Thread: Firearm licencing

Yep you have to understand that Prior to the Mosque shooting the Police were actively looking to make the licencing system an online platform and a number of the vetting officers were told they would no longer be required. This was the plan, however port the shooting we have now seen increased legislation being drafted (poorly)which increases the scope of factors which need to be addressed when a firearms licence application is made. We have also seen the creation of additional licence categories and a reduction in the time a firearms licence is valid.
Governments draft legislation without any regard to the flow on consequences of any agency involved, in this case the Police. The Police budget was not increased to cover the additional work load, hence the issues everyone is now facing. This Government have no regard for firearms licence holders and could not care less about the issues licence holders are facing.
You also have to remember that internal Police Policy and focus is set by PNHQ and with a commissioner who is very political his focus will not be on rectifying this as they do not have the funding, nor is it a priority.

For those questioning about the renewal of a firearms licence, Section 25 (1) outlines the process of renewals)
A firearms licence comes into force on the date specified in the licence and,
unless revoked or surrendered earlier,—
(a) expires 5 years from that date in the case of—
(i) a licence issued to a person who has never previously held a firearms licence; or
(ii) a licence issued to a person whose previous licence was revoked
or surrendered; or
(iii) a licence issued to a person who allowed their previous licence to
expire without applying for a new licence before the expiry date:
(b) expires 10 years from that date in any other case

The problem here is that we all have 10 year licences, which the act does not cover, so while you are covered during your renewal of a 5 year licence, it does not mention the renewal of a 10 year licence as your licence expires after 10 years and there appears to be no grace period.
I would urge all licence holders to download the new arms legislation and have a good look at everything this new act encompasses.
Check out section 24A fit and proper person, pay attention to section (C) which outlines some of the other legislation which is now included in the fit and proper person assessment, these were added and include the following

A Fit and proper person to possess firearm or airgun
(1) For the purposes of this Act, a member of the Police may find a person is not a
fit and proper person to be in possession of a firearm or an airgun if the member of the Police is satisfied that 1 or more of the following circumstances
exist:
(a) the person is charged with or has been convicted of an offence in New
Zealand or overseas that is punishable by a term of imprisonment
(including, but not limited to, an offence involving violence, drugs, or
alcohol):
(b) the person is charged with or has been convicted of an offence under this
Act:
(c) the person is charged with or has been convicted of an offence against—
(i) section 231A of the Crimes Act 1961; or
(ii) the Game Animal Council Act 2013; or
(iii) the Wildlife Act 1953; or
(iv) the Wild Animal Control Act 1977:
2020 No 23 Arms Legislation Act 2020 Part 1 s 42
45
(d) the person has, or has had at any time, a temporary protection order
made against them under—
(i) section 79 of the Family Violence Act 2018; or
(ii) section 14 of the Domestic Violence Act 1995:

Its important to read the above acts and look at the interpretations at the start of each act as these define the legal scope covered by the act, you many be surprised how open these interpretations are and how wide ranging section 24A is.
Note the key phase used throughout this legislation which is charged or convicted, you are guilty until proven innocent in this case, once charged you are no longer deemed to be a fit and proper person. I understand why this is drafted like this but its has a very open scope, Unfortunately most offences are punishable by imprisonment, it not your sentencing, you may not have gone to prison but if the offence is punishable by imprisonment it can be used against you.

The key thing to remember is that make sure everything related to your security and use of firearms is in order so that if you find your self in the unfortunate position of having your fit and proper person status questioned you can mitigate things by displaying that you are a responsible firearms licence holder. Believe me this fit and proper person clause gives the Police a lot of scope to challenge your status if they so desire.