High Court Decision Will Drive Illegal Firearms Underground – Urgent Law Change Required

Press Release | 4 June 2026 | Christchurch

The Council of Licensed Firearms Owners (COLFO) says the recent High Court judgment in Carvell v The Commissioner of Police [2026] NZHC 1443 represents a significant setback for public safety and will have the perverse effect of driving prohibited firearms and magazines back onto the streets and into the grey and black markets.

The judgment upholds Police decisions to refuse permits under s 35A of the Arms Act for licensed dealers to take possession of surrendered prohibited magazines with a view to lawful sale, even where the dealer holds all necessary licences and endorsements.

Hugh Devereux-Mack, COLFO Spokesperson, said: “This decision is not good news for New Zealanders. Licensed firearms dealers have been playing an important safety role, encouraging people who find themselves in possession of prohibited items to bring them in off the street."

“If dealers can no longer accept these hand-ins because they face the real risk of permanent loss with no ability to recover costs or return value to the person surrendering the item, then those people will simply walk out of the shop and dispose of the firearms elsewhere. With the black or grey markets being the only alternative, that is a serious threat to public safety.”

Mr Devereux-Mack continued: “We now face the very real prospect that licensed dealers will refuse to accept prohibited items from the public. The practical outcome of this judgment will be fewer prohibited items being removed from circulation, not more. That cannot be what Parliament intended when it created the dealer surrender protections under section 59A.”

Nicholas Taylor, Barrister, who represented Mr Carvell in the High Court appeal, said: “The judgment takes an overly broad interpretation of the word ‘appropriate’ in section 35A(2). It allows Police to consider policy concerns around compensation and amnesty that are not expressly provided for in the current statutory language."

“This creates uncertainty and disincentivises dealers from performing a vital public safety role. A simple legislative amendment is needed to clarify that dealers who accept surrendered prohibited items in good faith can obtain permits to possess and sell them in the regulated market, at minimum recovering their costs and handling fees. This would align with the Act’s purpose of reducing the number of prohibited items in illegal hands.”

COLFO is calling on the Minister of Justice, the Minister of Police, and the Government to urgently introduce an amendment to the Arms Act to restore certainty for licensed dealers and ensure that the surrender pathway remains attractive and practical.

“Public safety must come first, and providing a pathway to remove these items for circulation and into the legitimate market must be a priority” said Mr Devereux-Mack.

“We urge the Government to act swiftly to fix this unintended consequence before prohibited items remain in the community, or end up in criminal hands rather than being brought into the lawful system.”

/ENDS

For further information, contact COLFO Spokesperson:

Hugh Devereux-Mack

Email: hugh@colfo.org.nz