seeing responsible, law-abiding New Zealanders treated as the problem,” McKee said in a statement on the ACT party website.
A New Zealand shooting champion, before politics she ran her own gun safety education business, was coordinator of the nation’s volunteer firearms safety instructors for the Mountain Safety Council and the spokesperson for the Council of Licenced Firearms Owners.
“ACT respects the vital role of licenced firearms owners, hunters, and shooting sports enthusiasts in New Zealand’s culture, economy, and conservation efforts,” McKee has said. “Hunting and shooting are legitimate pastimes, essential pest-control tools, and part of our rural way of life – and we’ll always back you.”
What do gun control advocates think?
Gun Control co-founder Philippa Yasbek earlier told RNZ that the effective ban on military-style semi-automatic firearms wasn’t being touched was a relief.
“McKee has built her entire political career on wanting to get rid of the registry and bring back semi-automatic firearms and she’s basically failed on both of those goals.
“So this is quite a big relief and I don’t think there’s any chance of her ever managing to change it again. Souffles don’t rise twice.”
What about gun users?
Council of Licenced Firearms Owners spokesperson Hugh Devereux-Mack said it was disappointing the effective ban on semi-automatics remained intact, though he backed the minister’s efforts.
“When it comes to semi-automatics, we can understand that there’s no need for the wider New Zealand firearms community to have those but some exceptions for competitive sport shooters or individuals who use firearms for pest control but are not professionals…would be very helpful.”
Fish & Game New Zealand called the changes “pragmatic and sensible.”
“We’re pleased to see the government taking a balanced approach to firearms regulation that recognises the long-standing traditions around hunting and food gathering that many New Zealanders undertake,” said Fish & Game Chief Executive Corina Jordan.
What’s next?
The draft bill could be introduced by year’s end. Once submitted, the bill will go through a six-month select committee process where the public will be allowed to have their say about the changes.
After that process and possible revisions it would be considered by Parliament.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand