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Thread: Owing an A-cat AR-15 + a bolt action rifle with 'MSSA' features

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  1. #11
    P38
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    Quote Originally Posted by ishoot10s View Post
    From the Police Firearms Manual 2002. This is not legislation, but it demonstrates the circumstances where you could be at risk. Also quotes the case I think referred to above...

    1.19 Possession of a large capacity magazine for an MSSA
    “If a person has in their possession both the body of a semi-automatic firearm, and a magazine capable of holding more than seven cartridges then they cannot fit themselves within the exemption of having a weapon in sporting configuration. To find otherwise would make a nonsense of the amendments in 1992 which were specifically designed to limit the use of these firearms following the Aramoana multiple fatality.” (Police v Noel Bruce, Wellington District Court, 30 May 1996, Judge C Somerville). In this case both the large capacity magazine and the firearm were found in circumstances that made it reasonable to believe that they had been used together, that is, the magazine had been fitted to the firearm.

    So if you have an excuse firearm in close proximity to the hi cap mag, you are golden. If you don't, you are at risk. By excuse firearm, I mean an E endorsement firearm of the correct type for that hi cap mag, or a non semi firearm that the hi cap mag will fit such as the Remington 7615 pump or similar in the case of AR mags.
    ishoot10s

    Thanks for this.

    From this statement it appears that the Judge found that it was reasonable to believe that the Large Capacity Magazine in question "HAD" been fitted to the Semi Automatic Firearm.

    This does not mean that if you had in your possession a large capacity magazine that "COULD Fit" a semi automatic firearm that it was indeed used in said semi automatic firearm.

    A reasonable defence for this would be to maintain that said large capacity magazine was purchased with the intention to and only ever used in the Bolt Action Rifle Dannz described.

    Without proof to the contrary I believe this defence would be sound as you haven't actually committed any offence.

    Being in possession of a bolt action rifle with a free standing pistol grip that may or may not also fit an A Cat semi automatic rifle also in your possession does not mean you intend to fit said free standing pistol grip to the Semiautomatic rifle therefore making it fit the Ecat description.

    I don't believe you have committed any offence unless you actually fit said magazine or pistol grip or what ever to the semi automatic rifle without holding the appropriate endorsement and registering said firearm as such.

    Cheers
    Pete
    Yukon, mikee and Dannz like this.

 

 

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