Thread: Constitution and controls on firearms ownership

Originally Posted by JWB

Thank you.
"Concept", not law, "Implied", not stated anywhere,

"No specific law". What is not forbidden is allowed.

One is only required to secure firearms when they are not under your personal supervision. Should one wish to have a firearm in hand while wandering your property, watching TV, reading a book or going to bed, then there is no prohibition to doing so as it is under your personal supervision. They are in possession of a firearm for a lawful purpose which could be self-protection or protection of their family.
I humbly posit that yes, for practical purposes, you can rely on firearms for self defence. At least on your own property. You certainly cannot rely on the police to protect your person or your family. They always turn up after the event to catalogue the victims.
You are responsible for you and your families protection.
Wasn't Baden-Powell's line "Be prepared".

Quite true! You may lawfully carry a firearm in your own home provided it remains under your personal supervision. Any such 'self-defence' use will be subject to extreme scrutiny and will have to satisfy the provisions of the law to avoid prosecution. Regarding the Bill Of Rights 1688 etc., such protection is given under NZ legislation by The Imperial Laws Application Act 1988 which specifically includes British Constitutional Enactments from 1275 through to 1910, plus another three pages of them. Section 5 of the Act states "Application of Common Law of England - After the commencement of this Act, the Common Law of England (including the principles and rules of equity), so far as it was part of the laws of New Zealand immediately before the commencement of this Act, shall continue to be part of the laws of New Zealand". That is our guarantee, as well as the Treaty of Waitangi that grants those same rights to all NZ'ers. Your comment earlier about Protestants being allowed arms is merely an extension of the laws that were enjoyed by Catholics (Catholicism having been the official religion at the time) to all other citizens. The right of the general population to "possess arms for their defence" is not only personal defence but also a collective guarantee to prevent the political and military subjugation of the population, and thereby ensure the continuation of the principles of the Bill of Rights 1688 and the Statutes of Wesminster 1275, more commonly known as democracy! That is why an application for a Firearms Licence that meets the lawful criteria is subject to a 'shall issue' instruction in the Arms Act. No discretion is given.

From the NZ Bill of Rights:

Life and security of the person

Right not to be deprived of life
No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

And from...

SECTION 48 of the Crimes Act 1961 provides:

Everyone is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.

This defence recognises that people have a right to defend themselves against violence or threats of violence, so long as the force used is no more than is reasonable for that purpose. The law does not require people to wait until they have been attacked before taking action to protect themselves.