NZ bans military style semi-automatics and assault rifles
Rt. Hon Jacinda Ardern
Prime
Minister
Hon Stuart
Nash
Minister of Police
21 March 2019 PĀNUI
PĀPĀHO
MEDIA STATEMENT
New Zealand bans
military style semi-automatics and assault
rifles
• Military style
semi-automatics and assault rifles banned under stronger gun
laws
• Immediate action to prevent
stock-piling
Military style semi-automatics and assault rifles will be banned in New Zealand under stronger new gun laws announced today, Prime Minister Jacinda Ardern says.
“On 15 March our history changed forever. Now, our laws will too. We are announcing action today on behalf of all New Zealanders to strengthen our gun laws and make our country a safer place,” Jacinda Ardern said.
“Cabinet agreed to overhaul the law when it met on Monday, 72 hours after the horrific terrorism act in Christchurch. Now, six days after this attack, we are announcing a ban on all military style semi-automatics (MSSA) and assault rifles in New Zealand.
“Related parts used to convert these guns into MSSAs are also being banned, along with all high-capacity magazines.
“An amnesty will be put in place for weapons to be handed in, and Cabinet has directed officials to develop a buyback scheme. Further details will be announced on the buyback in due course.
“All semi-automatic weapons used during the terrorist attack on Friday 15 March will be banned.
“I strongly believe that the vast majority of legitimate gun owners in New Zealand will understand that these moves are in the national interest, and will take these changes in their stride.
“When Australia undertook similar reforms, their approach was to allow for exemptions for farmers upon application, including for pest control and animal welfare. We have taken similar action to identify the weapons legitimately required in those areas, and preclude them.
“Legislation to give effect to the ban will be introduced when Parliament sits in the first week of April. We will provide a short, sharp Select Committee process for feedback on the technical aspects of the changes. We are looking to progress the amendments to this legislation under urgency and expect these amendments to the Arms Act to be passed within the next session of Parliament,” Jacinda Ardern said.
“The Bill will include narrow exemptions for legitimate business use, which would include professional pest control. Police and the Defence Force will also have exemptions. Issues like access for mainstream international sporting competitions are also being worked through,” Police Minister Stuart Nash said.
“We have also acknowledged that some guns serve legitimate purposes in our farming communities, and have therefore set out exemptions for 0.22 calibre rifles and shotguns commonly used for duck hunting. These will have limitations around their capacity.
“While the legislation is being drafted, I am announcing the Government will take immediate action today to restrict the potential stock-piling of these guns and encourage people to continue to surrender their firearms.
Earlier this afternoon, an Order in Council under section 74A(c) of the Arms Act was signed by the Governor-General to reclassify a wider range of semi-automatic weapons under the Act. It came into effect at 3pm today.
“This interim measure will ensure that all of the weapons being banned under amendments to the Arms Act are now categorised as weapons requiring an E endorsement on a firearms licence.
“The effect of this is that it will prevent the sale of MSSAs and assault rifles to people with A category gun licences. The Order in Council is a transitional measure until the wider ban takes effect.
“We are introducing transitionary measures for gun owners to hand in their guns to Police to hold until details of a buy-back are announced. Likewise, the Police continue to accept guns for destruction.
“Again, we encourage gun owners to phone in to Police ahead of time to advise them they are bringing their guns in to the station,” Stuart Nash said.
“The actions announced today are the first step of the Government’s response. We will continue to develop stronger and more effective licensing rules, storage requirements and penalties for not complying with gun regulations. It is the Government’s intention that these amendments will go through the full legislative process,” Jacinda Ardern said.
“To owners who have legitimate uses for their guns, I want to reiterate that the actions being announced today are not because of you, and are not directed at you. Our actions, on behalf of all New Zealanders, are directed at making sure this never happens again.”
Questions and Answers
1.
What semi-automatic firearms will be affected by the
ban?
The ban will apply to all firearms are now
defined as Military Style Semi-Automatics (MSSAs) and will
also include assault rifles.
2. What
semi-automatic firearms will NOT be affected by the
ban?
There is a balance to be struck between
public safety and legitimate use. The changes exclude two
general classes of firearms which are commonly used for
hunting, pest control, stock management on farms, and duck
shooting:
• Semi-automatic .22 calibre rimfire
firearms with a magazine which holds no more than ten
rounds
• Semi-automatic and pump action
shotguns with a non-detachable tubular magazine which holds
no more than five rounds
3. What
semi-automatic firearms are affected by today’s Order in
Council?
Two types of firearms are now defined
as Military Style Semi-Automatics (MSSAs):
• A
semi-automatic firearm capable of being used with a
detachable magazine which holds more than five
cartridges
• A semi-automatic shotgun capable
of being used with a detachable magazine which holds more
than five cartridges
4.
I have an A-Category firearms licence and now own MSSAs.
What should I do?
It would normally be an
offence for an A-Category licence holder to possess an MSSA,
punishable by up to three years in prison or a $4000 fine.
However a transitional period gives time for people to
comply with the law, if they take certain steps. The
transitional period will be confirmed next month. Firearms
owners who unlawfully possess an MSSA now have three
options:
• Voluntarily surrender the firearm to
Police for safe disposal.
• Complete an online
form on the Police website to arrange for the MSSA to be
collected, while details are finalised for compensation
under a buy back scheme
• Sell or gift the
firearm to a person who has an E-Category licence and a
‘permit to procure’ the weapon
5. Are
Police geared up to receive large numbers of
MSSAs?
Yes. They will work with the New Zealand
Defence Force to enable safe storage, transport and
destruction of MSSAs. Police are establishing an online form
which will make it easier for firearms owners to arrange for
Police to collect the MSSAs. The online form will go live
over the weekend. It will not be practicable for firearms
owners to physically return their weapons to Police stations
without prior approval. Where extra administrative staff are
required they will be hired on fixed-term
contracts.
6. Will this lead to stockpiling of
semi-automatics?
No. The changes under the Order
in Council take effect immediately. Anyone who now
unlawfully has an MSSA, which yesterday was a lawful
firearm, needs to take steps to comply with the law.
7. Will some firearms dealers be breaking the
law if they have these MSSAs in stock?
Some
firearms dealers only hold A-category licences. In order to
comply with the law, they could sell their stock of
semi-automatics to a Category E licence holder or return
them to their supplier.
8. What are the
statistics for firearms licences and firearms in
circulation?
• There are 245,000
firearms licences
• Of these, 7,500 are
E-Category licences; and 485 are dealer licences
•
There are 13,500 firearms which require the owner to have an
E-Cat licence, this is effectively the known number of MSSAs
before today’s changes
• The total number of
firearms in New Zealand is estimated to be 1.2-1.5
million
9. What further issues are being
considered?
Cabinet will consider further steps
on 25 March. These will include measures to:
•
Tighten firearms licensing and penalties
•
Impose greater controls over a range of ammunition
•
Address a number of other issues relevant to special
interest groups such as international sports shooters and
professional pest controllers, such as DoC.
•
Future proof the Arms Act to ensure it is able to respond to
developments in technology and society
10.
How will the buyback work, and who will administer
it?
Police, the Treasury and other agencies are
working through the detail. More information will be
available when the legislation is introduced next month. The
compensation will be fair and reasonable based on firearm
type, average prices and the age of firearms.
11. What is the cost of the buyback likely to
be?
That is very difficult to judge, given the
limited information about the total number of firearms
affected by this change. Preliminary advice suggests it
could be in the range of $100m-$200m. The buyback will
ensure these weapons are taken out of circulation and that
we fulfil our obligations under the law.
ends