THE ARMS ACT REWRITE
OUR PRINCIPLES.
The following draft principles represent the Council of Licensed Firearms Owners' (COLFO) foundational expectations for a comprehensive rewrite of New Zealand's Arms Act. These guidelines prioritise clarity, fairness, and practicality to enhance public safety while upholding the rights of responsible firearms owners.
Developed through extensive consultation with COLFO members and affiliates, they serve as minimum requirements to foster effective legislation that supports legitimate sporting, hunting, and recreational activities.
FAIR AND REASONABLE PRINCIPLES
Clear Definitions
To ensure consistent and predictable application of the law, all key terms must be precisely defined without ambiguity. This includes:
a. Fit and proper, explicitly excluding vague "any other reasons" catch-all clauses or similar discretionary phrases that enable subjective interpretation by authorities.
b. Categories, providing unambiguous classifications of firearms based on objective characteristics rather than discretionary assessments.
c. Firearm, encompassing a comprehensive yet straightforward description that aligns with technological realities and avoids overly broad or narrow interpretations.
d. Removal of discretionary elements from definitions, such as phrases like "anything the commissioner", to prevent arbitrary expansion of scope and promote equitable enforcement.
Onus of Proof Returned to the Prosecution or Crown
In alignment with fundamental principles of justice, the burden of demonstrating non-compliance or wrongdoing must rest solely with the prosecuting authorities. This shift eliminates presumptions against licensed owners and ensures that allegations are substantiated through evidence, thereby safeguarding individual rights during legal proceedings.
Innocent Until Proven Guilty
The rewrite must explicitly reinforce the presumption of innocence as a cornerstone of the Act. No provision should allow for preemptive restrictions or penalties based on unproven claims, ensuring that licensed firearms owners are treated as responsible citizens unless culpability is established beyond a reasonable doubt in a court of law.
Any Revocation Can Only Be Ordered by the Court
Revocation of licences or endorsements represents a significant deprivation of rights and must therefore be a judicial function to uphold New Zealand's separation of powers. This requirement prevents executive overreach by police or administrative bodies.
Suspensions may be retained as a temporary measure by New Zealand Police, limited to a predefined period specified in the Act, with clear criteria for extension only upon judicial review.
Protections in Place to Prevent Unjust Search or Seizure
Robust safeguards are essential to protect property rights and prevent abuse of authority.
These include:
a. Re-establishment of requirements for warrants, mandating judicial authorisation for all searches, with exceptions narrowly defined and subject to immediate post-action review.
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b. Fair compensation for seizure or disposal of property, ensuring that owners receive equitable reimbursement for lawfully owned items confiscated without due process, calculated at current market value.
Establish Legitimate Pathways for “Grey” Firearms and Magazines
To integrate unregistered or historically non-compliant items into the regulated system without punitive measures, the Act must create amnesty-style processes. These pathways should enable licensed persons to declare and retain such items under verified custody, promoting compliance and reducing black-market risks while respecting community ownership.
Simple Law and Process
Legislation must be accessible to all stakeholders, avoiding complexity that hinders adherence.
Key elements include:
a. Ease of understanding and compliance, with plain language, streamlined procedures, and resources such as online guides to facilitate adherence without requiring legal expertise.
b. Separate applications for licences and endorsements, allowing modular processing to reduce administrative burdens and enable targeted approvals for specific uses.
10-Round Capacity for All
A-Category Firearms, Both Rifles and Shotguns
Standardising magazine capacity at 10 rounds for A-category firearms, encompassing rifles and shotguns, balances safety with practical utility for hunting, sport, and pest control. This limit provides sufficient functionality without necessitating reclassification of manual-action firearms, such as pump-actions, which should all be in Category A to reflect their non-semi-automatic nature.
Positive Relations Between Licensed Firearms Owners and All New Zealanders
The Act's purposes should actively support and encourage the responsible possession and use of firearms for legitimate purposes, fostering trust and community integration. This includes rephrasing the primary objective from mere "safe possession" to one that promotes and enables such ownership among fit and proper citizens, particularly for sporting and hunting activities, while maintaining necessary controls. COLFO commits to collaborative engagement with government, police, and the public to build these relations.