Thread: Who is responsible/accountable??

You might find this info interesting. It is written by a Lawyer who I understand consults to the NZDA.

Section 6 – The police stop your vehicle when you are the driver
- Recent law changes mean that the police have full access and connection between Land
Transport NZ and the Firearms Licencing records.
- If you are stopped by the police, for example driving away from a shooting area, gun range
or hunting ground -
- You must give them your driver’s licence and give them your name, address and date of
birth. Your passengers do not have to give any details or answer any questions at all.
- You do not have to answer any questions about if you have firearms in your car, or any
other surrounding questions at all. In a vehicle you are transporting firearms, you are NOT
carrying them (24 B(1)(b)) (see Section 1 above).
- The police have no right to search your vehicle without evidence that a potential crime
has been committed. Simply adhering to your rights by stating (vii) above, and stating “no
comment” or “there is no legal requirement for me to answer that question”, cannot be a
reason to invoke a warrantless search on your vehicle; this would be an unlawful police
search.
- The police can ask to inspect your firearms and ammunition and where they are kept and
view your security arrangements in your vehicle (24B(1) (d)), but they must give you 7
days notice of their desire to do this (24B (3) (a)).

Originally Posted by zeropak

You might find this info interesting. It is written by a Lawyer who I understand consults to the NZDA.

Section 6 – The police stop your vehicle when you are the driver
- Recent law changes mean that the police have full access and connection between Land
Transport NZ and the Firearms Licencing records.
- If you are stopped by the police, for example driving away from a shooting area, gun range
or hunting ground -
- You must give them your driver’s licence and give them your name, address and date of
birth. Your passengers do not have to give any details or answer any questions at all.
- You do not have to answer any questions about if you have firearms in your car, or any
other surrounding questions at all. In a vehicle you are transporting firearms, you are NOT
carrying them (24 B(1)(b)) (see Section 1 above).
- The police have no right to search your vehicle without evidence that a potential crime
has been committed. Simply adhering to your rights by stating (vii) above, and stating “no
comment” or “there is no legal requirement for me to answer that question”, cannot be a
reason to invoke a warrantless search on your vehicle; this would be an unlawful police
search.
- The police can ask to inspect your firearms and ammunition and where they are kept and
view your security arrangements in your vehicle (24B(1) (d)), but they must give you 7
days notice of their desire to do this (24B (3) (a)).

Yep, they too have to abide by the rules.

And by making no comment and not showing what they want to see you are making ya self look like a chump.....rather than complying, showing and moving on.
..assuming you are complying....the later seems easier to me....but then im no lawyer

Hamish

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Originally Posted by HNTMAD

And by making no comment and not showing what they want to see you are making ya self look like a chump.....rather than complying, showing and moving on.
..assuming you are complying....the later seems easier to me....but then im no lawyer

That is the conundrum. Make yourself look like a dick with something to hide versus a reasonable bloke going about their lawful business with nothing to hide. The former approach could make your life more difficult down the line.

Originally Posted by HNTMAD

And by making no comment and not showing what they want to see you are making ya self look like a chump.....rather than complying, showing and moving on.
..assuming you are complying....the later seems easier to me....but then im no lawyer

Hamish

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No I don't think so. I would state to them that I am more than happy to comply with any lawful demand/request. Would you really feel like a chump for knowing your rights and respectfully requesting that they do the same. I struggle to understand your logic.

Originally Posted by MB

That is the conundrum. Make yourself look like a dick with something to hide versus a reasonable bloke going about their lawful business with nothing to hide. The former approach could make your life more difficult down the line.

The other side of that coin is that the Police have to follow the law also. Warrantless searches are only allowed when there is reasonable cause to believe a crime is being committed - and if there isn't reasonable cause, then who is being a dick? You, or the Police acting outside of their powers?

Originally Posted by zeropak

No I don't think so. I would state to them that I am more than happy to comply with any lawful demand/request. Would you really feel like a chump for knowing your rights and respectfully requesting that they do the same. I struggle to understand your logic.

Each to their own, if i get pulled over with gun in the car then i will gladly show the status of gun....which will be inoperable as per the law. Save me from looking like a chump and compounding and issue thats not an issue

Hamish

Sent from my SM-S911B using Tapatalk

Originally Posted by HNTMAD

Each to their own, if i get pulled over with gun in the car then i will gladly show the status of gun....which will be inoperable as per the law. Save me from looking like a chump and compounding and issue thats not an issue

Hamish

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To much logic Hamish some people just want to fight.

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rifles travel in gun bag /case gunlocks on and out of sight,shotguns likewise .bolts ammo etc secured in locked boxes secured by hefty padlock to heavy chain to body of truck.Itry to avoid interaction with gentlemen in blue uniforms as much as possible as i look upon this akin to visiting a dentist or proctologist! the two occasions I have had both times cops were avid duckshooters and cursed the fact they had to work!!!

Section 19B makes no mention of a situation involving two licensed persons, and assumes the license holder is the driver. So the original question has not been clarified.

Originally Posted by BRADS

To much logic Hamish some people just want to fight.

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Some people just want to be left alone.

If the Police have no reason to suspect you of a crime and have no right to search your vehicle, then they shouldn't be asking to look at your guns.
Your car parked on the side of the road overnight with guns on display is one thing, travelling to a hunt and being randomly searched just because they have nothing better to do is another.