ARMS (MILITARY STYLE SEMI- AUTOMATIC FIREARMS AND ...

ARMS (MILITARY STYLE SEMI-
AUTOMATIC FIREARMS AND
IMPORT CONTROLS) AMENDMENT
BILL
DEPARTMENTAL REPORT FOR
THE LAW AND ORDER COMMITTEE
12 JULY 2011

Section A
Section B
Section C
Section E
Contents
Introduction and summary of
submissions
General policy issues
Clause by clause analysis
Summary of recommended
changes to Bill
Appendix 1 Submitters - Numerical order 37
Appendix 2 Submitters - Alphabetical Order 41
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SECTION A: INTRODUCTION AND SUMMARY OF SUBMISSIONS
1. This section contains a high level summary of submissions on the Bill, and
discusses the major issues of the submissions.
2. 257 submissions were received on the Bill. 46 submissions were received from
organisations compared to 211 from individuals. A large majority of the
individual submitters appear to be firearm or airgun owners and the
organisations are nearly all either firearm or airgun clubs/associations or firearm
retailers.
3. 218 submitters (84.9%) opposed the Bill or opposed a significant part of the Bill
(without supporting any other part). Some of these submitters (142, 143, 163,
166, 171, 185, 202, 203, 215, 217, 226, 231) opposed the Bill simply on the
grounds that they think it is banning airguns. 5 (2%) supported the Bill, 23 (9%)
expressed a mixture of support and opposition or agreed in principle with
reservations, and 11 submitters (4.3%) do not express a clear view on whether
or not they supported the Bill.
4. Submitters that opposed the Bill did so for a range of reasons, but primarily
because they:
� were concerned that the Bill gave Police too much influence/control over
what was classified as an MSSA, with many considering that the provisions
relating to regulation making powers are potentially unconstitutional or
undemocratic (because they affect the rights and liberties of New
Zealanders and only Parliament should legislate on these matters);
� considered that the definition of MSSA in the Bill was flawed (because it
was too broad or lacked sufficient clarity for firearm owners to be certain of
what was a MSSA);
� considered that there was no proven need to impose import controls on
airguns that looked liked MSSAs, pistols or restricted weapons which are
essentially harmless; and
� were concerned that the Bill was making changes to the Arms Act and
Police should instead focus on better enforcement of the Act.
5. There were a significant number of submitters whose opposition to the Bill and,
in particular, their opposition to the ability to use regulations to help define an
MSSA is based on a misunderstanding of the process for making, and the role
of, regulations.
6. Those that supported the Bill or aspects of the Bill did so mainly because they
supported the controls being placed on airguns that look like MSSAs, pistols or
restricted weapons or they supported the exclusion of fully automatic airguns
designed for airsoft or paintball sports from what is classified as a restricted
weapon.
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SECTION B: GENERAL POLICY ISSUES
7. This section discusses the main themes that emerged from the submissions.
The use of regulations
8. 110 submitters (42%) were not in favour of the proposed regulation making
powers. These objections coalesced around the following themes:
� the regulation making powers are too broad;
� the regulations will be unconstitutional;
� lack of parliamentary and public scrutiny;
� the regulations will be abused;
� the use of regulations gives too much power to Police; and
� the regulations will increase confusion.
The regulations are too broad
9. A common theme among submitters was a view that the proposed regulation
making powers were too broad. Submitters indicated that they felt the
regulations would open the door for firearms to be classed as MSSAs arbitrarily
and would allow for the classification of any firearm, even if not a semiautomatic,
as an MSSA.
Comment
10. The proposed regulation making powers are intended to allow the Executive
Council, through the Order in Council process, to clarify the existing definition of
a military style semi-automatic firearm (MSSA). The use of regulations is also
to enable clarity to be provided for both operational Police and firearms licence
holders in instances where there is disagreement over a MSSA feature, or a
firearm or type of firearm that may or may not be an MSSA. The intention was
that any regulations are only to cover semi-automatic firearms that are not
pistols and this can be clarified through amendments to the relevant clauses of
the Bill.
Recommendation
It is recommended that the regulation making powers in the Bill should undergo
minor redrafting so that it is clearer as to their limited scope. This redrafting should
include making it clear that non-semi-automatic firearms are outside the scope of the
proposed regulations.
The regulations are unconstitutional
11. A number of submitters felt that the regulation making powers delegate too
much power away from Parliament.
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Comment
12. The proposed regulations are in line with the guidance in the 2008 Cabinet
Manual. The Manual states that "...Regulations usually deal with matters of
detail or implementation, matters of a technical nature, or matters likely to
require frequent alteration or updating." The MSSA-related regulations are to
allow for the more effective implementation of the MSSA provisions by
providing for clear regulations on technical matters. The proposed regulations
will not be dealing with matters of substantive policy, will not have retrospective
operation, do not purport to levy taxes, and do not contain provisions that
purport to amend primary legislation. The proposed regulations are not
unconstitutional and follow accepted practice.
Recommendation
No additional changes are recommended.
Lack of Parliamentary and public scrutiny
13. A number of submitters expressed concerns that the regulations would not be
subject to parliamentary and public scrutiny. This concern was related to a view
that these regulations would be made without sufficient consultation with the
firearms community.
Comment
14. Regulations are examined by the Regulations Review Committee. This is a
multi-party Committee that by convention is normally chaired by a member of
the opposition. The committee can bring regulations to the attention of the
House on a number of grounds relating to basic legal or constitutional issues.
15. Members of the public can lodge a complaint with the Regulations Review
Committee. The committee can investigate any complaint about a regulation
after it has been made. The committee cannot investigate complaints about
proposed regulations but may examine draft regulations referred to it by a
Minister. The committee can draw a regulation to the attention of the House on
the grounds that the regulation:
� is not in accordance with the general objects and intentions of the statute
under which it is made;
� trespasses unduly on personal rights and liberties;
� appears to make some unusual or unexpected use of the powers
conferred by the statute under which it is made;
� unduly makes the rights and liberties of persons dependent upon
administrative decisions which are not subject to review on their merits by
a judicial or other independent tribunal;
� excludes the jurisdiction of the courts without explicit authorisation in the
enabling statute;
� contains matter more appropriate for parliamentary enactment;
� is retrospective where this is not expressly authorised by the empowering
statute;
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� was not made in compliance with particular notice and consultation
procedures prescribed by statute;
� for any other reason concerning its form or purport, calls for elucidation.
16. The High Court is also able to review regulations and can declare them invalid if
on review they are found to be outside the scope of the power to make them.
17. The regulation making powers that cause most concern (subparagraphs (b) to
(d) of the definition of MSSA) could be further subject to scrutiny from
Parliament by the Bill providing that any regulations made pursuant to these
powers must be confirmed by statute annually. If confirmation is not provided
within that period the regulations would become invalid. Confirmation would
typically be achieved through the annual Subordinate Legislation (Confirmation
and Validation) Bill.
18. Police will also look to improving consultation with representatives of the
firearms community when Police is looking to make major policy
recommendations to the Minister of Police that relate to the Arms Act or when
Police are looking to make recommendations to the Minister of Police on
making regulations.
Recommendation
It is recommended that the Bill be amended to provide that any regulations made
pursuant to paragraphs (b) to (d) in the definition of an MSSA must be confirmed by
statute annually. If confirmation is not provided within that period the regulations
would become invalid.
The regulations will be abused
19. A number of submitters felt that Police would abuse the proposed regulations
and try to push an 'anti-gun' policy agenda by pushing through more and more
restrictive regulations.
Comment
20. Any regulations made pursuant to the new regulation making powers in the Bill
will be subject to both parliamentary and public scrutiny. In addition the scope
of these regulations will only cover semi-automatic firearms that are not pistols.
21. Section 74 of the Arms Act already provides for extensive regulation making
powers, in particular 74(1)(m), and these have operated without any suggestion
that they have been abused by Police. This indicates that further regulations,
with much narrower scope, are unlikely to be abused.
Recommendation
No additional changes are recommended.
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Regulations give too much power to Police
22. A number of submitters expressed concerns that the regulations delegated too
much power to Police via the regulation making process. While some of the
comments appeared to be based on an erroneous belief that Police itself would
be able to make regulations, some expressed concerns that Police would exert
undue influence on the regulation making process and be able to push through
changes that were unjustified.
Comment
23. Police can only make recommendations to the Minister of Police on regulations.
The Minister must then, if he or she approves of the Police recommendation,
get approval from the Executive Council for the regulation to be passed into
law.
24. Any regulations that are made will not involve extending the definition of MSSA
contained within the primary legislation.
25. The proposed regulations are narrower than regulations that are already
contained within section 74 of the Arms Act 1983. In particular they are in
essence a clarification and narrowing of section 74(1)(m) which allows for
regulations to be made to define firearms either generally or for the purposes of
any particular provisions of this Act.
Recommendation
No additional changes are recommended.
Regulations will increase confusion
26. Some submitters expressed a concern that the regulations, rather than
reducing confusion, would in fact increase it. This was based on a view that the
Government, on the advice of Police, would regularly create new regulations
that would change what firearms licence holders need to do to comply with the
Arms Act. These changes would result in confusion and difficulties for those
trying to comply with the Arms Act and those trying to enforce it.
Comment
27. The regulations will be used to reduce confusion through the inclusion of
illustrative material and by allowing clarity to be given quickly on technical
matters where there is disagreement. Without these specific regulation making
powers, the issue over the nature of the pistol grip that constitutes a feature of
an MSSA will continue and Police will have to continue to make its own
determinations on classifying new types of firearms and stocks. The regulation
making process allows for decisions to be made in an authoritative manner,
within the scope of the legislation, and when required in order to end confusion.
28. The Arms Act already contains a range of regulation making powers in section
74. These regulation making powers have very rarely been used and it is
expected that these additional powers would similarly be used sparingly.
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Recommendation
No additional changes are recommended.
Focus restrictions on magazine capacity
29. 36 submitters expressed a view that the only aspect of semi-automatics that
made a weapon functionally more dangerous was magazine capacity. All other
features, such as bayonet lugs, flash suppressors, folding stocks and pistol
grips were cosmetic and did not change weapon function.
Comment
30. The Bill is focused on enhancing the administration of the 1992 Amendment
Act. Revisiting the basis of the 1992 Amendment Act is outside the scope of
the Bill.
31. Focusing solely on magazine capacity would simplify the administration of the
Act; however, it would liberalise arms laws to a degree that would be contrary to
the policy intent of the 1992 amendments.
Recommendation
No changes are recommended.
MSSAs are not any more dangerous than other firearms
32. Four submitters put forward the case that firearms are all equally dangerous no
matter how they are designed.
Comment
33. The design of a firearm, in particular the design of features that are unique to
military weapons, can have an impact on both its functionality and lethality.
Military weapons are designed to allow an individual to deliver lethal force as
rapidly and accurately as possible. A modern semi-automatic firearm can inflict
harm faster (by virtue of advancements in firing mechanisms and larger
capacity magazines) in a more compact and easier to conceal frame
(collapsible stocks, bullpup design, lighter synthetic construction) than other
firearms. Armed Forces have adopted new firearms, rather than persist with
older designs, because they understand that modern semi-automatics are
much more effective at delivering lethal force than earlier designs.
Recommendation
No changes are recommended.
Repeal the 1992 amendments
34. A number of submitters argued that the 1992 amendments to the Arms Act
should be repealed. The submitters argued that these amendments were
flawed, as they moved New Zealand arms legislation away from its focus on
people to a focus on firearms. The submitters also argued that the MSSA
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Comment
provisions were ill thought out and were the result of a knee jerk reaction to the
1990 Aramoana massacre.
35. The Bill is focused on enhancing the administration of the 1992 Amendment
Act. Repealing the 1992 Amendment Act is outside the scope of the Bill.
36. Police believes that the low availability of military style high powered semiautomatics
in New Zealand indicates the continued effectiveness of the 1992
Arms Amendment Act.
Recommendation
No changes are recommended.
The Bill is part of an attempt to restrict more firearms
37. A number of submitters expressed a view that the Bill reflected a desire to
capture more weapons within the MSSA category. This desire, according to
submitters, involved either overturning the Lincoln decision so that Police could
go back to their revised interpretation of an MSSA made in June 2009 or was
just a straight reflection of an anti-gun bias by Police.
Comment
38. The firearms community appears to be mistrustful of Police as a result of the
June 2009 "Check Your Stocks" campaign by Police. The policy change that
this campaign was about was not an arbitrary decision and was based on
careful consideration of legal advice from Crown Law.
39. The Bill is designed to return to the understanding on what were and were not
MSSAs that existed prior to 2009. Police has not proposed that thumbhole or
dragunov style stocks be classified as MSSAs.
Recommendation
Police will provide the Law and Order Committee with a summary outlining why
Police changed its interpretation of the MSSA provisions in 2009.
Pistol grips are part of the evolution of modern firearms and do not make a
firearm more dangerous
40. 46 submitters emphasised the safety and ergonomic advantages that pistol
grips offer. Submitters also pointed out that a pistol grip did not make a firearm
more dangerous.
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Comment
41. The Bill is focused on enhancing the administration of the 1992 Amendment Act
and clarifying the intent of Parliament when it introduced restrictions on MSSAs.
Reform of the basis of the inclusion of free-standing pistol grips in the 1992
amendments, beyond seeking to make this more easily understood in the Act
and regulations, is not within the scope of the Bill.
Recommendation
No changes are recommended.
Changes will increase non-compliance with firearms laws
42. Six submitters expressed a view that this Bill would result in an increase in
firearms holders operating outside of the Arms Act. This non-compliance would
be motivated by frustration at what the submitters consider will result from
Police utilising the regulation making powers in an arbitrary manner. The
submitters also believed that Police would reclassify many semi-automatic
firearms as MSSAs as a result of the Bill, creating further motivation for firearms
owners to operate outside of the law in order to avoid the hassle and expense
of obtaining endorsements and complying with the security requirements for
MSSAs.
Comment
43. Police will not be able to, nor do Police want to, use the regulation powers to
arbitrarily reclassify firearms, owing to the checks and balances built into the
regulation making process. The intention of the Bill is to return matters to the
relative stability of what was commonly understood to be the definition of an
MSSA prior to 2009. The regulations will be used to ensure that clarity is
maintained by allowing for definitive decisions to be made on firearms
classifications by Government in a timely and consistent fashion. Police
considers that the effect of this will be greater clarity over what is an MSSA.
Recommendation
No changes recommended.
The Lincoln case provides sufficient clarification on the definition of MSSA
44. 28 submitters made direct reference to the Lincoln case and argued that the
High Court's findings provided sufficient clarity on the meaning of pistol grip in
the 1992 Amendment Act.
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Comment
45. Following the Lincoln judgment, for a pistol grip to be deemed to be "free
standing" and of "military pattern" it would need to be manufactured to a military
specification and not integrated with the stock. The judgment accepts a
description put forward by Mr Lincoln that a pistol grip would be free-standing if
it could be removed from the firearm without removing any other part such as
the stock. The Judge's interpretation of "military pattern" is very narrow as few
pistol grips are manufactured to exact military specifications. In addition the
Judge appears to accept that integration though the top of the pistol grip into
the stock is alone sufficient to make it not free-standing. This means that a grip
can appear to be free-standing but whether or not it is will depend on whether it
is part of the stock or simply attached to it. In effect this means that, apart from
a very few examples of pistol grips (that are clearly military pattern and free
standing), all other pistol grips, that are visually identical to military pistol grips,
no longer fit within the MSSA category. This has introduced a degree of
uncertainty that is sought to be rectified.
Recommendation
No changes are recommended.
Restrictions on MSSAs are not justified as these firearms have not caused
problems
46. 19 submitters pointed out that MSSAs have not featured prominently in criminal
use after 1990. They argue that this highlights the fact that MSSAs are not a
problem and question the need for additional restrictions on them.
Comment
47. The Bill does not seek to create additional restrictions on MSSAs. The Bill
seeks to return to the pre-2009 understanding and to reinforce this with a
clearer MSSA definition that accurately reflects the intent of Parliament.
48. The low use of high powered semi-automatics for criminal offending indicates
that the current regime is working as intended and should continue.
Recommendation
No changes are recommended.
Restrictions should not be based on the subjective look of particular firearms
49. 21 submitters objected to defining MSSAs based on appearance and 23
submitters argued for a focus solely on what made a semi-automatic
functionally different to other firearms, i.e. high capacity magazines. A focus on
a subjective matter such as appearance was, it was argued, not a good basis
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Comment
for law as looks are hard to define objectively and are open to multiple
interpretations.
50. Police accepts that generating comprehensive definitions based on 'looks' is
challenging. This is why Police intends to improve the clarity of the definition of
an MSSA by utilising regulations and why it will improve its consultation
processes.
51. The 1992 Amendment Act created controls on military style semi-automatics.
This shows that Parliament intended there to be a focus on appearance.
Recommendation
No changes are recommended.
Increase penalties for the misuse of airguns and breaches of the Arms Act
52. 13 submitters argued that firearms safety would be better served by increasing
penalties for the misuse of airguns and breaches of the Arms Act.
Comment
53. A review of Arms Act penalties is being undertaken by Police.
Recommendation
No changes are recommended.
Regulate E-mail and Internet sales of airguns
54. A small number of submitters argued that the unregulated sale of airguns by Email
and over the internet should end as this is contributing to airguns falling
into the wrong hands.
Comment
55. A review of E-mail and Internet sales of airguns and firearms is being
undertaken by Police.
Recommendation
No changes are recommended.
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Police should treat imitation guns the same as real firearms
56. 13 submitters argued that the problem of imitation guns would be resolved if
Police treated these the same as incidents involving real guns. The submitters
argued that this would have a deterrent effect which would reduce the problem.
Comment
57. Police treat all incidents involving firearms seriously. The Arms Act already
provides for an offence of carrying an imitation firearm except for lawful, proper
and sufficient purpose. The presentation of an imitation firearm will result in a
priority response as there is no way for Police to know whether or not the
firearm is real. Incidents involving imitation firearms are common and tie up
Police resources.
58. Some of the submitters emphasised the deterrent effect that would accrue if an
offender was shot if they presented an imitation firearm to Police. Police would
view such an incident as a tragedy for all involved and would not view this as an
acceptable outcome.
59. In light of the possibly tragic outcomes, as well as the amount of resources
these incidents tie up, Police does not consider that treating these incidents the
same as real firearms incidents (when they are aware that they involve an
imitation firearm) is an appropriate response when other options involving less
force are available.
Recommendation
No changes are recommended.
Define airguns based on their power
60. A small number of submitters recommended that airguns be divided into either
high powered or low powered classes based on their power and ability to cause
harm. Stricter controls would be placed on airguns placed in the higher
category.
Comment
61. This matter is outside of the scope of the Bill.
Recommendation
No changes are recommended.
Controls on fully automatic paintguns
62. One submitter recommended that controls be placed on fully automatic
paintguns due to their potential to cause harm.
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Comment
63. Police does not consider that fully automatic paintguns pose a particular risk,
especially given that Clause 12 does not allow for modification of these devices
so that they become unsafe. Police will keep this matter under review in
consultation with members of the paintball sports community.
Recommendation
No changes are recommended.
Police needs to improve its administration and enforcement of the Arms Act
1983
64. 24 submitters argued that Police operational and administrative failings had
created a number of unnecessary problems. Submitters complained that Arms
Officers lacked consistency with how they interpreted provisions of the Act, in
particular the classification of firearms and the legislative provisions concerning
the security of firearms. Submitters also argued that Police's failure to
adequately enforce the Arms Act had contributed to various tragedies
(Aramoana 1990, Raurimu 1997, and Jan Molenaar 2009).
Comment
65. The intent of the Bill is to improve the ability for the Police to administer the
Arms Act by clarifying the MSSA definition. However, the submitters have
identified issues with inconsistency between Districts on how Arms Act
provisions are administered. Police has been aware of these issues and has
been actively addressing them through a range of training and communication
strategies. Comments from submitters will be taken note of as Police
addresses issues that arise with enforcement of the Arms Act.
Recommendations
No changes are recommended.
Police should release information on the 2009 policy change and its current
interpretation of what constitutes a MSSA
66. A small number of submitters complained that Police had refused to release
information relating to its 2009 MSSA policy change as well as its 'current'
MSSA definition. Submitters indicated that this demonstrated an unacceptable
lack of transparency.
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Comment
67. Police will provide the Law and Order Committee with a summary outlining why
Police changed its interpretation of the MSSA provisions in 2009.
.
68. In terms of a current Police interpretation of an MSSA, this does not exist
beyond what has been placed in the Bill and included in the brief to the Select
Committee.
Recommendation
No changes are recommended.
Allow for supervised firing of MSSAs on designated ranges
69. A small number of submitters argued that the MSSA provisions were needlessly
restrictive in that an MSSA could only be fired or possessed by the person who
had the endorsement for that firearm. It was recommended that this be
changed so that MSSAs would be treated the same as pistols and nonendorsed
license holders could fire these firearms under supervision on
designated ranges.
Comment
70. Police consider that this suggestion has merit and will further examine it along
with other issues being separately reviewed.
Recommendation
No changes are recommended.
The concept of MSSAs is flawed
71. 24 submitters argued that the very concept of military style semi-automatic was
flawed and that this was a 'legal fiction' created by the 1992 Arms Amendment
Act.
Comment
72. Reform of the basis of the 1992 Arms Amendment Act is outside of the scope of
this Bill. Police considers that the MSSA construct is a useful mechanism to
control military style semi-automatic firearms without the outright bans that have
been adopted in Australia and the United Kingdom.
Recommendation
No changes are recommended.
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Investigate the legality of import restrictions on MSSAs and MSSA parts
73. Six submitters questioned the Police policy of requiring the surrender of an
MSSA or MSSA part before issuing an import permit for an MSSA or MSSA
part. Submitters felt that this practice was an unjust infringement on their rights.
Comment
74. A special reason is required to import an MSSA or MSSA part. It is up to the
applicant to put their special reason and each application is considered on its
merits. One such special reason, foreseen and discussed by Parliament at the
time of the 1992 amendment, was that people might wish to refurbish or replace
their worn MSSA. Therefore, the unconditional surrender of the worn part, or in
the case of an MSSA the worn MSSA, is often a condition placed on the permit
to import. This is a safety issue and is consistent with the intent of section 59 of
the Arms Act 1983 (bringing firearms to a safe standard and the surrender of
the firearm where this cannot be done).
75. Other reasons put forward by the applicant will be considered and if they are
considered special the permit to import may be approved.
Recommendation
No changes are recommended.
Focus on education not legislation
76. 24 submitters expressed a view that it would be better to focus on educating
people in the safe use of airguns rather than impose import controls on them.
11 submitters argued that a focus on education should be the focus generally
for arms control rather than legislation.
Comment
77. The issue of arms safety education is outside the scope of the Bill.
78. Police has added discussion on airgun safety into the Arms Code and would be
supportive of any moves to increase awareness of arms safety amongst
holders of airguns. However, education will be most effective when coupled
with greater controls on the accessibility of imitation airguns and import controls
will be an important part of this.
79. The New Zealand arms licensing process is ably supported by a process that
promotes firearms safety and tests it. Police is eager to continue to build on
this sound base.
Recommendation
No changes are recommended.
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Compliance costs of the Bill will be high
80. A small number of submitters expressed a view that the Bill will generate high
compliance costs generated by the need to register firearms as MSSAs and for
participants in airsoft sports to procure an import permit.
Comment
81. The Bill does not seek to extend the number of weapons classified as MSSAs
beyond the pre-2009 situation. However, a small number of firearms, sold as A
Category firearms based on an interpretation of the Lincoln decision may need
to be classified as MSSAs once again. Police would waive the licence fee in
these cases; however, the owners would need to meet the costs of heightened
MSSA security requirements.
82. The granting of an import permit for restricted airguns to be used for airsoft
sports should be relatively straight forward and is not anticipated to generate
any additional costs on airsoft sports participants (with there being no fee for an
application for an import permit).
Recommendation
No changes are recommended.
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SECTION C: CLAUSE BY CLAUSE ANALYSIS
83. This section outlines submissions on the individual clauses of the Bill. Some of
the analysis below necessarily repeats some of the discussion in the previous
section of this report that addressed the main issues raised by the submitters.
84. Recommendations that propose specific amendments to clauses are made
subject to Parliamentary Counsel's views as to the exact form these
amendments should take.
85. Throughout this section MSSA is used as shorthand for miltary style semiautomatic
firearm.
Clause 1 - Title
86. Clause 1 states the title of the Act to be introduced by the Bill which is the Arms
(Military Style Semi-Automatic Firearms and Import Controls) Amendment Bill.
Submissions
87. There were no submissions on this clause.
Recommendation
It is recommended that there be no change to this clause.
Clause 2 - Commencement
88. Clause 2 sets the commencement date to be on a date to be appointed by the
Governor-General by Order in Council.
Submissions
89. There were no submissions on this clause.
Recommendation
It is recommended that there be no change to this clause.
Clause 3 - Principal Act amended
90. Clause 3 states that this Act amends the Arms Act 1983.
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Submissions
91. There were no submissions on this clause.
Recommendation
It is recommended that there be no change to this clause.
Clause 4
92. Clause 4 amends section 2 (the Interpretation section) of the principal Act by—
� substituting a new definition of military-style semi-automatic firearm;
� inserting a definition of restricted airgun; and
� repealing the definition of "sporting configuration".
(1) "military style semi-automatic firearm"
Submissions
93. There were 146 submissions on this new definition. The vast majority had
some criticisms of aspects of it. 34 submissions stated that they supported the
fact that the definition was being stated in the positive rather than the negative,
although they did not necessarily support the definition itself. Nine submissions
stated that they supported parts of the definition or supported the definition with
reservations. Four specifically stated that they supported retention of the
current definition. Aspects of the definition that received comments are set out
below.
Semi-automatic firearm (paragraph (a))
94. The definition of MSSA begins with wording to describe a semi-automatic
firearm, ie "a firearm that, after being loaded, fires and ejects a cartridge, and
chambers another cartridge, with each pull of the trigger".
Submissions
95. Two submissions recommended that the description of a semi-automatic
firearm in paragraph (a) be amended so that it reads "ejects a cartridge case".
Comment
96. The above recommendation is supported.
Recommendation
It is recommended that there be amendment to the part of the definition of MSSA that
describes a semi-automatic firearm to ensure technical accuracy.
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Folding/telescopic butt, bayonet lugs,and flash suppressor (paragraphs (i), (iv) and
(v))
97. In the definition of MSSA in the Bill these are all designated features that qualify
a semi-automatic firearm as a MSSA.
Submissions
98. There were three submissions that objected to the inclusion of a folding or
telescopic butt in the definition, six that opposed the inclusion of bayonet lugs,
and four that opposed the inclusion of a flash suppressor. The reason given for
these objections was that these features are considered by the submitters to be
irrelevant to public safety.
Comment
99. The Bill is not intended to fundamentally change the 1992 Amendment Act's
definition of MSSA and the inclusion of a folding or telescopic butt, bayonet lugs
and flash suppressors as features that would qualify a semi-automatic firearm
as an MSSA are key parts of that definition.
Recommendation
It is recommended that there be no changes to these paragraphs.
Magazine size (subparagraphs (ii) and (iii))
100. Subparagraphs (a)(ii) and (a)(iii) of the definition of MSSA provide that a semiautomatic
firearm will be classified as a MSSA if it has a magazine capable of
holding more than 7 cartridges or that appears to be able to hold more than 10
cartridges (unless the magazine is designed to hold rimfire cartridges of a
calibre of 0.22 inches or less, in which case it is when the magazine can hold,
or appear to hold, more than 15 cartridges).
Submissions
101. 71 submissions favoured allowing unmodified magazines with a capacity of 10
rounds to be the limit for non-MSSA firearms. The main arguments were that:
� this more appropriately reflected the magazine sizes manufactured world
wide and available on the market (76, 111),
� the 7 rounds limit requires after-market physical alteration to comply with
(94), and
� an additional 3 rounds makes little real difference (59) and does not make a
firearm look military style (145).
102. A ten round magazine was also viewed as still being well below the 15 rounds
allowed for 0.22 rimfire cartridges (76). One submitter (62) argued that since a
20

military style and commonly used sporting firearm, the .303, has a standard 10
round magazine which is within the current law (because it is not semiautomatic),
semi-automatics that were to be viewed as non-MSSAs should not
be restricted to a lesser number of rounds. Another submitter argued that the
modifications risk malfunction and risk to users and bystanders (112).
103. There was one submission that put forward the argument that the term "by its
appearance" is vague, will be subject to official abuse, and will be a point of
contention between the Police and the firearms community (85).
Comment
104. Higher capacity magazines can legitimately be regarded as more dangerous
than lower capacity magazines on the basis that they create the potential for
greater lethality in criminal use. The use of the phrase "by its appearance" is
carried over from the current Act and while it is not without some interpretation
difficulties, it has been managed by Police to date.
105. This change to the current wording in respect of magazine size is intended to
be of assistance to gun owners. It means that they will not need to reduce the
external magazine casing of 10 round magazines that have been internally
modified, so that they also appear to hold no more than 7 rounds. Police is not
aware of risks arising to the safety of gun users or bystanders from internally
modified 10 round magazines.
Recommendation
It is recommended that there be no change to these paragraphs.
Pistol grip (vi)
106. The definition of MSSA includes the feature of a pistol grip as defined in
regulations made under the Arms Act.
Submissions
107. 30 submissions were opposed to leaving the feature of a pistol grip to be
defined in regulations. Ten submissions recommended that pistol grip should
be defined in the Act, mainly because submitters considered that the Lincoln
decision had restored certainty as to how this feature should be defined in a
clear and workable way (23, 253) and it should not be left to Police to come up
with their own definition without any public consultation. [The use of regulations
generally in relation to defining an MSSA is discussed in further detail below.]
108. 40 submissions opposed this paragraph because they considered that a free
standing pistol grip should not be a feature that qualified a semi-automatic
firearm as a MSSA. They argue that it is a cosmetic feature that poses no
threat to public safety (76), constitutes a safety feature which enhances the
control and use of a firearm upon the action of firing (62, 112, 114), and its
exclusion would clarify the legislation.
21

109. Six submissions supported or did not oppose the definition of pistol grip being
incorporated in regulations provided that that they were first subject to public
consultation to some degree (with one submission proposing the use of a
special committee).
Comment
110. The Bill is not intended to fundamentally change the 1992 Amendment Act's
definition of MSSA and the inclusion of a pistol grip as a feature that would
qualify a semi-automatic firearm as a MSSA is a key part of that definition.
111. The Lincoln judgment has not provided a clear, unambiguous and workable
definition of a free-standing pistol grip. The decision interpreted free-standing
as being a grip that is independent of the stock. The Judge stated that a pistol
grip could be "attached" to the firearm without being an integrated part of
another part of the firearm. Also the Lincoln decision interpreted military style
as being the same as meeting military specifications and Police is still of the
view that Parliament in 1992 intended to restrict firearms that had a feature
which had the appearance of a feature found on firearms designed for military
rather than sporting application.
Recommendation
It is recommended that there be some technical drafting changes to this paragraph
for purposes of clarification.
Regulations (new paragraphs (b), (c) and (d))
112. These paragraphs provide that a MSSA includes a firearm declared by
regulation to be a MSSA, a firearm of a type described in regulations as a
MSSA, and a firearm that has a feature defined or described in regulations as a
feature of a MSSA.
Submissions
113. There were 109 submissions on or relating to these paragraphs. They were all
opposed to allowing firearms being classified as a MSSA or a firearm feature
being defined as a feature of a MSSA through regulations because these did
not go through the same process of public scrutiny and consideration by select
committee as an Act of Parliament. Most saw these regulation making powers
as giving Police complete discretion (with no parliamentary oversight) to decide
what firearms would be classified as MSSAs without any need to consult.
Submissions noted that it is not specified in these paragraphs that the firearm
needs to be a semi-automatic (65, 250) and regulations could include manually
operated firearms such as bolt actions and double barrelled shotguns (111).
Another submitter argued that is difficult to envisage any firearm that has none
of the characteristics contained in paragraph (a) of the definition that should by
any reasonable standard be considered a MSSA. Therefore it is unlikely that
any regulation declaring a firearm to be a MSSA would be consistent with the
intent of parliament (65).
22

114. Two submitters (64, 218) considered that firearms technology or firearms
design did not change much and so there was no need to be able to use
regulations for responding to ongoing changes in a timely way. Other
submitters (92) argued that regulations should only be used for minor and
inconsequential housekeeping matters in the Arms Act such as licence fees.
Another submitter (96) cited the example of when the Police advised gun
owners in June 2009 of a revised interpretation of what constituted a MSSA
(which was overturned in respect of one type of firearm by the Lincoln High
Court decision).
115. There was also a view that the use of regulations to define what is an MSSA
creates uncertainty over what will constitute an MSSA in the future (145).
116. 16 submissions recommended that any regulations should be first subject to
public consultation to some degree (with one submission proposing the use of a
committee).
Comment
117. The use of regulations in the definition of MSSA is discussed in the preceding
section of this report that looked at the major issues. A lot of the opposition
from submitters involves some misunderstanding as to what is involved in the
making of, and the role of, regulations. The advice provided by Police in 2009
as to their revised interpretation of what sort of stocks now qualified a firearm to
be an MSSA was not an example of regulations.
118. It is acknowledged that the wording of the paragraphs could be tightened.
Specifically, the regulation making power could be explicitly limited to semiautomatic
firearms. Amending the Bill so that regulations made pursuant to
paragraphs (b) to (d) in the definition of an MSSA must be confirmed by statute
annually would create a further parliamentary check on the proposed
regulations.
Recommendations
� It is recommended that paragraphs (b), (c) and (d) in clause 4(1) of the Bill be
amended so that the firearms to be declared to be MSSAs by regulation are
limited to semi-automatic firearms and that there be other changes of a technical
nature only for reasons of legal clarification.
� It is recommended that the Bill be amended to provide that any regulations made
pursuant to paragraphs (b) (c) or (d) in the definition of an MSSA must be
confirmed by statute annually. If confirmation is not provided within that period
the regulations would become invalid.
(2) "restricted airgun"
119. There is a new description of a restricted airgun because these airguns are
made subject to import controls in later clauses of the Bill. Restricted airguns
are defined as airguns that have the appearance, with or without attachments,
of being a pistol, restricted weapon or MSSA, and airguns designed for use in
23

airsoft or paintball sports that have the appearance, with or without
attachments, of being a firearm that is capable of full automatic fire.
Submissions
120. 56 submissions commented specifically on the creation of this definition
(although many more commented on the later clauses restricting these
airguns). 43 opposed restricted airguns being established as a special
category of airgun that would have additional controls to ordinary airguns. Nine
submissions (58,155, 180, 192, 193, 196, 200, 217, 229) supported this
definition with reservations around how the matter of appearance would be
interpreted.
121. The reasons that submitters opposed the definition are that:
� A large number of such airguns are already in NZ (100,000 plus in the
view of one submitter and up to 500,000 in the view of another (218, 219))
which will make controls on restricted airguns ineffective, with no effect on
the incidents of their misuse involving police (37, 73, 97). It will take at
least decades before there is any noticeable decline in their availability to
criminals (57, 97).
� There is no statistical evidence that these airguns represent a substantive
threat to public safety (37, 96, 97) with the number of incidents per year
viewed as a low level of serious offending and not sufficient justification
for new restrictions (57, 211).
� These airguns are viewed as the least powerful of airguns and of no real
safety concern when lawfully used (62). One submitter complained that
they were being treated the same way as heavily regulated firearms
(MSSAs) based on their appearance and not their function, which was
confusing and not justified (207).
� The current offending involving these airguns is driven perhaps by a lack
of understanding by sections of the public of the serious consequences of
misbehaving with these very low powered airguns (62) and this could be
addressed by education and enforcement of the current law. Some
submissions (80, 97, 211) suggested some form of public education
programme in schools and on TV. Some submissions also suggested that
it be mandatory that a pamphlet on the safety and lawful use should be
provided [by dealers] to all purchasers of these airguns (207, 211).
� There are plenty of teeth in the existing Arms Act to control the incidents
of the misuse of these airguns (111).
� This will seriously inconvenience a large number of people involved in
clubs across the country involved in simulated war games and the
businesses who supply these airguns to these people (182, 221). It will
unnecessarily penalise law abiding citizens, particularly young people who
learn how to properly handle firearms through first using airguns (48, 50,
86, 90). There was also a view expressed that it will lead to criminals
resorting more to knives, axes, machetes, baseball bats etc for robberies
which have the potential to inflict more injuries than toy guns (127, 140,
221).
24

� What has the appearance of a MSSA, restricted weapon or pistol is a
subjective matter and could lead to much disagreement (96). Most
airguns, and even toys, will look like a real pistol to a police officer or to a
member of the public in any number of circumstances (193).
� There is no point in having import controls because there were no
ownership controls and once restricted airguns were in the country they
can be lawfully owned and used by anyone over the age of 18 years
without a licence as is the case with other airguns at present (111).
� Criminals will simply resort to illegal ways of importing these airguns
(136).
122. Another submitter considered that it will make it too difficult to import any air
pistol because all/most of the current models, whatever made of and whatever
they fire, resemble real pistols (50). One suggestion was that, if the definition
did proceed, there be a database/photo library created jointly by Police and
Customs to assist the public with determining what is and what is not a
restricted airgun (58, 155, 180, 196, 200, 217).
123. One submitter (131) suggested that the same process that applies to importing
a firearm should be used, ie a permit to import and a firearms licence. Another
submitter (163) suggested an alternative option of requiring these airguns to be
painted in bright neon colours or have an orange tip on their barrel to ensure
they would not be mistaken for real firearms.
124. Another submitter (183) stated that paintball markers never look like the real
thing (because of oversized barrels to cope with the projectile size, Hopper feed
systems, and external airlines) and still work and so would not be covered.
125. Two submitters (148, 187) considered that a distinction should be made
between different types of airguns according to their use and power and
proposed that the definition should be limited to the higher powered ones (eg
those used for hunting).
126. Two submitters (192, 229) supported the subclause with the reservation that
the phrase in subparagraph (ii) of paragraph (b) of the definition "has the
appearance, with or without attachments, of being a firearm that is capable of
fully automatic fire" is unnecessarily broad and open to interpretation. It was
suggested that it be replaced with "has the appearance, with or without
attachments, of being a firearm that requires a Class E firearms
endorsement and is capable of fully automatic fire" (193) or "has the
appearance, with or without attachments, of being a firearm that requires a
Class C or E licence" (229).
Comments
127. There is no getting round the fact that it is difficult for anyone including police to
differentiate between what has been defined as restricted airguns and real
firearms and so people have to act as if they were real. This creates a very
real incentive for these airguns to be used by criminals and others, including
children and young people, for intimidation purposes. As one submitter stated
(44) these import controls on these particular airguns represents a first step.
25

There have also been over 600 injuries in the period 2002 to 2009 from the
misuse of these airguns (38 MSC).
128. It is quite deliberate policy that paintball markers that do not look like real
pistols, MSSAs or restricted weapons would not be covered by this definition.
Also the provision is directed at the appearance of airguns rather than their
power. It is correct that the intention is to include airguns designed for airsoft or
paintball sports that have the appearance of restricted weapons (which may not
be clear from the current wording).
129. It is not considered necessary to apply the full firearm licensing system to
restricted airguns.
Recommendation
It is recommended that this clause be amended to clarify that it is to cover airguns
designed for airsoft or paintball sports that have the appearance of restricted
weapons.
(3) the definition of sporting configuration is repealed
130. This subclause repeals the current definition of sporting configuration because
it is not used in the Bill's new definition of MSSA.
Submissions
131. 23 submissions opposed the removal of a definition of a firearm in sporting
configuration because they considered that there will be no way to refer to a
semi-automatic firearm that is not in "military style" or not classified as a MSSA
and this will compromise the clarity of the legislation. Some of these
submissions suggested some modification to the current definition.
132. One submission specifically supported the removal of the definition (223).
Comment
133. Semi-automatic firearms that are not MSSAs will be treated under the Act the
same as all other firearms that are not MSSAs, pistols or restricted weapons
(which is the status quo). Police use the term "A category" for these firearms
because there are no additional restrictions on them and they do not require the
owner to have a B, C, E or F endorsement. There is no need to have a subcategory
within the A category known as "firearms [or semi-automatic firearms]
in sporting configuration" because there will be no special legal requirements
for these particular firearms.
26

Recommendation
It is recommended that there be no change to this sub-clause.
Clause 5
134. Clause 5 amends section 16 so as to add restricted airguns (as defined in
section 3) to the list of firearms and weapons that a person shall not bring or
cause to be brought or sent into New Zealand otherwise than pursuant to a
permit issued to that person by a member of police.
Submissions
135. 108 submissions specifically commented on this clause or on the nature of the
import controls. Eight submissions supported the import controls set out in the
Bill. Two of these submissions supported the provision provided it did not apply
to parts of airguns (139, 179) and one submission (139) supported the controls
but recommended that airsoft gun club designated armourers (recognised by
Police) be excluded from requiring a permit for importation.
136. Three submissions (139, 178, 179) wanted clarification around the special
reasons to import restricted airguns (proposing that the reasons should include
belonging to an airsoft club affiliated to Airsoft Sports NZ).
137. 84 submissions opposed these controls. A further 19 submitters who also
opposed this clause misinterpreted it as constituting a ban on the import of
these airguns, which is not the case. The reasons that submitters provided for
their opposition to the controls are set out above in the discussion of clause
4(2) that sets out a definition of restricted airgun.
Comment
138. The Bill was not intended to require import permits for parts of restricted airguns
and so the Bill should be amended to reflect this.
139. It is acknowledged that for reasons of transparency and guidance the public
would benefit from being provided with some examples of what may be viewed
as a special reason by NZ Police for the importation of restricted airguns.
Police is not proposing that these be included in either primary or secondary
legislation. Special reasons are not standard reasons and each presentation of
a special reason by a person wishing to import a MSSA, pistol, restricted
weapon or restricted airgun has to be considered on a case by case basis.
While some reasons may end up being recurrent to an extent, they should not
be viewed as being automatically acceptable in all cases and so it would not be
appropriate to include them in a list in legislation (even a non-exclusive list)
which would provide entitlement to importers in all such cases. Police is
working on internal operational advice in respect of special reasons that could
be placed on the Police website. This will be consulted on with representatives
of user groups.
27

Recommendation
It is recommended that this clause be amended so that parts of restricted airguns are
not required to have import permits.
Clause 6 - Burden of proof
140. Clause 6 amends section 17 so that it refers to acts in relation to restricted
airguns in addition to the other firearms and weapons listed.
Submissions
141. 18 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clause 5 which prohibits the import of
restricted airguns without an import permit. Two supported it.
Comment
142. This amendment needs to be made as a consequence of the amendment to
section 16 by clause 5.
Recommendation
It is recommended that there be no change to this clause.
Clause 7 - Issue of permits to import firearms or parts of firearm
143. Clause 7 amends section 18 to include references to restricted airguns. The
amendments provide that, as is currently the case with the importation of
pistols, MSSAs, and restricted weapons, no application for a permit to import a
restricted airgun shall be granted otherwise than by the Commissioner of Police
who shall first be satisfied that there is a special reason why the restricted
airgun should be allowed into New Zealand.
Submissions
144. 18 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clause 5 which prohibits the import of
restricted airguns without an import permit. Two supported it. As stated
previously, a number of submissions that supported the controls on restricted
airgun had some concerns around how the matter of special reasons would be
interpreted by Police.
Comment
145. This amendment needs to be made as a consequence of the amendments to
section 16 by clause 5. As advised earlier, Police is working on internal
operational advice in respect of special reasons that could be placed on the
Police website. This will be consulted on with representatives of user groups.
28

Recommendation
It is recommended that this clause be amended so that parts of restricted airguns are
not required to have import permits.
Clause 8 - Samples
146. Clause 8 amends section 18B to included references to restricted airguns
Submissions
147. 18 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clause 5 which prohibits the import of
restricted airguns without an import permit. Two submissions supported the
clause.
Comment
148. This amendment needs to be made as a consequence of the amendment to
section 16 by clause 5.
Recommendation
It is recommended that there be no change to this clause.
Clause 9 - Seizure of illegally imported firearms or parts of firearms
149. Clause 9 amends section 19 of the Act so as to add restricted airguns to the list
of firearms and weapons that can be seized by Police or Customs if they have
been brought into New Zealand in breach of section 16(1).
Submissions
150. 19 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clause 5 which prohibits the import of
restricted airguns without an import permit. Two supported it.
Comment
151. This amendment needs to be made as a consequence of the amendment to
section 16 by clause 5.
29

Recommendation
It is recommended that this clause be amended so that parts of restricted airguns are
not covered by it.
Clause 10 - Right of appeal from official decisions
152. Clause 10 repeals subsection 62(1) and replaces it with new subsections to
provide a new ground of appeal to the District Court in respect of decisions
made under the Act. This allows a person who must apply for certain specified
permits or an endorsement as a result of a firearm being determined to be a
military style semi-automatic firearm to appeal that determination.
Submissions
153. 13 submissions supported this clause subject to police being liable for costs if
they lost a case, and one supported it without qualification.
154. 8 submissions opposed this clause because it was considered superfluous.
This was because these submitters opposed the use of regulations to classify
types and models of firearms as MSSAs. This regulation making power was
either misunderstood to be the same as the Commissioner of Police making
determinations as to what firearms will be classified as MSSAs or else the
submitters misunderstood the power of appeal to apply to regulations that were
made (rather, than is the case, to decisions of Police).
Comment
155. This clause is intended to provide reassurance to gun owners that they have
recourse to the courts if they are in disagreement with a decision of Police
interpreting their firearm to be a MSSA under the Arms Act, and that the District
Court decision will be final (i.e. Police will not be able to appeal it). It is merely
an extension of current appeal provisions in section 62 in respect of Police
decisions. The awarding of costs is determined by the court.
Recommendation
It is recommended that there be no change to this clause.
Clause 11 - Regulations
156. Clause 11 amends section 74 to expand the regulation-making powers to
permit regulations that
� define a pistol grip for the purposes of the definition of military style semiautomatic
firearm
30

� declare a firearm to be a military style semi-automatic firearm
� describe a type of firearm as a military style semi-automatic firearm
� define or describe features of a firearm as features of a military style
semi-automatic firearm.
Submissions
157. There were 70 submissions on or relating to this clause. They were all
opposed to these regulation making powers. The reasons are the same as set
out in the analysis of submissions on the paragraphs of the new definition of
MSSA that provide for the use of regulations to declare a firearm to be a MSSA,
a firearm of a type described in regulations to be a MSSA, and a firearm that
has a feature defined or described in regulations to be a feature of a MSSA.
Comment
158. There is some misunderstanding from submitters as to what is involved in the
making of and the role of regulations. They are scrutinised by Ministers before
they are signed by the Governor-General as an Order in Council and there is
also the oversight of the Regulations Review Committee. It is also consistent
with the approach adopted in the Act for classifying weapons as restricted
weapons and for determining which firearms are classified as antique firearms
in addition to what comes under the definition of antique firearm. There is
already provision in section 74 for making regulations defining firearms either
generally or for the purposes of any particular provision of the Act (paragraph
(1)(m)).
159. It is acknowledged that the wording of the clause could be tightened.
Specifically, the regulation making power could be explicitly limited to declaring
semi-automatic firearms as MSSAs and explicitly exclude pistols to be
consistent with the definition of MSSA in clause 4.
Recommendation
It is recommended that clause 11 be amended so that regulations are limited to
declaring semi-automatic firearms (not any firearms) to be MSSAs and explicitly
exclude pistols, to be consistent with the new definition of MSSA in clause 4.
Part 2 - Consequential amendments
Clause 12 - Amendments
160. Clause 12 comprises 2 sets of amendments to the Arms (Restricted Weapons
and Specially Dangerous Airguns) Order ("the Arms Order"): one (amended
clause 1A) relating to the definition of specified pre-charged pneumatic air rifles
which was inserted into the Arms Order on 15 October 2010 by an Amendment
Order that included these air rifles as specially dangerous airguns; the second
(new clauses 4 and 4A) relating to an amendment to the Schedule to the Arms
Order which declares certain weapons to be restricted weapons for the
purposes of the Arms Act.
31

Specified pre-charged pneumatic air rifles (clause 12(2))
Submissions
161. Seven submissions supported clause 12(2)'s redefinition of specified precharged
pneumatic air rifles. Six additional submissions (183, 192, 205, 213,
217, 229) supported the revised definition with the reservation that they
considered that the phrase "and are in the same configuration as when they
were manufactured" should be deleted as most, if not all, paintball markers are
modified in some way (be it cosmetically, barrels, grips, loaders, etc) which has
no impact on the safety of paintball markers.
162. 10 submissions opposed this sub-clause because it was considered irrelevant
and would achieve nothing (232, 233).
Comment
163. The amendment to the definition of specified pre-charged pneumatic air
rifles is designed to ensure that the exclusion of air rifles used in airsoft and
paintball sports does not extend to such air rifles that are subsequently modified
to enhance their fire capability. The reference to the same configuration was
intended to refer to those parts of the air rifle that affect its function and
firepower, and is not directed at changes to the grip or barrel that do not change
firing capability.
Recommendation
It is recommended that there be no change to this clause.
Schedule to Arms Order (clause 12(3))
Submissions
164. 13 submissions supported the new clauses 4 and 4A of the Arms Order
excluding certain firearms and airguns from the list of restricted weapons in the
Schedule. Two submissions (192, 229) supported clause 4A with the
reservation that they considered that the phrase "and are in the same
configuration as when they were manufactured" should be removed as most, if
not all paintball markers are modified in some way (be it cosmetically, barrels,
grips, loaders, etc) which has no impact on the safety of paintball markers.
165. 10 submissions opposed this clause because it was considered irrelevant and
would achieve nothing (232, 233)
32

Comment
166. The inclusion of the phrase "in the same configuration" is designed to ensure
that the exclusion of airguns used in airsoft and paintball sports does not extend
to such airguns that are subsequently modified to enhance their fire capability.
The reference to the same configuration was intended to refer to those parts of
the airgun that affect its function and firepower, and is not directed at changes
to the grip or barrel that do not change firing capability.
Recommendation
It is recommended that there be no changes to this clause.
Clause 13 - Amendments to Arms Regulations 1992
167. This states that sections 14 to 18 amend the Arms Regulations 1992.
Submissions
168. 14 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun (clause 4(2)) and clauses 5 to 9 of the Bill
which prohibit the import of restricted airguns without an import permit, which
they opposed.
Comment
169. These amendments to the Arms regulations need to be made as a
consequence of the amendments to sections 16 to 19 of the Act by clauses 5 to
9.
Recommendation
It is recommended that there be no amendment to this clause.
Clause 14 - Heading above regulation 10 amended
170. This amends the heading above regulation 10 to include reference to restricted
airguns.
Submissions
171. 14 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clauses 5 to 9 of the Bill which
prohibit the import of restricted airguns without an import permit, which they
opposed.
33

Comment
172. This amendment to the Regulations needs to be made as a consequence of the
amendment to sections 16 to 19 of the Act by clauses 5 to 9.
Recommendation
It is recommended that there be no amendment to this clause.
Clause 15 - Permits to import firearms, pistols, military style semi-automatic
firearms, starting pistols, or restricted weapons
Submissions
173. 13 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clauses 5 to 9 of the Bill which
prohibit the import of restricted airguns without an import permit, which they
opposed.
Comment
174. These amendments to Regulation 10 need to be made as a consequence of
the amendment to sections 16 to 19 of the Act by clauses 5 to 9.
Recommendation
It is recommended that there be no amendment to this clause.
Clause 16 - Place of application
Submissions
175. 14 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clauses 5 to 9 of the Bill which
prohibit the import of restricted airguns without an import permit, which they
opposed.
Comment
176. These amendments Regulation 11 need to be made as a consequence of the
amendment to sections 16 to 19 of the Act by clauses 5 to 9.
Recommendation
It is recommended that there be no amendment to this clause.
34

Clause 17 - Identification numbers
Submissions
177. 15 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clauses 5 to 9 of the Bill which
prohibit the import of restricted airguns without an import permit, which they
opposed.
Comment
178. These amendments to the Regulation 12(1) need to be made as a
consequence of the amendment to sections 16 to 19 of the Act by clauses 5 to
9.
Recommendation
It is recommended that there be no amendment to this clause.
Clause 18 - Notification of importation
Submissions
179. 14 submissions opposed this clause because it was consequential upon the
new classification of restricted airgun and clauses 5 to 9 of the Bill which
prohibit the import of restricted airguns without an import permit, which they
opposed.
Comment
180. These amendments to the Regulation 13 need to be made as a consequence
of the amendment to sections 16 to 19 of the Act by clauses 5 to 9.
Recommendation
It is recommended that there be no amendment to this clause.
35

SECTION D: SUMMARY OF RECOMMENDED CHANGES
Part 1 - Amendments to principal Act
Clause 4 -
Interpretation:
"MSSA"
Clause 4 -
Interpretation:
"restricted
airgun"
� Paragraph (1)(a): It is recommended that there be amendment to
the part of the definition of MSSA that describes a semiautomatic
firearm to ensure technical accuracy.
� Subparagraph (a)(vi): It is recommended that there be some
technical drafting changes to this paragraph for purposes of
clarification.
� Paragraphs (b) (c) and (d): It is recommended that these
paragraphs of clause 4(1) of the Bill (inserted by clause 4) be
amended so that the firearms to be declared to be MSSAs by
regulation are limited to semi-automatic firearms and that there
be other changes of a technical nature for reasons of legal
clarification.
� It is recommended that paragraph (b) of this definition be
amended to clarify that it is to cover airguns designed for airsoft
or paintball sports that have the appearance of restricted
weapons.
Clauses 5 to 9 � It is recommended that these clauses be amended so that they
do not insert references to parts of restricted airguns into sections
16 to 19 of the principal Act.
Clause 11 -
Regulations
� It is recommended that clause 11 be amended so that regulations
are limited to declaring semi-automatic firearms (not any
firearms) to be MSSAs and explicitly exclude pistols to be
consistent with the new definition of MSSA in clause 4.
New Clause � It is recommended that the Bill be amended to provide that any
regulations made pursuant to paragraphs (b) to (d) in the
definition of an MSSA must be confirmed by statute annually. If
confirmation is not provided within that period the regulations
would become invalid.
36

Index of Submitters
- in numerical order
No Name Organisation
1 Anthony Leo
Gilbert
2 Aaron Gallen
3 Andy Hulme
4 Bill Atkinson
5 Brent Bailey
6 Brett D Rennie
7 Chaz Forsyth
8 Christopher E.
Mooney
9 Christopher Rae
Finlay
10 Colin Jansen
11 Corne Ferreira
12 Dan Teeboon
13 Dargaville Firearms
and Militaria
Collectors Club
14 Dave Farnum
15 David E.
Stevenson
16 David Gilchrist
17 David Matthew
Holden Tipple
18 Derek Kelly
19 Doug Graham
20 Douglas Grant
McHardy
21 Fletcher Dumbar
22 Fred Singleton
23 Gary Elmes
24 Graeme McMilllan
25 Jason Welsh
26 John Vaughan &
Company
(Pat Williams)
27 Kevin Robert Gill
28 Kramer Pierce
29 Leslie
Prendergast
30 Mark D McNicholl
31 Mark Fogarin
32 Matthew Smyth
33 Michael Andrew
Sawyer
34 Murray Steedman
35
National Shooters
Association
Executive
36
New Zealand
Ammunition Co Ltd
(Paul L Clark)
37 NZ Antique and
Historical Arms
Assoc
37
38
APPENDIX 1
(Northland Branch)
NZ Mountain Safety
Council
(Mike Spray)
39 Nicholas Cobbett
40 Paul Cooper
41 Philip Michael
Cregeen
42 Richard Elliot
43 Sporting Shooters
Association of New
Zealand - Northland
Branch
44 Stuart Thomas
Hall
45 Raymond John
Trembath
46 Trent Helmbright
47 Trevour Gerald
Toi
48 Young's Airgun
Centre Ltd
(Ron Young)
49 Mark Gibbon
50 Alan Douglas
Walker
51 Tim Ford
52 David Vaughan
53 Tony Stewart
54 Heiko Franz
55 Wilson Penman
56 Alan James
Webster
57 Outdoor Brands Ltd
(Andrew David
Mercer)
58 Armageddon
Paintball Ltd
59 Daniel Hows
(withheld)
60 Duncan McKee
61 Gifford Goldsmith
62 James Henry
63 John William
Gerald Smith
64 Lindsay
Sandilands
65 Omni Target Club
(Aaron Quintal)
66 Peter Heatley
67
Secretary, NZ
Service Rifle Assoc
Inc.
(Stuart Hayman)
68 Kevin Haskell
69 Gun City Ltd

(Tim)
70 Kyle Allan Spear
71 He Li
72 Auckland Service
Rifle Assn Inc.
(Stuart Hayman)
73 Stuart Hayman on own behalf
74 Paul W Deeming
75 Vincent Weng
76 Sean Wickham
77 N M Preece
78 Steve Henderson
79 R K Dean
80 NZ Antique and
Historical Arms
Assoc. Inc.
81 Jason Williams
82 James Jones
83 Gregg Sheehan
84 Christopher
Rapsey
85 Bruce Murdoch
86 Lee Harper
87 Sue
88 Helena
89 David V Selby
90 David Kay
91 Anna Wahl
92 Robert Douglas
Wilson
93 Paul Deeming
94 Richard W Fisher
95 Paul de Montalk
96 Paul Langley
97 New Zealand Sports
Industry Association
98 Graham L Pask
99 Deborah Ann
Eves
100 Jeremy
101 David Craze
102 Grant William
Rankin
103 Cornelius Eckard
104 Far North Firearms
and Shooting
Association
105 Hawkes Bay
Firearms and
Shooting Association
106 Kaitaia Pistol Club
107 Kopanga Pistol Club
108 NZ Armed
Constabulary Force
Reenactment Society
(John Osborne)
109 New Zealand Muzzle
Loading Association
Inc
(John Osborne)
110 New Zealand Society
of Gunsmiths Inc
(John Osborne).
111 Rodney M Woods
112 Wayne Foulkes
38
113 Alan Dickson
114 Brad McAloon
115 Bruce Hendrie
116 Colin Ridley
117 Craig Benbow
118 John Dyer
119 Narelle Pierce
120 Grant Coldicott
121 Grant Beesley
122 Evan Riggir
123 David Ernst Elling
124 David A Wood
125 Brendon Carl
Scott
126 Wellington Service
Rifle Association
127 Sporting Shooters
Association of New
Zealand
128 Peter Michael
Selby
129 NZ Law Society
130 Nathan Smith
131 Mr Gerard John
Veugelaers
132 Darryn
133 Dr Joseph Wildy
134 Clive Biddulph
135 Brian John
Cotton
136 Bob Doll
Enterprise
137 Alexander A
Heintz
138 Alan Gillard
139 Airsoft Auckland
140 Jonathan Beaver
141 John H S White
142 Joel Brodrick
143 Jimmy Kay
144 Jason Davis
145 Grant E Cullen
146 Giles Hunter
Wildy
147 Francois van New Plymouth
Driel
148 Endre Bernhardt
149 Andrew Bourne
150 Mike Loder
151 Mike Clephane
152 Paul Rennie
153 Mathew Pawson
154 Martin Wills
155 New Zealand
Paintball Industry
(Martin Dannefaerd)
156 Marcel van
Leeuwan
157 Ken Snowden
158 Kelly Morris
159 Grant Wallis

160 Carl Sigvertsen
161 Richard Yang
162 Richard Cleghorn
163 Redwolf Airsoft
Specialist ltd.
164 Ralph Cerecke
165 R B Spanton
166 Paul Nankivell
167 Nigel Savelkoel
168 Umarex
(Oliver Lux)
169 Rory Clarke
170 Scott Parker
171 Scotty Nankivell
172 Sean Regan
173 Shaun Hayward
174 Stephen
Goodman
Waikato Rifles (chief
range officer)
175 Terence Wayne
Douglas
176 Westcoast Air
Rangers Club
177 Aaron Mathie
178 Airsoft Hawkes Bay
Inc. (Eion Chadwick)
179 Airsoft Sports NZ
(Stuart Mcllwain et al)
180 Anthony Bold
181 Ben Dover
182 Christian Metzler
183 Christopher G
Angus
NB - leader of
Paintball operators
Group, Industry
184 Clifton Graeme
Barrow
185 Daniel Hansen
186 Dave Underwood
187 Edward Little
188 Gary Burch
189 Glen Corby
190 Joe Doubleday
191 John Howat
192 Michael Earley
193 National Rifle
Association of New
Zealand
(D E Crow)
194 Nicole McKee
195 Nigel Filby
196 New Zealand
Paintball Players
League
(Jason Newport)
197 Pak Tong
198 Paul Guinibert
199 Paul Strand
200 Robert Smith
201 Rommel de
Jesus
202 Michael
Hindmarsh
203 Charles Davies
204 Christopher Small
205 Finian
Heckenberg
39
206 Hamill's Retail Group
(John Herbert)
207 New Zealand Antique
Arms Association of
Canterbury
208 TradeMe
(Mike O'Donnell)
209 William John
Terry
210 International Military
Arms Society Inc
211 Joel Sanders
212 John Bryce
213 Karl Roe
214 Matt
Featherstone
215 Michael Mitchell
216 Michael Rule
217 New Zealand Council
of Licensed Firearm
Owners Inc
218 Paulus B Telfer
219 New Zealand
Deerstalkers’
Association
220 Nicholas Fisher
221 Nicholas John
Dillimore
222 Paul Sheather
223 Phillip James
Robert Officer
224 Pistol New Zealand
225 Spencer Lloyd
Thomas
226 Timothy Walter
Randle
227 Trent Bishell
228 Lech Beltowski
229
Industry &
Recreational
Paintball Players
(Grant McNeil)
230 Megan Frewin
231 Richard Downey
232 Bruck O. Muench
233 Neil Hayes
234 Peter Keysers
235 Prashantha
Kunaratnam
236 NZ Deerstalkers’
Association, South
Canterbury Branch
Kerry O'Rourke
237 Raymond G.
Dawson
238 Les Hurford
239 Malvern Branch of
NZ Deerstalkers
Assn
(Jules J. Snoyink)
240 Military Adventure
Group
241 Bernard Lim
242 John Maine

243 Richard Lincoln
244 David R Nash
245 David Crowther
246 Daryll Benson
Savage
247 Grant M
Hammond
248 Patrick C
Cosgrove
249 R Mihaljevich
250 Scott Baldwin
251 Shane Simpson
252 Simon Robert
Potter
253 Tony McKinnon
254 Virginia Sharp
255 Warwick Stainton
256 Xiao Hong
257 Tobin Bradwell
40

Index of Submitters
- in alphabetical order
(organisations first)
No Name Organisation
139 Airsoft Auckland
178 Airsoft Hawkes Bay
Inc. (Eion Chadwick)
179 Airsoft Sports NZ
(Stuart Mcllwain et
al)
58 Armageddon
Paintball Ltd
72 Auckland Service
Rifle Assn Inc.
(Stuart Hayman)
13 Dargaville Firearms
and Militaria
Collectors Club
104 Far North Firearms
and Shooting
Association
69 Gun City Ltd
(Tim)
206 Hamill's Retail Group
(John Herbert)
105 Hawkes Bay
Firearms and
Shooting Association
229
Industry &
Recreational
Paintball Players
(Grant McNeil)
210 International Military
Arms Society Inc
26 John Vaughan &
Company
(Pat Williams)
106 Kaitaia Pistol Club
107 Kopanga Pistol Club
239 Malvern Branch of
NZ Deerstalkers
Assn
(Jules J. Snoyink)
240 Military Adventure
Group
193 National Rifle
Association of New
Zealand
35
(D E Crow)
National Shooters
Association
Executive
36
New Zealand
Ammunition Co Ltd
(Paul L Clark)
207 New Zealand Antique
Arms Association of
Canterbury
41
APPENDIX 2
No Name Organisation
217 New Zealand Council
of Licensed Firearm
Owners Inc
219 New Zealand
Deerstalkers’
Association
109 New Zealand Muzzle
Loading Association
Inc
(John Osborne)
155 New Zealand
Paintball Industry
(Martin Dannefaerd)
196 New Zealand
Paintball Players
League
(Jason Newport)
110 New Zealand Society
of Gunsmiths Inc
(John Osborne).
97 New Zealand Sports
Industry Association
37 NZ Antique and
Historical Arms
Assoc
(Northland Branch)
80 NZ Antique and
Historical Arms
Assoc. Inc.
108 NZ Armed
Constabulary Force
Reenactment Society
(John Osborne)
236 NZ Deerstalkers’
Association, South
Canterbury Branch
Kerry O'Rourke
129 NZ Law Society
38
NZ Mountain Safety
Council
(Mike Spray)
65 Omni Target Club
(Aaron Quintal)
57 Outdoor Brands Ltd
(Andrew David
Mercer)
224 Pistol New Zealand
163 Redwolf Airsoft
Specialist ltd.
67
Secretary, NZ
Service Rifle Assoc
Inc.
(Stuart Hayman)
127 Sporting Shooters

No Name Organisation
Association of New
Zealand
43 Sporting Shooters
Association of New
Zealand - Northland
Branch
208 TradeMe
(Mike O'Donnell)
168 Umarex
(Oliver Lux)
126 Wellington Service
Rifle Association
176 Westcoast Air
Rangers Club
48 Young's Airgun
Centre Ltd
(Ron Young)
2 Aaron Gallen
177 Aaron Mathie
113 Alan Dickson
50 Alan Douglas
Walker
138 Alan Gillard
56 Alan James
Webster
137 Alexander A
Heintz
149 Andrew Bourne
3 Andy Hulme
91 Anna Wahl
180 Anthony Bold
1 Anthony Leo
Gilbert
181 Ben Dover
241 Bernard Lim
4 Bill Atkinson
136 Bob Doll
Enterprise
114 Brad McAloon
125 Brendon Carl
Scott
5 Brent Bailey
6 Brett D Rennie
135 Brian John
Cotton
115 Bruce Hendrie
85 Bruce Murdoch
232 Bruck O. Muench
160 Carl Sigvertsen
203 Charles Davies
7 Chaz Forsyth
182 Christian Metzler
8 Christopher E.
Mooney
183 Christopher G
Angus
9 Christopher Rae
Finlay
84 Christopher
Rapsey
204 Christopher Small
184 Clifton Graeme
Barrow
NB - leader of
Paintball operators
Group, Industry
42
No Name Organisation
134 Clive Biddulph
10 Colin Jansen
116 Colin Ridley
11 Corne Ferreira
103 Cornelius Eckard
117 Craig Benbow
12 Dan Teeboon
185 Daniel Hansen
59 Daniel Hows
(withheld)
132 Darryn
246 Daryll Benson
Savage
14 Dave Farnum
186 Dave Underwood
124 David A Wood
101 David Craze
245 David Crowther
15 David E.
Stevenson
123 David Ernst Elling
16 David Gilchrist
90 David Kay
17 David Matthew
Holden Tipple
244 David R Nash
89 David V Selby
52 David Vaughan
99 Deborah Ann
Eves
18 Derek Kelly
19 Doug Graham
20 Douglas Grant
McHardy
133 Dr Joseph Wildy
60 Duncan McKee
187 Edward Little
148 Endre Bernhardt
122 Evan Riggir
205 Finian
Heckenberg
21 Fletcher Dumbar
147 Francois van
Driel
22 Fred Singleton
188 Gary Burch
23 Gary Elmes
61 Gifford Goldsmith
146 Giles Hunter
Wildy
189 Glen Corby
24 Graeme McMilllan
98 Graham L Pask
121 Grant Beesley
120 Grant Coldicott
145 Grant E Cullen
247 Grant M
Hammond
159 Grant Wallis
102 Grant William
Rankin
83 Gregg Sheehan
71 He Li
New Plymouth

No Name Organisation
54 Heiko Franz
88 Helena
62 James Henry
82 James Jones
144 Jason Davis
25 Jason Welsh
81 Jason Williams
100 Jeremy
143 Jimmy Kay
190 Joe Doubleday
142 Joel Brodrick
211 Joel Sanders
212 John Bryce
118 John Dyer
141 John H S White
191 John Howat
242 John Maine
63 John William
Gerald Smith
140 Jonathan Beaver
213 Karl Roe
158 Kelly Morris
157 Ken Snowden
68 Kevin Haskell
27 Kevin Robert Gill
28 Kramer Pierce
70 Kyle Allan Spear
228 Lech Beltowski
86 Lee Harper
238 Les Hurford
29 Leslie
Prendergast
64 Lindsay
Sandilands
156 Marcel van
Leeuwan
30 Mark D McNicholl
31 Mark Fogarin
49 Mark Gibbon
154 Martin Wills
153 Mathew Pawson
214 Matt
Featherstone
32 Matthew Smyth
230 Megan Frewin
33 Michael Andrew
Sawyer
192 Michael Earley
202 Michael
Hindmarsh
215 Michael Mitchell
216 Michael Rule
151 Mike Clephane
150 Mike Loder
131 Mr Gerard John
Veugelaers
34 Murray Steedman
77 N M Preece
119 Narelle Pierce
130 Nathan Smith
233 Neil Hayes
39 Nicholas Cobbett
220 Nicholas Fisher
43
No Name Organisation
221 Nicholas John
Dillimore
194 Nicole McKee
195 Nigel Filby
167 Nigel Savelkoel
197 Pak Tong
248 Patrick C
Cosgrove
40 Paul Cooper
95 Paul de Montalk
93 Paul Deeming
198 Paul Guinibert
96 Paul Langley
166 Paul Nankivell
152 Paul Rennie
222 Paul Sheather
199 Paul Strand
74 Paul W Deeming
218 Paulus B Telfer
66 Peter Heatley
234 Peter Keysers
128 Peter Michael
Selby
41 Philip Michael
Cregeen
223 Phillip James
Robert Officer
235 Prashantha
Kunaratnam
165 R B Spanton
79 R K Dean
249 R Mihaljevich
164 Ralph Cerecke
237 Raymond G.
Dawson
45 Raymond John
Trembath
162 Richard Cleghorn
231 Richard Downey
42 Richard Elliot
243 Richard Lincoln
94 Richard W Fisher
161 Richard Yang
92 Robert Douglas
Wilson
200 Robert Smith
111 Rodney M Woods
201 Rommel de
Jesus
169 Rory Clarke
250 Scott Baldwin
170 Scott Parker
171 Scotty Nankivell
172 Sean Regan
76 Sean Wickham
251 Shane Simpson
173 Shaun Hayward
252 Simon Robert
Potter
225 Spencer Lloyd
Thomas
174 Stephen
Goodman
Waikato Rifles (chief
range officer)
78 Steve Henderson
73 Stuart Hayman on own behalf

No Name Organisation
44 Stuart Thomas
Hall
87 Sue
175 Terence Wayne
Douglas
51 Tim Ford
226 Timothy Walter
Randle
257 Tobin Bradwell
253 Tony McKinnon
53 Tony Stewart
227 Trent Bishell
46 Trent Helmbright
47 Trevour Gerald
Toi
75 Vincent Weng
254 Virginia Sharp
255 Warwick Stainton
112 Wayne Foulkes
209 William John
Terry
55 Wilson Penman
256 Xiao Hong
44