Thread: Should Have Been More Than a Warning

Unsecured shotgun and bong prompt police to issue warning

Unsecured shotgun and bong prompt police to issue warning | Stuff.co.nz

A callout to a bonfire in a small South Canterbury town has prompted police to issue a warning about the potential dangers of mixing drugs, alcohol and firearms.

Constable Craig Hedges, of St Andrews, said he was called to a bonfire in the backyard of a property at Pareora, just south of Timaru, where people had been drinking about 7.30pm on Thursday night.

While there were no issues with the bonfire, or those at the property, Hedges said the contents of a vehicle he stopped leaving the scene were cause for concern.

A plastic cannabis bong and unsecured shotgun were found in the car, he said.

The owner of the firearm said it had been left in the vehicle after he had been shooting rabbits earlier in the day, and agreed he should have properly secured it after using it, he said.

"He has been give a warning for the possession of the bong and we'll follow that up with the firearms officer as to whether we want to take it any further", Hedges said.

"The combination of drugs, alcohol and firearms don't mix, he wasn't using the firearm but he did have a firearm in his possession which could be of concern."

Hedges said the man was breath tested, however it produced a negative result.

The plastic bong had been destroyed, he said.

Further action might include educating the man around the use of firearms, Hedges said.

A police communications spokeswoman said firearms should be taken straight home and secured after use, rather than be left sitting in a car.

"Additionally, firearms owners are reminded that it is illegal to carry or use a loaded firearm in a vehicle", she said.

- Stuff

Why?

It was not loaded. The guy was under the drink limit and the fact that a bong was in the car doesn't mean he had been using it .
Silly not securing it, but hey ho

Its pretty meaningless to try and claim a gun in a car being driven by its owner is 'unsecured' isn't it?

It may potentially have been unsecured earlier in the evening, though if the owner was within sight of the car (and not too far away) you'd say it wasn't unattended. It would have been better to lock it away before going to the party for sure, but did he actually break any firearms law?

So I guess if he didn't do anything else wrong then we're just discussing whether a warning is appropriate for having a bong in your car.

I wish when you have people on your block list their threads also didn't show up.

Def should have been more than a warning. Have heard of a similar situation.

Mates pulled over in the middle of the night for crossing centreline, cop thought he'd been drinking. Shone torch round his truck and saw a bong, rifles had bolts out but tube magazine was still loaded and a magazine in glove box was loaded.
Driver wasn't under the influence and bong hadn't been used at all but it was still there
He lost his firearms for 6months. Didn't end up in court but bloody lucky.

As for secured.... What the hell is that? When driving mine are usually in a bag or hard case but not locked. If I'm leaving the vehicle (keeping it withen sight) I will lock case and cover with something and take bolts with me and of course lock the car

Why? Not condoning drugs and firearms together, but you can buy bongs from stores and even $2 shops these days. They're not illegal to own and as much as this story explains, He wasn't high nor was he intoxicated? Only thing he did wrong (in terms of legality) was store his firearm in the car unattended and even that wasn't a concern for more than a warning even in the eyes of our police. Everyone will have their own opinion about this but at the end of the day our media exaggerates 80% of what we read.

Originally Posted by Shahin

Why? Not condoning drugs and firearms together, but you can buy bongs from stores and even $2 shops these days. They're not illegal to own and as much as this story explains, He wasn't high nor was he intoxicated? Only thing he did wrong (in terms of legality) was store his firearm in the car unattended and even that wasn't a concern for more than a warning even in the eyes of our police. Everyone will have their own opinion about this but at the end of the day our media exaggerates 80% of what we read.

I'm not a lawyer, but I'm pretty sure they are illegal to own.

Originally Posted by systolic

I'm not a lawyer, but I'm pretty sure they are illegal to own.

Mate you're living in last century to say that! google it. They're known as tobacco water pipes (legal way to import them into nz) Absolutely not illegal to own but to smoke any illegal herb out of it is a different story. They're sold in $2 shops, shosha, and most adult stores. Pretty much anywhere you can buy a shisha pipe, you can a "tobacco water pipe"

Originally Posted by Shahin

Only thing he did wrong (in terms of legality) was store his firearm in the car unattended

Even thats just speculation, if he was close to the car it wasn't unattended (and if he did leave it unattended, its not like the police would have much luck making charges stick without evidence if he/his mates claimed otherwise).

Originally Posted by 223nut

Def should have been more than a warning. Have heard of a similar situation.

Mates pulled over in the middle of the night for crossing centreline, cop thought he'd been drinking. Shone torch round his truck and saw a bong, rifles had bolts out but tube magazine was still loaded and a magazine in glove box was loaded.
Driver wasn't under the influence and bong hadn't been used at all but it was still there
He lost his firearms for 6months. Didn't end up in court but bloody lucky.

A loaded gun and an unloaded gun are quite different situations.

Originally Posted by Shahin

Mate you're living in last century to say that! google it. They're known as tobacco water pipes (legal way to import them into nz) Absolutely not illegal to own but to smoke any illegal herb out of it is a different story. They're sold in $2 shops, shosha, and most adult stores. Pretty much anywhere you can buy a shisha pipe, you can a "tobacco water pipe"

Possession of instruments for the purpose of taking drugs
(eg, a pipe, bong, needles, syringes, spotting knife)
•one year imprisonment and/or $500 fine

Originally Posted by Pengy

Possession of instruments for the purpose of taking drugs
(eg, a pipe, bong, needles, syringes, spotting knife)
•one year imprisonment and/or $500 fine

Would they have to prove you took illegal drugs with it (or were intending to) instead of tobacco?

Originally Posted by Pengy

Possession of instruments for the purpose of taking drugs
(eg, a pipe, bong, needles, syringes, spotting knife)
•one year imprisonment and/or $500 fine

Yes that law is correct but only for untensils used for the purpose of drugs. I worked at shosha and we sold all of what I've mentioned legally. If the paraphernalia has contents of resin from an illegal product then it will come under This clause. But just like any other syringe, unless it has been used for the purpose of drugs, it's not illegal to own.

Originally Posted by Pengy

Possession of instruments for the purpose of taking drugs
(eg, a pipe, bong, needles, syringes, spotting knife)
•one year imprisonment and/or $500 fine

But the they would need to prove the instrument was actually for "the purpose of taking drugs" and unless they test the bong for drugs they cannot. You could very easily own it for legally smoking tobacco or natural legal herbs or even as a cigarette replacement to fiddle with in your mouth when quitting.

After reading the whole article closely, there was no law broken even suggested and it is pretty much a NON STORY. Another example of a headline for the sake of a headline.

He had a shotgun legally in his possession. It was not unattended at the time he was spoken to. (it may have been earlier IF he was not within sight of his car, but this was NOT alleged by the officer) While he did say it had been left in the car earlier in the day, it was not admitted that he had left the car unattended. If he had not left the car unattended then no law was broken here either. I

He was on his way home after rabbit shooting and had not partaken in alcohol as he was breath tested.

No laws broken, but suggestions for a better decision next time -Put rifle and /or bong in boot out of sight, perhaps...

Warning issued in this case would be around the suspicion that any of these could have happened to remind him that they shouldn't happen if indeed they had. There was the possibility for some not so smart decisions to be made in the situation so warning was more of a reminder.

Any editor with any integrity would have told the reporter to "F__k off and find a real story". It would be akin to writing a story about a warning being issued at a breathalyser stop to not speed on the straight a few Ks up the road just because you are in a V8....

I have a question? in NZ if the police issue you with a warning, do you have to accept it?

In th UK if you accept the warning then you are admitting wrong doing and it goes on your record.

We have been advised to never accept a warning till you have spoken to council.

There have been cases where once the warning has been accepted the firearms office then turned up and good by to your sport

I'm talking small stuff like not wearing a seat belt etc, would police HQ now go ahead with this in light of not getting all there proposals through?