COLFO News Issue 3 – June 2019 http://colfo.org.nz

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COLFO AGM Highlights

Past Chair Paul Clark has now retired and been nominated as Patron in recognition of his long service and valuable contribution to the work of the organisation. He has been replaced by Michael Dowling as Chair and Grant Fletcher is now Vice Chair. All other Board members remain the same. We have co-opted two new members as sub- committee advisors, Nick F and Brad G, both professional men who come highly recommended with very useful skill sets.

COLFO Legal Work- the Judicial Review that Nicholas Taylor was preparing on importing AR and other parts has been stopped as it was made redundant by the new Act. Nick is currently completing a review of the new Act, allowing for fitting this in around his other work in court.

While continuing to support the Kiwi Party initial court legal action, challenging the process of the recent Amendment Act, the main focus for COLFO will be to prepare for a co-ordinated action to ensure all New Zealanders who have firearms confiscated as a result of the new legislation are compensated fairly.

Dealers are advising KPMG, a multinational financial firm engaged by Police, to offer top dollar for compensation in order to encourage compliance. The hand in could be conducted in several tranches, starting with those easiest to value first then rare and valuable guns. The compensation plan is due to be announced around the end of May.

We have not seen how police plan to manage the hand in of prohibited firearms or how much that will cost. The logistics of collecting tens of thousands of firearms, recording them, storing them and transporting them from all over the country to destroy them will be taxing the resources of Police and other agencies. The cost of the logistics is likely to be considerably more than the compensation.

To allow for all of the currently affected firearms, it is possible the amnesty may need to stretch to years. Meanwhile we need to be ready to react to the second amendment Bill in June/ July.

Changes to Import Permit Requirements

We advised recently that all parts of A cat firearms now require a permit to import. This has been confirmed by Police who have the following to say in a post on their website “More types of parts (including for standard firearms) require permits to import than previously.” AND “A permit to import is now also required for all parts of a standard firearm (not just the action).”

We understand that police AOs are now rushed off their feet dealing with import permits because of this change to the legislation. An unintended consequence of the rushed legislation perhaps?

Check your firearms

A lot of firearm owners still don’t realise how many firearms are affected by the new legislation, see excerpt below.

Only the other night we had to point out to a member that his two Browning semi auto sporting rifles that had been handed down to him by his father were now prohibited.

Have you checked all your firearms, magazines and parts to see if you hold any now prohibited items? You will need to make a list of make, model, calibre and serial number and we suggest value of all affected items for when you need to report them to Police, or apply for an exemption or transfer to your collector’s endorsement. It is easy to forget about the odd magazine or part, so it pays to be thorough.

Remember some firearms, while not prohibited in themselves become so as a result of their magazine capacity.

2A Meaning of prohibited firearm In this Act, unless the context otherwise requires, prohibited firearm— (a) means any of the following firearms: (i) a semi-automatic firearm (except a pistol), other than— (A) a semi-automatic firearm that is capable of firing only 0.22 calibre or lower rimfire cartridges and that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with that firearm’s chamber size: (B) a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size: (ii) a pump-action shotgun that is capable of being used with a detachable magazine: (iii) a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size: (b) includes any other firearm declared by Order in Council made under section 74A to be a prohibited firearm for the purposes of this Act.

2B Meaning of prohibited magazine In this Act, unless the context otherwise requires, prohibited magazine,— (a) in relation to a shotgun, means a magazine, whether or not detachable, that is capable of holding more than 5 cartridges commensurate with that shotgun’s chamber size: (b) in relation to any other firearm (except a pistol),— (i) means any detachable magazine— (A) that is capable of holding 0.22 calibre or lower rimfire cartridges and that is capable of holding more than 10 of those cartridges: (B) that is capable of holding more than 10 cartridges and being used with a semi-automatic or fully automatic firearm: (ii) means any other magazine, whether or not detachable, that is capable of holding more than 10 cartridges: (c) includes any other magazine declared by Order in Council made under section 74A to be a prohibited magazine for the purposes of this Act.

2C Meaning of prohibited part In this Act, unless the context otherwise requires, prohibited part means— (a) a part of a prohibited firearm: (b) a component that can be applied to enable, or take significant steps towards enabling, a firearm to be fired with, or near to, a semi-automatic or automatic action.

Update on Legal Action

On 15 May in the Auckland District Court the Kiwi Party sort to obtain an injunction against the government stopping the implementation of the Order in Council and the new Act. It is claimed that the government has made some serious constitutional mistakes in the way this legislation has been handled. The Judge has reserved his decision and he does have a lot to think about, whatever decision he makes will be appealed. It will probably also be a judgment that will be relied on as case precedent in the future, another reason for him to get it right.

Both COLFO and SSANZ are supporting with funding as this potentially affects the whole firearm community.

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