Review of Firearms Control in New Zealand
June 1997
Report of an Independent Inquiry Commissioned by the Minister
of Police
ISBN 0-477-01796-7, Copyright 1997
Summary
On 22 August 1996 the Minister of Police asked me to make an
independent review of our arms control arrangements, and such
recommendations for their improvement as seemed appropriate. At
the same time he invited interested persons to make written
submissions. In the result some 2,880 submissions were received,
signed by more than 3,500 people, and conveying the views of a
much greater number if account is taken of the membership of the
organisations which made submissions on their members'
behalf.
The breadth of public interest in arms control displayed by
those submissions, which proved to mirror a world-wide upsurge of
interest in improving methods of arms control over recent years,
showed the need for a document setting out the central findings
and conclusions of the Review in more digestible and less
expensive form than the full report, which runs to around 300
pages. This summary attempts to fill that need. Gun control is a
complex business. Those whose interests go beyond the material in
the summary should seek the justification for its assertions in
the report itself. The relevant sections of the report are
identified in square brackets throughout the summary.
T M (Sir Thomas) Thorp
Auckland, 30 June 1997
WHERE WE ARE NOW
Our Present System of Firearms Control New Zealand's gun laws
are contained in the Arms Act 1983, which was amended in 1992
after the Aramoana killings. In essence the Act provides:
- A system for the licensing of users every ten years. This is
intended to screen out unsuitable persons and reduce their access
to firearms. Few restrictions are placed on licensed
shooters.
- Registration of about 4 percent of guns -- namely automatic
weapons, military style semi-automatics (MSSAs) and handguns. No
records are maintained of the remaining 96 percent of firearms.
[Part 2.2] Essentially the system is a "Licensing/No
registration" system. Although this system provides useful
control of shooters, even at that level it has definite
limitations:
- There is no foolproof mechanism to prevent dangerous people
from obtaining licenses, and unsuitable persons can and do get
access to firearms even though they are unlicensed.
- The system provides insufficient information about individual
firearms to provide the basis for firearms control.
Those circumstances, plus deficiencies in administration, make
the present system ineffective. At $7.5M per annum for licensing
activities in addition to $3.6M per annum for investigations and
prosecutions, it is also an expensive system for what it
provides. [Part 5]
How We Chose That System
Throughout most of our history firearms have been regarded as
familiar and useful tools which caused few social problems, so
firearms controls were not a high priority. That relaxed view
began to change in the 1960s when the increases in crime which
had occurred throughout the Western World arrived here:
Total Reported Offences per 1,000 Population
1895-1995 
Source: Statistics New Zealand, New Zealand Now Crime
Tables (1996)
With those increases came increases in criminal violence, and
in gun crime. The gun register accordingly gained new
significance. However when attempts were made to use the register
it was found that this was spread over 16 district offices, in
loose paper form, and was very difficult to use. Instructions
were given to get it in order on the basis that the work be done
when time permitted. Other competing calls on police energies
meant that the register continued to deteriorate. A search then
took place for some new system which would provide a measure of
control within the resources then being made available for such
work, as it was considered further resources would not be made
available. This resulted in the decision in 1982 to abandon
records of firearms and to rely upon a more intensive screening
of applicants for firearm licences. Those who passed that test
would get lifetime licences and be free to acquire whatever
number of firearms they wished.
There were mixed views about the wisdom of relying on controls
over licensees and abandoning controls over firearms themselves.
But there was little public opposition, and in senior police
councils resource arguments, and the belief that any additional
funds could be better used for more urgent needs, prevailed. Thus
the "licensing but no registration" policy, which is still the
basis of our arms control system, was introduced in the Arms Act
1983.
That policy was challenged after the shooting of 13 people at
Aramoana by a young man who held a 1983-style licence. His
licence entitled him to own as many firearms as he chose, and he
used two MSSAs for the purpose. This raised calls for tighter
controls. The parliamentary response was the 1992 Amendment Act.
It added MSSAs to the list of weapons which had to be registered,
revoked the 1983 lifetime licences and required shooters to apply
for new ten-year licences, for which they had to pay additional
fees. That last provision was considered by many shooters to
breach assurances given them during the consultations which
preceded the 1983 statute, and their dissatisfaction was one
cause of poor compliance with the 1992 Relicensing Project.
However the 1992 Amendment did not alter the licensing/no
registration basis for arms control which had been introduced in
1983. [Part 2.2]
The Use and Misuse of Firearms in New Zealand
The abandonment of registration of firearms in 1983 persuaded
the Police that collecting information about firearms was no
longer a necessary part of firearms control. That decision has
Left no adequate base from which to calculate the number of
firearms in this country, let alone the numbers which lie
respectively within and without the law. Nor is it possible to
achieve close definition of the numbers of shooters, or the
volumes of and trends in gun misuse. Similar difficulties have
been experienced overseas in countries which do not have close
gun controls.
In the result, putting New Zealand into a comparative table is
only possible on a "best fit" basis, as both our own and the
overseas statistics are weak. However, proceeding on that basis,
and applying the results of such surveys and sampling exercises
as the Review was able to carry out in the time available, the
Review's conclusions as to the New Zealand situation are as
follows.
Numbers of Guns
There are probably between 700,000 and 1,000,000 firearms in
New Zealand. On a population basis that puts our rate of gun
ownership at about one-third of that in the United States, in the
same general rank as Canada and Australia (at least before the
latter's recent ban and buy-back of semi-automatics), and well
ahead of the United Kingdom and most European countries.
Gun imports, at between 10,000 and 15,000 per annum, are
unlikely to maintain the armoury at that level. Most classes of
weapon will reduce in number unless there is a new enthusiasm for
guns. The exception is handguns, which have increased in number
with the growth in popularity of pistol shooting as a competitive
sport.
In the nature of things it is impossible to get an accurate
count of the numbers of guns held for criminal purposes. However,
there is clear evidence of a substantial pool of illegal guns
which is periodically refreshed by purchases, theft and burglary,
and (to a lesser extent) by illegal imports. It has been
variously estimated at between 10,000 and 25,000, and could be
higher, though that seems unlikely.
Other findings are that:
- the favoured weapon for robberies is the sawn-off
shotgun;
- the cheapest illegal guns are shotguns, which have an average
price of around $100, whereas pistols usually fetch over
$1,000;
- handguns are used in crime to a greater extent than their
proportion of the national armoury; and
- guns used in domestic violence are mostly owned by the
offenders, but guns used for other criminal purposes are
generally stolen by the offenders, or acquired from acquaintances
and friends and probably stolen. [Part 2.3]
Numbers of Shooters
At the conclusion of the present licensing project there are
likely to be about 210,000 licensed shooters, a substantial drop
from the 327,000 licensed in 1991. Part of the difference
represents those who have elected not to re-license. However,
continuing reductions in the numbers of applicants for firearm
licenses and of game licenses issued, and the continuing
urbanisation of society, all point to a downward trend in the
numbers of shooters which is not merely temporary. A 1985
estimate anticipated annual increases in the number of firearms
licensees of around 3.6 percent. The picture today is rather one
of a gradually ageing gun-user population which is unlikely to
increase in numbers unless recent trends in public attitudes
towards firearms are reversed.
The arms code permits the use of guns by unlicensed persons
who are "under the immediate supervision" of a licensee. Attempts
to determine how many persons do in fact use guns made only
modest progress. However, an AGB McNair household survey found
that there were 1.8 "users" of each firearm, which suggests that
there are 350,000 to 400,000 people using firearms. The same
survey found that one in five households has at least one
firearm. That figure relates closely to Australian and Canadian
estimates [Part 2.4]
Numbers of Firearms Offences
There are some 4,000 firearms offences each year, a level
which is higher than was the case prior to 1980, but has not
increased over the past six years.
In overall terms firearms play only a small part in
inter-personal violence in New Zealand, being used in about 1.7
percent of all violent crime. It is, however, the most serious
offences in which firearms are most likely to be used, and the
consequences of firearm offending may be particularly grave.
In assessing the significance of present levels of firearm
crime it is useful to consider whether its increase has been out
of proportion with other violent crime, or has merely followed
the general trend. The best available information suggests the
latter.
Total Reported Offences and Reported Violent
Offences, 1960-1996
Source: New Zealand Police
As can be seen on this graph, violent crime rose steeply from
1993 to 1995 during the time when overall offending levelled off.
Part of the rise may have been caused by changes in the law and
reporting of domestic violence, but once that and other known
factors are taken into account, the picture is still one of
violent crime rising steeply through to 1991. From 1991 to 1996
there continued to be an increase but at lesser and more uneven
rates.
The homicide rate has fallen since 1991, but aggravated
robbery is still increasing:
Homicides per 1,000, 1980-1996 
Source: New Zealand Police
Aggravated Robbery per 1,000 
Source: New Zealand Police
Over the past 15 years firearm crime has increased at a
slightly lower rate but generally in sympathy with violence
overall. The following graph shows firearm offending remaining a
relatively stable proportion of all violence.
Proportion of Violent Offences Involving
Firearms 
Source: New Zealand Police
In summary, increases in firearm crime have been less than in
all violent crime but have followed its trend sufficiently
closely to make it probable that firearm crime is a subset of
violent crime, and that violence is leading firearm crime, not
the reverse. The level of firearm crime is not increasing in such
a way as to suggest a crisis, but it is sufficiently high to give
grounds for concern and to require further endeavours to reduce
it.
The two recent developments in firearm crime which give
particular grounds for concern are the increased numbers of mass
shootings, and evidence of increased readiness on the part of
criminals to collect guns for use in criminal enterprises.
Mass Shootings
Although there is a deeply felt public abhorrence of mass
killings and a great desire to do something about them, there is
no consensus as to their causes, nor as to those measures which
are likely to prevent their recurrence. [Part 3.1]
The report examines the roles of mental health, and of
different types of firearms, especially military style firearms,
in mass killings. It concludes that claims that mass killers
typically have "a long history of mental health problems and
violent behaviour" are not supported by the evidence. Rather, if
there is any single characteristic which is common to most mass
shooters, it is "social impotence", leading the person concerned
to feel isolated from society and to respond with ever more
bizarre and aggressive behaviour. [Part 6.1.5]
As to the types of weapons used, these have varied, but the
report notes that the use of MSSAs for mass killings, although
not a majority use, occurs in a much higher proportion of cases
than those firearms have in the total gun population.
While on present information no realistic hope can be held out
that action can be taken which will substantially affect the risk
of further mass killings, the report does propose steps designed
to reduce that risk to some degree. [Parts 6.1.1 and 6.1.5]
Relative Levels of Firearm Crime
In terms of relative levels of firearm crime, our gun crime
rate is much less than the United States, but comparable with
those in Canada and Australia, the Canadian figures for gun
homicide being somewhat higher, probably because of its
relatively high handgun population. [Part 3.4]
Gun Suicides
By far the majority of deaths from firearms are suicides. They
make up 73 percent of firearms deaths, firearm crime 16 percent,
and accidents 9 percent. Recent increases in suicides have given
New Zealand one of the highest rates of suicide, and particularly
of youth suicide. The increase in gun suicides has been less than
the overall increase, but is still at an all-time high. The
special hazard of firearm suicide is that firearms are one of the
most lethal methods of suicide, ranking in lethality just below
hanging. Again there is no clear remedy, but steps proposed to
reduce the availability of guns in the home should help. [Part
3.2]
Accidental Deaths and Injuries Involving Firearms
Accidental deaths from firearms have averaged nine per year
since 1980, less than 1 percent of total accidental deaths, most
of which are motor vehicle fatalities. Although accidental deaths
and injuries from firearms had declined over earlier decades,
they have shown no consistent increase or decrease in recent
years. Lately the rate of accidental deaths in New Zealand has
been significantly higher than that in Australia, where the
accidental death rate has continued to fall. It is suggested we
learn from Australian experience.[Part 3.3]
Degrees of Control of Firearms
A United Nations draft report released last month puts New
Zealand towards the middle of the international scale of degrees
of control save in the one respect of "a record keeping system
for firearms", where our abandonment of that type of control puts
us in the minority of countries without such systems. The report
also shows that recent changes of attitude in New Zealand
certainly do not run ahead of international concerns and desires
to achieve closer control over firearms. [Part 4.4]
CHANGES IN ATTITUDE
Public Concerns
Submissions to this Review have shown a broadening and
intensification of the concerns which had emerged in 1991 about
the numbers of guns and the volume of gun crime. This was again
expressed most strongly by women and women's organisations, but
was broadly based.
The submissions also showed that there are still strong
feelings on both sides of the argument. Most gun owners want to
retain the limited restrictions and inexpensiveness of the
present system. Most non-shooters express concerns about the
level of violence within society and, perceiving firearms to be
instrumental in this trend, argue for tighter gun controls.
However, in the 1996 submissions, for the first time, a
significant number of shooters declared their acceptance of the
need to consider further controls. That change of view resembles
those which preceded the major reforms of gun laws in Canada
(1995) and Australia (1996).
Police Opinion
The internal review conducted by the Police in May 1996
described the present system as "effective" but in need of some
amendment to ensure that it "maintains its high level of
integrity".
It was an early and central conclusion by this Review that the
present system is fundamentally defective, and that arms control
work has suffered from being repeatedly put behind other
apparently more urgent police duties. That view was communicated
to the Police as early as November 1996. In April 1997 the Police
advised that further consideration had convinced them that there
was need for a radical change. Later a formal "Police Response"
forwarded to the Review on 2 May 1997 confirmed a major shift in
the Police position, and that they accepted that the issues which
had arisen during the Review, and "international trends in arms
compliance", indicated the need for "a different category of
control".
Overseas Opinion
Within the last two years Canada, Australia and Great Britain,
have all legislated major reforms of their gun control systems,
and the United Nations has set up a substantial committee
structure dedicated to reducing arms trafficking and improving
members' domestic arms controls.
In part this upsurge in interest has been a reaction to mass
shootings, such as Dunblane and Port Arthur. In part it has come
from the out-flow of surplus military equipment after the end of
the cold war and the breakup of the USSR and the Warsaw Pact
armies. Whatever the reason, there can be no doubt that such an
upsurge has occurred, or that it shows no sign of abating, or
that the signs of a movement towards closer gun controls
observable here are at least as apparent in most other Western
countries, and in such diverse societies as Germany, India and
Japan which, with Australia and Canada, have been leading the
charge at the United Nations.
THE WAY FORWARD
The Need for a New Approach
Standing back from the specific issues it is clear that there
is a need for a totally new approach to firearms control. As this
has now been accepted by the Police, the issues are the manner
and timing of reform, not the need for it.
The Main Proposals for Reform
There are limits to the ability of statutes or regulations to
reduce the misuse of firearms. In the long term, promoting
responsible attitudes to gun use and ownership will undoubtedly
play as important a part in reducing misuse as changing the
formal system of gun controls. But a well-designed system can
help to encourage responsible attitudes, and to achieve a number
of other useful objectives which will ultimately have an effect
on firearm misuse. The report proposes a considerable number of
reforms designed to further three main objectives:
- Reducing the number or high-risk licensees;
- Increasing personal responsibility for firearms; and
- Reducing the availability of firearms for misuse.
Reducing the Number of High-Risk Licensees
This was the main thrust behind the 1983 Act, and remains a
sound objective. The report recommends that the current process
be improved by:
- disqualifying unsuitable persons from holding licenses for
defined periods of time; [Part 6.1.4]
- improving the vetting of licence applicants; [Part 6.1.4]
and
- giving health professionals power to report their concerns
about individuals with poor mental health who may have access to
firearms -- without fear of penalty. [Part 6.1.5]
Increasing Personal Responsibility for Firearms
Most shooters in New Zealand currently exhibit a responsible
attitude to their firearms arid their sport. This can be further
encouraged by:
- a firearm-specific licensing system and the registration of
all firearms; [Part 6.2.1]
- practical training of shooters; [Part 6.2.2]
- publicity and educational programmes to emphasise the
responsibilities attached to firearms; and
- setting responsible patterns of use by children. [Part
6.3.1]
The most controversial of these measures is likely to be the
registration of individual firearms and firearm-specific
licensing. The latter is the system used in Western Australia
which generally permits shooters to use only those firearms
listed on their individual licenses.
Much time was spent investigating the practicality and
benefits of registration, which received support from a wide
range of people, including many shooters, but was hotly opposed
by those who challenged the usefulness of closer controls. In the
end the report concludes that the reasons which led to the
abandonment of firearm registration in 1983 no longer present
compelling obstacles in 1997. Not only have technology and
methods of administration moved forward since then, but
experience has shown that the alternative of total reliance on
personal vetting does not meet the reasonable needs of our
society.
In addition, the benefits of a well-run registration system
should be sufficient to justify the estimated additional cost of
$2M per annum. The principal benefit would be greater personal
responsibility for firearms. Each firearm owner would know that
he or she was responsible and accountable for those firearms
listed on his or her licence. If he or she wanted to allow others
the use of those firearms, other than under direct supervision,
this would require a joint registration or a temporary permit.
Firearms stolen or used in crime, and later recovered, could be
traced to their owners. Selling or lending a firearm to an
unlicensed person would carry with it a risk of detection much
greater than under the present system.
Registration would also provide more information about firearm
ownership for management and policy decision-making, assistance
in solving crimes, and better protection for front-line police
when attending incidents involving firearms.
If this new system is to succeed it will be essential that an
adequate level of compliance is achieved -- and 90 percent should
be the minimum target. Considerable energy and commitment will be
needed to achieve this. Measures to that end should include:
- modern, efficient and user-friendly management; [Part
6.4];
- government funding of the establishment costs; [Part
6.2.1]
- the involvement of firearms users in the planning processes;
[Parts 6.2.1 and 7]
- technical systems to enhance the integrity of the
registration database; [Part 6.2.1] and
- effective publicity and educational programmes. [Part
6.3.7]
Reducing the Availability of Firearms for Misuse
The Review does not support broad programmes to reduce the
numbers of firearms and shooters, but does support targeted
measures to limit high-risk firearms. These include:
- banning MSSAs, with compensation for their owners; [Part
6.1.1]
- preventing major increases in the numbers of handguns; [Part
6.1.1]
- permanently deactivating restricted weapons; [Part
6.1.1]
- regular amnesties; [Part 6.1.2] and
- higher minimum standards of security in homes and dealers'
premises. [Part 6.1.3]
The most high-profile of these measures is likely to be the
ban and buy-back of military style firearms. The proposed ban is
narrower in scope than that in Australia, and is estimated to
cost $21M. The Review concludes that, on balance, the
Government's money would be better spent developing an efficient
Authority to manage firearms control than on buying back a
broader class of weapons.
The other measure which will affect many shooters directly is
the proposal to revise security conditions to provide four grades
of security, proportionate to the risk involved in the type and
number of firearms being secured and the extent of public access.
It is suggested that details of the new rules be worked out by a
special committee of persons with appropriate expertise, after
consulting user groups. The changes are likely to result in
additional cost for many shooters. However the Review found that
from the lowest to the highest areas of risk, there was an
unacceptable laxity in the present arrangements, and has
recommended higher standards of security, to be set out in simple
and clear terms, and regularly monitored. [Part 6.1.3]
Who Should Implement the Reforms?
Much of the business of firearms administration requires
database management skills and other skills which are uncommon
within the police. organisation and not part of core police
business. This points clearly to contracting out registration,
licensing and fees collection to people with expertise in these
areas.
More fundamentally, the Review concludes that it would be
difficult for the Police to change the attitudes which have time
and again led them to defer arms work until other
responsibilities were met, or to implement major changes with the
energy and enthusiasm which successful implementation must
require. The pressures of other work on the Police are at least
as great today as on any of the previous occasions when competing
pressures operated to displace the reasonable needs of arms
control. For all these reasons, the report favours setting up a
Firearms Authority, either on a permanent basis, or with a
five-year sunset clause.
The long-term method of firearms administration is a matter
for the Government.
Whichever arrangement it may prefer, the reform process should
be managed by a body which is not part of; nor controlled by, the
Police. A special-purpose Authority with the sole objective of
advancing firearms control should provide:
- informed management of firearms administration by persons
with skills appropriate to that business;
- separate accountability for its performance;
- ongoing monitoring and research into firearms
regulation;
- a customer-service orientation; and
- the better use of modem technology to improve effectiveness.
[Parts 6.4 and 6.3.7]
Around the world concern about firearms is growing, and
evolving. There is continuing discussion within the "public
health" community on the subject of firearms control. The UN
Commission on Crime Prevention and Criminal Justice is actively
promoting measures to limit arms trafficking and to strengthen
domestic gun control systems. The proposed Authority will need to
keep abreast of those developments, and take advantage of the
experience of others who are pursuing similar goals. In
particular we should be able to get useful assistance from the
reforms proceeding in all the Australian States, which involve
changes to a wide variety of pre-Port Arthur systems. Reform of
firearms law must take time, and can best be advanced by a staged
programme of reforms. As more base data become available, and as
overseas developments unfold, it will be possible to refine and
develop the options proposed in the Review.
First Steps Towards Comprehensive Reform
As the first steps towards comprehensive reform, the report
recommends that the Government:
- establish a Firearms Authority as soon as practicable, and
not later than 31 December 1997;
- allocate additional resources to complete current
re-licensing and the follow up of non-responders by 30 June
1998;
- declare a general amnesty for a period of 12 months
commencing at the earliest convenient date;
- determine the extent of any ban and buy-back, and authorise
the new Authority to manage it over an appropriate period in
1998; and
- direct the new Authority to assist in the drafting of new
firearms legislation based on the Review's recommendations by 31
December 1998, with the intention of bringing a new Act into
force by 1 July 1999.
Longer-term developments
Longer-term development of effective controls will need:
- the collection of sound data about the numbers, use and
misuse of firearms in this country, a task attempted, but only
partly completed, by this Review;
- the definition of detailed reforms which relate to that
information;
- the management of the reform process by an Authority having
the reduction of misuse of firearms as its principal purpose and
objective; and
- the citizens of New Zealand, shooters and non-shooters alike,
being satisfied:
- that the present level of misuse of firearms should not be
accepted; and
- that while there is no ground for expecting that closer
controls will provide an immediate and major reduction in
firearms misuse, they are a necessary step towards that goal.
[Part 7]
Top
Recommendations
Part 4.3 The arguments against further controls - the
"firearms debate"
1 That the new Firearms Act specifically provide that
self-defence is not a legitimate purpose for the acquisition of
firearms.
Part 6.1.1 Restricting the availability of high-risk
firearms
Restricted Weapons
2 That all restricted weapons be permanently disabled.
Handguns
3 That no handgun endorsee be permitted:
a) to own more than two handguns during the first 12 months
after gaining his or her endorsement; or
b) to own more than six handguns (not including muzzle-loading
handguns) at any time unless his or her club and the NZPA certify
that the standard of performance attained by that endorsee and
the nature of the competition(s) in which he or she has attained
that standard warrant approval of the purchase of additional
handguns up to a maximum of 12.
Military Style Semi-Automatics
4.1 That MSSAs, including those in sporting configuration (as
defined by a list of makes and models), be banned and made the
subject of a buy-back.
4.2 That an exemption be extended to those professionally
engaged in animal pest control who can establish that no other
firearm would be equally effective for their particular
business.
4.3 That a technical committee be formed to settle the list of
makes and models of firearm within the MSSA class.
Sporting Centrefire Semi-Automatics
5 That all other centrefire semi-automatics be limited to a
magazine capacity of seven cartridges.
Semi-Automatic and Pump-Action Shotguns
6.1 That semi-automatic and pump-action shotguns be limited to
a magazine capacity of two cartridges.
6.2 That the cost of limiting their magazine capacity be met
by Government.
6.3 That a technical committee settle an approved method or
methods of magazine limitation.
Details of Proposed Buy-Back
7.1 That the duration of the buy-back of MSSAs be
approximately six months.
7.2 That compensation be paid at market value for banned
firearms and accessories which can be used only with banned
firearms.
7.3 That compensation be paid to firearms dealers for any
proven loss of profits.
7.4 That a procedure be settled for assessing, paying and
dealing with disputes over compensation.
Part 6.1.2 Recovering surplus guns
8.1 That a general amnesty be declared for a period of 12
months commencing at the earliest convenient date.
8.2 That the authority presently given to dealers by s 10(2)
of the Arms Act be extended to cover all types of firearm.
8.3 That consideration be given:
a) to police providing firearm storage facilities for a
moderate fee; and
b) to the establishment of prototype armouries in two
metropolitan centres for a trial period of up to two years.
Part 6.1.3 Improved security
9.1 That the present security regulations be replaced by
provisions which fix levels of security proportionate to levels
of hazard.
9.2 That a standing committee, including representatives of
the Police, the security industry, the NZ Insurance Council,
firearms users and firearms dealers, be set up to recommend new
security standards, review these annually and recommend
appropriate amendments.
9.3 That adequate provision be made in any new firearms
control system for regular and consistent monitoring of security
conditions.
9.4 That the practice of granting licences on the basis of
assurances of compliance with security conditions without
inspection of security be discontinued.
Part 6.1.4 Ensuring the suitability of firearms licensees
10.1 That the new Firearms Act specifically require every
applicant for a firearms licence to produce evidence of:
a) satisfactory security arrangements; and
b) the successful completion of an approved course in firearms
safety.
10.2 That the Firearms Authority endeavour to define, in
consultation with representatives of the Police, psychiatrists,
firearms users and family violence workers, a list of
characteristics which are likely to make a person unsuitable to
possess firearms, such list to be used to guide the exercise of
the discretionary powers to refuse and revoke firearms
licenses.
Disqualification Periods
11.1 That:
a) any person convicted of a "serious violent offence" be
disqualified from holding a firearms licence for five years;
b) any person convicted of a violent offence involving a firearm,
including the threatened use of a firearm, be disqualified from
holding a firearms licence for three years;
c) any person convicted of a violent offence against someone with
whom he or she is in a domestic relationship, within the meaning
in the Domestic Violence Act 1995, be disqualified from holding a
firearms licence for two years;
d) any person against whom a final protection order under the
Domestic Violence Act has been made be disqualified from holding
a firearms licence for two years.
11.2 That:
a) any person convicted of a violent offence other than one in
any of the above categories be disqualified from holding a
firearms licence for two years;
b) any person convicted of an offence against the Arms Act
punishable by imprisonment be disqualified from holding a
firearms licence for three years -
unless the Court declares the person to be suitable to hold a
firearms licence.
11.3 That the expiration of a disqualification period not in
itself be taken as evidence that the person is suitable to
possess a firearm. Improving the Vetting Process
12.1 That in all but exceptional cases two referees be
consulted as part of the vetting process.
12.2 That the police family violence database be consulted in
relation to each firearms licence applicant.
12.3 That the Firearms Authority confer with the National
Collective of Women's Refuges as to the practicality of including
a check with the local women's refuge in relation to each
firearms licence applicant.
12.4 That in those cases where there are concerns about the
suitability of a firearms licence applicant, the Police endeavour
to consult an independent referee.
12.5 That the Firearms Authority seek to develop a procedure
for the automatic notification of relevant convictions.
Part 6.1.5 Reducing the risk of misuse by the mentally
disordered
13.1 That the new Firearms Act include provisions:
a) permitting voluntary disclosure by health professionals,
generally along the lines of the model legislation recently
approved by the APMC, but in addition requiring that any opinion
so disclosed be formed "on reasonable grounds"; and
b) directing that the making of a Compulsory Treatment Order
under s 28 of the Mental Health (Compulsory Assessment and
Treatment) Act 1992 be notified to the Police forthwith and have
the effect of suspending any firearms licence during the
continuance of the order, such suspension to be lifted on proof
that the condition underlying the making of the order no longer
exists and that the person concerned is again a suitable person
to possess a firearm, and that in considering suitability for the
purpose of that procedure consideration be given to the
certificate of a "responsible clinician".
13.2 That within six months the Police:
a) take appropriate steps to set up, in collaboration with the
Ministry of Health and other governmental and professional
organisations involved in the mental health system, a working
party to establish protocols to enable the sharing of information
regarding persons with a mental health problem who have
possession of or access to firearms; and
b) consider introducing a training programme for police along the
lines of that introduced in the State of Victoria as Project
Beacon.
Part 6.2.1 Registration and licensing system
14.1 That the present licensing system be replaced by a
combined licensing/registration system based upon three-year
firearm-specific licenses, the new system to be introduced over
three years, commencing on 1 July 1999.
14.2 That after the introduction of the new system any person
who wishes to acquire a firearm and who still holds a 1992
licence be required to re-register under the new system. Death of
Licensees
15 That further provision be made for notification of the
death of licensees, this to take into account the length of
licenses under any new system.
Part 6.2.2 Training of shooters
16 That a steering committee be formed, including
representatives of the Firearms Authority, Police, Mountain
Safety Council, Association of Polytechnics in New Zealand, and
shooting groups to develop an approved syllabus and delivery
method for a firearms safety course, which would include a
practical training component.
Part 6.2.3 Sanctions for the misuse of firearms
17 That the new Firearms Act create offences for:
a) the breach of any security provision in a firearms licence;
and
b) the breach of the obligations created by any combined
licensing/registration system
- and provide a range of penalties appropriate to the
seriousness of such offending.
Part 6.2.5 Clear and comprehensible law
18.1 That the Arms Act 1983 and Arms Amendment Act 1992 be
repealed and replaced with a new Firearms Act.
18.2 That the new statute be drafted in plain language with
the goal of making the law in relation to firearms as clear and
accessible as possible.
Part 6.3.1 Airguns
19.1 That the discretion controlling specially dangerous
airguns presently contained in s 4 of the Arms Act 1983 be
retained, but in addition an appropriate level be fixed above
which high powered airguns be classified as firearms.
19.2 That less powerful airguns not be classified as
firearms.
19.3 That the minimum age for the use of lowpowered airguns be
reduced to 14 years, but that the minimum age for the purchase of
such guns remain at 18 years.
19.4 That provision be made for either:
a) requiring vendors of airguns to deliver to purchasers a
safety brochure and to obtain an undertaking from the purchaser
that no child under the age of 14 will be permitted to use the
airgun except under direct adult supervision, and that any child
aged 14 or over given control of the airgun will first be
instructed in its proper use and be required to read and study
the safety brochure; or
b) a "junior licence" category for persons 14 years and over
who wish to use airguns.
Part 6.3.3 Controls on the sale of ammunition
20 That purchases of ammunition be limited to those types of
ammunition appropriate to the firearms licensed to the
purchaser.
Part 6.3.4 Limiting the size of collections
21.1 That, provided Recommendations 2 and 9 are approved, no
restriction be placed on the size of firearms collections.
21.2 That, if those recommendations are not approved, the role
and purpose of C endorsements be reconsidered.
Part 6.3.5 Amendments proposed by NZ Customs Service
22.1 That the new Firearms Act incorporate the present effect
of s 16 of the Arms Act 1983 after deleting s 16(2) and adding a
proviso to the following effect: "Nothing in s 16 of this Act
makes it an offence to import a firearm where -
a) such importation is made by the arrival of a vessel in New
Zealand territorial waters from a point outside New Zealand;
and
b) all firearms are included in an Inwards Report made in
accordance with s 26 Customs and Excise Act 1996; and either
i) remain secured on that vessel in a place and manner
directed by a customs officer or member of the Police; or
ii) are removed to a place of security in accordance with s
141(b) Customs and Excise Act 1996."
- with consequential amendments to the legislation by
including in the definition clause the following definitions:
"Importation" means the arrival in New Zealand of a firearm or
part of a firearm in any manner whatever, whether lawfully or
unlawfully, from a point outside New Zealand; and "to import" and
"imported" have corresponding meanings.
"Ship" means a vessel used in navigation not being a vessel
propelled only by oars; and includes a hovercraft or
submarine.
22.2 That the new Firearms Act incorporate the present effect
of s 3(2)(a) of the Arms Act 1983 with the additional words:
"(v) An officer or agent of the New Zealand Customs
Service."
Part 6.3.6 Importation of undesirable weapons
23 That the new Firearms Act provide the Commissioner with a
discretion to refuse the importation of any specially dangerous
weapon unless the applicant for the permit can show a need which
cannot reasonably be met save by the use of such a weapon.
Part 6.3.7 Communication with the public and the use of
technology
24.1 That the Firearms Authority coordinate publicity and
educational campaigns on an ongoing basis.
24.2 That the Firearms Authority consider the use of:
a) a free-call telephone service;
b) an internet home page;
c) an on-line system linking its database to firearms dealers;
and
d) an electronic imaging system to manage licensees' files and
associated documents.
Part 6.3.8 Miscellaneous police recommendations
Search and Seizure
25 That the search and seizure provisions be amended to
authorise police to search for and seize a firearms licence under
the same conditions as relate to firearms and ammunition.
Range Safety
26 That the new Firearms Act include power for the Firearms
Authority to fix conditions for the establishment and operation
of ranges, and to monitor and enforce such conditions.
Part 6.4: The administration of firearms control
27 That Government set up a Firearms Authority either:
a) with a five-year sunset clause, administration then
reverting to the Police; or
b) if it be thought that competition with other police
business after re-integration would involve unacceptable risk of
the problems which have affected arms control in the past
recurring, on a permanent basis.
Part 7: The way forward
28.1 That the present Relicensing Project be completed and the
number of 1992 licences be settled by revocation of those 1983
licenses where there is continuing non-compliance with call-in
notices, by 30 June 1998.
28.2 That the proposed Firearms Authority be established as
soon as practicable and not later than 31 December 1997.
28.3 That a general amnesty be declared for a period of 12
months commencing at the earliest convenient date.
28.4 That the extent and terms of any buy-back be decided and
the Firearms Authority be authorised to manage it.
28.5 That the Firearms Authority be directed to assist in the
drafting of a new Firearms Act based on the recom-mendations of
this Review by 31 December 1998 with the intention of bringing
the new Act into force by 1 July 1999.
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Table of contents
Abbreviations
Acknowledgments
1. Introduction
1.1 Origins and Terms of Reference of Review
1.2 Procedure Adopted
1.3 Significance of Weak Information Base
1.4 Form of Report
1.5 Police Use of Firearms
2. Uses and Control of Firearms in New Zealand
2.1 The First 120 Years
2.2 How We Got The Present System: The Origins and Nature of
the 1983 Act and the 1992 Amendment
2.3 The Number of Firearms
2.4 The Number of Shooters
2.5 Firearms Organisations
2.6 Types of Use
2.7 Attitudes to Firearms and Firearms Control
3. The Misuse of Firearms in New Zealand
3.1 Criminal Misuse
3.1.1 Introduction
3.1.2 Overall levels of crime¾and violent
crime
3.1.3 Levels of firearm crime
3.1.4 Mass killings
3.1.5 Firearms and family violence
3.2 Suicide
3.3 Accidental Death and Injury
3.4 Conclusions
4. The Purpose and Principles of Firearms Legislation and "The
Firearms Debate"
4.1 The Purpose of Firearms Legislation
4.2 Conventional Methods of Control, and Their
Inter-Relationship
4.3 The Arguments Against Further Controls "The Gun
Debate"
4.4 Recent Movements in Overseas Opinion
5. The Effectiveness of the Present System of Firearms
Control
5.1 Strengths of the Present System
5.2 Weaknesses of the Present System
5.2.1 Absence of control over firearms, as distinct from
shooters
5.2.2 Ten-year licences
5.2.3 The competition of arms business with all other
police business
5.2.4 Complexity and awkwardness of the arms code
5.3 Viability of the Present System
5.4 Effect and Costs of the Enhancements Proposed in the May
1996 Review
6. Improving the Present System¾Options for Reform
6.1 Limiting the Availability of Firearms for Misuse
6.1.1 Restricting the availability of high-risk
firearms
6.1.2 Recovering surplus guns
6.1.3 Improved security
6.1.4 Ensuring the suitability of firearms licensees
6.1.5 Reducing the risk of misuse by the mentally
disordered
6.2 Promoting Responsible Attitudes to Gun Use and
Ownership
6.2.1 Combined registration and licensing system
6.2.2 Training of shooters
6.2.3 Sanctions for the misuse of firearms
6.2.4 Media portrayal of firearm violence
6.2.5 Clear and comprehensible law
6.3 Additional Proposed Reforms
6.3.1 Airguns
6.3.2 Controls on imitation firearms
6.3.3 Controls on the sale of ammunition
6.3.4 Limiting the size of collections
6.3.5 Amendments proposed by NZ Customs Service
6.3.6 Importation of undesirable weapons
6.3.7 Communication with the public, and the use of
technology
6.3.8 Miscellaneous police recommendations
6.4 The Administration of Firearms Control
7. The Way Forward
8. Conclusions
Appendices
1. Recommendations
2. Importation of Firearms, 1880-1996
3. Principal Firearms Incidents
4. APMC Resolution, 11 April 1997
5. Discussion Paper: Structural Options for Reform of Firearms
Administration
6. Incidence of Firearms and Firearms Users in New Zealand
7. Draft Security Conditions: for Settlement by an Expert
Committee
8. List of the Principal Persons and Organisations who Assisted
the Review
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