Thread: Trademe licence glitch

Originally Posted by TheWuce

Okay sounds fun, lets do it.




"There is no right to own or possess firearms under New Zealand law"
"A member of the Police (Arms Officer) may issue a license if he or she is satisfied that the applicant is a “fit and proper person"

Source: https://www.loc.gov/law/help/firearm...newzealand.php




"43A Mail order sale of firearm or ammunition

(1)Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who sells by mail order a firearm or any ammunition for a firearm or restricted weapon otherwise than pursuant to a written order—

(a) signed by the purchaser; and

(b) bearing an endorsement signed by a member of the Police and stating that the member of the Police—
(i) has inspected the purchaser’s firearms licence; and
(ii) is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition."


Source: Arms Act 1983 No 44 (as at 01 October 2018), Public Act – New Zealand Legislation



"federal law doesn’t allow a person to order a firearm online and have it shipped to him or her across state lines directly. A person can shop online, do research online, identify a firearm, and even pay for it, but the transfer will still have to go through an FFL"

Source: https://www.nrablog.com/articles/201...ate-gun-sales/







"Only a “Police Form” from a Police email address, or the original, certified by a New Zealand Police District Arms Officer and mailed direct to the seller, will satisfy the Arms Actrequirement for the seller to take reasonable steps to ascertain whether you are a holder of afirearms licence, or in the case of an airgun, are of or over the age of 18 years old"

Source: http://www.police.govt.nz/sites/defa...ormation_0.pdf

The form being fill out is a legal requirement, however the act only requires as you quoted

(a) signed by the purchaser; and

(b) bearing an endorsement signed by a member of the Police and stating that the member of the Police—
(i) has inspected the purchaser’s firearms licence; and
(ii) is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition."

It is being challenged because the law requires a signed verified form stating the buyer has a license that the seller can rely on that a police officer has checked and the buyer is a legitimate FA license holder who you can send the firearm to.

The law does NOT require

a) the sellers Name, address or license details to be checked.
b) The details (or ANY details) of the firearm being purchased- (Though checking it is not stolen could be a good idea.)
c) And the law states it can be signed and checked by ANY warranted Police personnel- It does not need to go to the Arms office for checking.

These are additions that have been added by the police and the argument is whether they are allowed to legally require these when the law itself does not.

Essentially it is really only a statement of fact for the buyer that the seller does indeed have a licence. The Police form CAN have space for those other details IF NEEDED but they are not a LEGAL REQUIREMENT for the form to be processed. This is where the breaches are occurring when the officer tells a buyer that the form is incomplete and he cannot sign it, as long as it has the buyers name, address (?) and firearms license details and a stamped signature of a police officer, it is complete.