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04 May 2012
Legal Proceedings
filed to resolve correct interpretation of the Arms Act and Arms Regulations
In response to ongoing
difficulties with police acting unlawfully, due to distorted interpretations of
the provisions of the Arms Act, an application for declaratory orders has been
filed in the High Court at Christchurch. Copies of the proceedings documents are
available to view in the NSA
library.
Civilian gun owners who have had
the police extort privately owned firearms from them over the last twenty years
are advised to start looking for receipts and documentary evidence to support
forthcoming compensation claims against the New Zealand police department.
16 March 2012
New District
Court ruling rejects unlawful police policy and changes supervision / revocation
landscape
A recent
District Court decision
has tossed out over a decade of unlawful police policy concerning the right to
apply for a new firearms licence post revocation. A legal opinion as to the
effect of this decision can be found
here.
17 May 2011
Update on
Arms (Military Style Semi-Automatic Firearms and Import Controls)
Amendment Bill - (285-1)
A
full analysis of AAB285discloses that this Bill will facilitate regulatory powers that will in
effect allow the commissioner of police to persuade the executive to declare
any firearm to be an restricted MSSA. It is important to recognise
that this includes any type of action; including bolt action hunting rifles,
sporting pump action shotguns, lever action pig hunting rifles and .22 varmint
rifles. This Bill is a certain, firm and giant leap towards the ultimate goal of
total civilian disarmament. Our hunting heritage and the future freedom of our
children and grandchildren is at risk from AAB285l ... this Bill must be
stopped. All civilian gun owners have a responsibility to rigorously defend
their rights and liberties by opposing and resisting this Bill.
WHAT CAN YOU DO?... HERE'S WHAT YOU
CAN DO...
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Write a Letter to Your Local MP, setting out the reasons why you oppose
this Bill. Follow the link to use the
NSA select
committee submissions as a guide. You may also wish to view the
submissions of NSA
president, Richard Lincoln, to get ideas. Once you have a letter set out
in your own words, use this link to find which
electorate you are in and who is your local MP. Make sure your MP
understands that you and everyone else you can persuade, will vote against
them in the next election if they support this Bill in its current form.
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Make a Submission to the Law and Order Committee. The AMSSAFIC Bill is
currently being considered by the parliamentary law and order committee.
This committee is accepting and considering public submissions.
A guide for making a submission can be found by following this link. You
may also wish to refer to the
submissions of
the NSA and the
personal submissions of the NSA president, Richard Lincoln. Other public
submissions may be available on the parliamentary website;
follow this link and choose the Law and Order Committee from the "select
committee" search box. Once you have formulated your own submission, in your
own words,
fill in the code-box at the bottom of this page to submit your
submissions online. Make sure you indicate that you DO wish to appear before
the committee; even if you don't - this will help other submitters to have
the opportunity to appear before the committee in their own region (instead
of having to travel to Wellington.) You can also send your submission (postage free) to:
Committee Secretariat
Law and Order
Parliament Buildings
Wellington
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Still unsure what do to? If you run into problems with any aspect of
your submission. Contact the NSA ! either email
info@nsanz.org.nz or ask an NSA member for assistance using the
NSA forum
.
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Mass Resistance is the only way to ensure this Bill is defeated. We are
still getting emails, weeks after the introduction of this Bill, from
civilian gun owners who have only just heard about it. Email all your
friends who hold firearms licences, text them, ring them, and talk to them
and direct them to the NSA website and these submission guides.
10 May 2011
Update on
Arms (Military Style Semi-Automatic Firearms and Import Controls)
Amendment Bill - (285-1)
Today this
contentious and unnecessary Bill went before the house of representatives for
its first reading. It was saddening indeed to see National MP Simon Power
laughing and smirking as he spelled out the proposed further erosion of the
rights and liberties of law abiding responsible civilian gun owners. The spin
was breathtakingly disingenuous with MPs unbelievably claiming that our rights
would be protected by handing unprecedented power to the anti-gun extremists at
police national headquarters and that police needed to be protected from
civilian gun owners. The technical ignorance of the MPs who spoke on this Bill
was obvious and heartbreaking. This is an important issue and it is critical
that all civilian gun owners resist this Bill. The Law and Order Select
Committee must be given a clear message that this Bill will not be accepted.
See the reading of
the bill here
See below for information on how
you can find and contact your local member of Parliament to raise your objection
to this Bill
29 April 2011
Arms (Military Style Semi-Automatic Firearms and Import Controls)
Amendment Bill - (285-1)
There has been
an overwhelming response opposing the
new arms amendment Bill and supporting the
NSA submission to
legislate for option 3 and option 2 set out in
the police regulatory
impact statement. We encourage all civilian gun owners to contact your local
MP and voice your opposition to this unacceptable Bill.
You can
establish which electorate you live in here:
http://www.elections.org.nz/mapping/
Your Member of
Parliament can be found here:
http://www.parliament.nz/en-NZ/MPP/MPs/MPs/
Lookup from
the list to find who represents you in your local electorate. It is best to
write to your MP rather than email. You can write to your MP at the following
address:
(Minister's Name)
Parliament Office
Private Bag 18888
Parliament Buildings
Wellington 6160.
Please note
you do not need a stamp.. postage is free. NSA also suggests that you contact
the Minister Of Police, the Hon. Judith Collins, and make it clear to her that
you oppose the infringement of your existing rights and liberties. Please make
it clear to your minister that you will not donate to their party; and you will
vote against them if they support this Bill.
Please be
aware that writing a letter will be more effective than simply emailing. However
if you do email your minister or you are able to scan and PDF your letter,
please send a copy to us; we are collating the responses of civilian gun owners
to place before the law and order select committee. We have communicated to the
law and order select committee that if this Bill survives its first reading, we
require the Bill to be fully opened to public consultation and submissions.
Your
thoughts on the Arms Amendment Bill?
ANZAC DAY 2011
On ANZAC day we remember the brave
men and women who fought and those who gave their lives in armed conflict to
secure the freedoms, rights and liberty which we enjoy in New Zealand. On this
day, that freedom, those liberties and our rights are under attack again. This
time our own government rallies against us to further erode our individual
rights to participate in our sport as law abiding and responsible citizens in
our own country. On this day National Shooters Association launches its campaign
to defeat the police department's attempt to bring about legislation that would
see the executive council blindly pander to the commissioner of police with
executive orders which, in effect, hands powers to the commissioner to restrict
semi-automatic firearms whenever and however he chooses. Does this have the
smell of a Police state?
We encourage all responsible
licensed civilian gun owners to join us in our "option three, option two"
campaign. Our submissions against the proposed legislation can be found here:
NSA submissions
opposing Arms Act Amendments, option 4 and option 1.
April 2011 -
Arms amendment bill tabled in Parliament
A new arms amendment bill has been
tabled in Parliament and an associated police report has emerged. At first blush
this appears to be little more than an attempt by police to short circuit the
parliamentary process. If this bill becomes legislation it will allow police to
push regulations through via the executive instead of the proper statutory
process by the legislature; and thereby circumvent the right of 'we of the
people' to object to and resist any unjust and improper changes in the law.
We will have our right to judicial intervention curtailed. Police lost in Court
and their response is to now try and criminalise the very people who pay their
salaries.
We note at first blush that the
police report is full of contradictions and inaccuracies and only advances
proposals that suit the police agenda. We are disappointed that the appointment
of a new commissioner has done nothing to rid PNHQ of its anti-gun extremist
elements. The absurdity is brilliantly illustrated by the police confession that
they consulted with the Mountain Safety Council over the importation of
imitation toy pistols.
NSA are working on a comprehensive
resistance to this bill. We advise civilian gun owners not to cooperate with
these draconian proposals. Just say "NO." It is imperative that all
gun-owners resist these proposed changes. If this bill passes into law police
estimate they will have criminalised over 2000 law abiding responsible civilian
gun owners. We do not want to be forced to hide our firearms (private property)
away from the hands of the government gun grabbers.
See the links below. Write to your
MP and demand that they do not support this bill.
Arms amendment bill
Police statement of
non-fact
Further info and intel to
follow... stay vigilant and keep updated here on the NSA website.
November 2010 -
NSA member teaches customs department who not to tread on
National Shooters Association is
pleased to announce that NSA member Mr Gary Beavins has defeated the customs
department in a District Court case. Mr Beavins had imported a 'once in a
lifetime' custom made hunting rifle from the prestigious Martini gun makers;
only to have it illegally seized by the customs department on the most
ridiculous and pedantic grounds. His Honour Judge Hubble put a short order stop
to the customs department's shenanigans and ordered the return of Mr Beavins
rifle.
The NSA remains unhappy that Mr
Beavins was not awarded full indemnity costs for what was another classic
example of an out of control government department bullying and intimidating a
blameless, responsible, law abiding citizen who was simply going about his
lawful business.
NSA has made a significant
financial contribution to Mr Beavins legal costs but we petition the Minister of
customs and the customs department in the strongest terms to fully indemnify the
legal costs that should never have been incurred on our member.
NSA extends its thanks to Mr Nic
Taylor for his diligent work on this case.
Read the decision here
IPCA report on police
shooting of civilian gun owner
Due to the number of media enquires concerning
this matter the NSA clarifies the following:
We have discussed the IPCA report with the IPCA
and in particular the details of recommendation #3. The IPCA is not recommending
an audit of civilian guns owners to determine if they are considered fit and
proper persons to be in possession and control of firearms. The IPCA
recommendation is for a random audit of police processing of firearms licence
applications to ensure police arms officer's and other members are correctly
following the standards and guidelines for processing licence applications, and
in particular, pursuant to IPCA recommendation #2 - what should trigger an
escalation of the determination of a licence application; to a senior
commissioned officer.
The NSA supports any measure to ensure that
police officers comply with arms control regulations and apply proper, fair and
cohesive standards in their administration of the arms act, and providing a
public service to civilian guns owners.
18 June 2010 - Members of the Police have been
found to have acted lawfully when they fatally shot Christchurch man Shayne
Richard Sime in June 2009. The Independent Police Conduct Authority has released
its report into the shooting in Wadhurst Place, Burnside, on the evening of 28
June 2009.
The Authority has found that Police acted
lawfully in the execution of their duty, in the defence of themselves, and of
others. Police had been called by neighbours after Mr Sime began firing two
shotguns and a .308 rifle around the cul-de-sac where he lived. Mr Sime fired
approximately 98 shotgun cartridges and 12 shots from the rifle during the
incident. A neighbour was injured by a shotgun blast, one Police officer was
struck in the face by pellets, and other officers had been preparing to fire
tear gas into Mr Sime’s house when he emerged to fire upon them.
Police fired a total of 18 shots at Mr Sime in
defence of themselves and others. Mr Sime was hit by five of them. “There was no
evidence of misconduct or neglect of duty on the part of those involved, and no
decision, act or conduct was contrary to law, unreasonable, unfair or
unjustified,” said Authority Chair, Justice Lowell Goddard.
In other findings, the Authority believes that
greater assurance and transparency in the review of incidents involving the
Armed Offenders Squad would be possible if there was an ability to record their
communications and orders on their encrypted radio channel and in their Command
Centre. However this does not bring into question the actions and
decisions taken in respect of this incident. The Authority also believes that Mr
Sime’s background and medical history casts some doubt on whether he should ever
have been granted a Firearms Licence by Police. On the basis of the
information that was provided in the application file, more diligent inquiries
into his medical condition and background should have been made, and the
decision on his suitability should have been escalated to a senior officer for
final assessment.
The Authority has made three recommendations to
Police:
1) That communications on encrypted radio
channels used by the Armed Offenders Squad and Special Tactics Group should be
recorded.
2) That the training and guidelines provided to
Arms Officers should be reviewed to ensure that there is clear understanding of
the levels at which firearms licences may be routinely issued, and more clearly
determine the point where applications should be referred to senior officers for
adjudication.
3) That there be independent, random auditing
of firearms licence application files to ensure that the guidelines are
consistently and accurately followed.
Read the full
report
Commissioner Broad acknowledges risk of being unarmed.
16 June 2010: Commissioner of Police Howard
Broad has appeared before Parliament's law and order committee and admitted that
within our communities there are violent people who pose considerable risk. Mr
Broad reported that being armed with weapons other than firearms, and courage,
may not be sufficient to mitigate those risks.
Mr Broad did not elaborate on how his proposed
review of access to firearms would amalgamate with the seventh principle of
policing [1] and the duties which are incumbent on every citizen in
the interests of community welfare and existence; but he did acknowledge police
are considering a future that has an additional dimension.
The Police review of access to firearms follows
last years proposal to reduce firearms training to 40 percent.
[1] (Police, at all times, should maintain a
relationship with the public that gives reality to the historic tradition that
the police are the public and the public are the police; the police being only
members of the public who are paid to give full-time attention to duties which
are incumbent on every citizen in the interests of community welfare and
existence)
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Free wake up call available. Things you can do to lose your
gun.
"Our biggest enemy has been ourselves. One
of the biggest mistakes people can make is disunity.. that will draw you down
every time."
Click on the wheelie bins to see what happens
Police issue new advisory concerning semi
automatic firearms.
Still no apology has been forthcoming from Police
regarding the 'check your butt' fiasco but following an NSA request on Monday 17
May 2010 police have issued the following advisory. There are some omissions and
factual mistakes in the police statement; NSA will be working to have these
issues resolved as soon as possible.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
To whom
it may concern
During 2009 Police undertook an awareness programme to let the firearms
community know that we had changed our understanding of what constituted a
military style semi-automatic firearm (MSSA). The change was around
interpretation of the phrase "military pattern free-standing pistol grip".
The 2009 interpretation meant that some semi-automatic firearms previously
considered to be in sporting configuration would instead be classed as MSSAs by
virtue of their grip. People wishing to lawfully own such an MSSA had to ensure
they complied with the legal requirements applicable to MSSAs. .
A High Court
judgment from March this year found that the Police interpretation of "military
pattern free-standing pistol grip" was inconsistent with the Arms Act 1983.
The judgment held that:
·
a pistol grip that is integrated with the stock is not "free-standing"; and
·
"military pattern" means conforms with military specifications.
In order to
mitigate any confusion that may have arisen due to the High Court judgment I
would like to make the following points.
1.
Police are once again treating
dragunov-style stocks as integrated, and therefore not containing a "free
standing" pistol grip. A semi-automatic rifle with a dragunov-style stock
and no other MSSA features is therefore an A Category firearm.
2.
The 2009 Police communication is
still correct in that a non-integrated addition that connects a pistol grip to
the stock or butt in an attempt to make it no longer free standing (such as
adding a metal or plastic rod) will not stop the grip from being "free
standing". Any semi-automatic with that feature will be an MSSA.
3.
People who have already been
issued an E endorsement as a result of the July 2009 communication may choose to
retain an endorsement for an MSSA, or may choose to surrender the endorsement
and (where necessary) return their MSSA to sporting configuration.
4.
Where a person has applied
(solely as a result of the Police July 2009 interpretation of "military pattern
free-standing pistol grip") for an E endorsement prior to the 1 March 2010 High
Court judgment and has the proper security in place, Arms Officers are being
told that the endorsement may be issued and permit to procure issued for the
semi automatic they wish to possess as an MSSA.
5.
Those
people who consider that they have been financially disadvantaged in having to
purchase a higher level of security than they now need as a result of the July
2009 communication can write to the Manager Licensing and Vetting, PO Box 3017,
Wellington. Any consideration for compensation would require the surrendering of
the E endorsement, a return of the semi-automatic to sporting configuration or
disposal of the firearm, provision of receipts for security, and surrender of
the security to Police.
Yours faithfully
Inspector Joe Green
National manager Licensing and Vetting
Police National Headquarters
Link to the electronic document
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Practical remarks from Minister of
Police.
National shooters association is pleased to convey the following commentary from
a newspaper report published in the ODT:
Police Minister Judith Collins said there were
no plans to revert to the old system of registering individual firearms rather
than individual firearms owners, as most licensed owners were responsible,
law-abiding citizens.
"It is seldom these people who use firearms
against police or the public."
Gun crime in New Zealand was "almost always"
committed by unlicensed people who used stolen or illegally obtained weapons.
Requiring individual firearms to be registered
would not necessarily stop criminals from obtaining them.
Forfeiture Policy to be Challenged
After receiving several
complaints from sport shooters the NSA will now take action against the police
policy of forcing civilian gun-owners to forfeit guns in exchange for MSSA
import permits.
The NSA considers the policy to be in conflict with
common law principles of private property ownership . Gun owners wishing to
import MSSA firearms are reminded that import permit applications are free and
no private property should be surrendered. The forfeiture of private property is
not legislated for in the Arms Act or in the Arms Regulations.
Judicial Review - High Court Say "NO" to Police
Legislating
We are pleased to announce that on the 1st of March 2010 Her Honour Justice
Mallon presiding over the High Court at Palmerston North, delivered a decision
which strikes out the recent police policy decision to reclassify A category
semiautomatic firearms.
The decision of the High Court has conclusively
settled the issue of what a military pattern free standing pistol grip is... and
what it is not. The scope of the decision is all pistol grips, therefore by
implication, all semiautomatic firearms are affected by the decision.
At
the time of writing the time limit for lodging an appeal has passed and there
has been no challenge to the High Court decision from the police. There has been
no policy statement from police concerning sporting firearms that were
registered as MSSAs under the illegitimate policy.
There has been no
statement from Police on the issue of the $60,000 + of tax payer funds that were
used to advertise the policy.
TradeMe are now accepting listings for all
“A” category firearms in accordance with the judicial decision. A synopsis of
the decision is available here.
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