Arms Control in New Zealand Law, Policy and Practice Inspector Joe Green NZ Police October 2007

Purpose of Arms Act 1983 ‘To promote both the safe use and control of firearms’

Law, policy and practice – the fit Arms Act 1983; ‘direction of the Commissioner’ - makes it important to include Police policy as part of the overall New Zealand arms control regime (includes case law). Arms Regulations 1992 – more prescriptive than the Arms Act. Arms (Restricted Weapons and Specially Dangerous Airguns) Order Arms Manual (2002) – directs Police practice. Arms Code (2007) – safety manual.

Fit & Proper Person Firearms control in NZ is predicated on a person being ‘fit and proper’ to possess firearms. ‘Fit and proper’ is not further defined in the Arms Act. It is determined by a vetting process that includes; criminal records, intel, interviews with spouse/partner/NOK, unrelated third party and security inspection in the applicant’s home. Endorsements are subject to ‘cause to possess’. Any decision subject to judicial review.

A person is not fit and proper if; By law: if subject to a protection order under family violence legislation; or if a Commissioned Officer is satisfied there are grounds for such an order; if they have had their firearms licence revoked; or if a person who is not fit and proper is likely to have access to their firearms. By Regulation: if they fail to comply; esp. to secure their firearms. By policy: serious, or routine & repeated disregard for the law (whether charged/convicted or not), convictions, behavioural issues (substance misuse, violence, suicide, mental ill health, etc).

Endorsements on licence By law: the holder of a firearms licence may apply for an endorsement on that licence allowing them to possess pistols, restricted weapons and Military Style Semi Automatics (MSSA) ‘subject to any direction from the Commissioner’. By Regulation: security, markings, powers of inspection. By policy: general condition on carriage of pistols and restricted weapons; inspection & audit.

Permits to import & procure By law: permits to import subject to discretion; permits to procure ‘acting under a direction from the Commissioner’. Permits to import pistols, restricted weapons and MSSAs may only be issued by PNHQ (Manager Licensing and Vetting), and are subject to ‘special reason’. By Regulation: the ‘where’, ‘how’ and ‘what now’ of application. By policy: ‘special reason’ defined; permit to procure sporting rifle as MSSA only on approval of PNHQ.

Best practice: consultation The 1983 Arms Act and the Arms Amendment Bill 2005 were developed in a consultative process approved by Cabinet before drafting. This included representatives of shooting organisations, Dealers, PistolNZ, Shoot Federation, and the New Zealand Mountain Safety Council. Consultation has also included the Mental Health Commission, Federation of Graduate Women and United Nations Association. This is likely to result in better law and a higher level of compliance.

A collaborative approach ‘the extent to which the cooperation of the public can be secured diminishes proportionally the necessity of the use of physical force and compulsion for achieving police objectives’ (Peel – principles, 1829). Nearly all firearms use occurs in the private domain – cooperation enhances achieving the purposes of the Arms Act 1983.

Outcomes Firearms offending (2005/06); 1.28% of all violent offending. 1.7% of offenders in FV records have current licence (provisional). Homicide with firearms tracking downward - at about 13%. Suicide by firearm: less than 5%, down from 20% in Since 1975 so-called ‘accidental’ death and injury by firearms has reduced from an average of one a week to one a month.

What they use, what we seize:

“It’s a new world” Number of world conflicts reducing. Manufacturers turn to the civilian market: manufacture to civilian spec, or, modify. Modified restricted weapons remain ‘restricted weapons’ under NZ law – supported by case law. Evidence of illicit trafficking into and through New Zealand. New Zealand is a member of the international community, in an ever reducing world.

We need to change! FROM: ‘freedom to possess firearms’, TO: ‘NZ prohibits the possession of firearms unless a person has proven themselves fit and proper to NZ Police’. FROM: ‘we are free to do what we like with our guns’, TO: ‘what we can do with our firearms is strictly controlled; if we frighten, alarm or annoy anyone, or injure or kill anyone, or damage property, or fail to secure our guns, we lose both our licence and our guns!’

Relationships are important Police, MFAT, Customs, international organisations, both shooting and NGO (eg: OXFAM, Amnesty International, UN Association) The more they get to know you the more they lose their fear of guns……… and you!! Discussion is now very much focussed on issues. It is difficult to find in New Zealand polarised ‘anti’ or ‘pro’ gun lobby groups.

Law, policy and practice….. aiming at both the safe use and control of firearms.