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Supplementary Order Paper No 408

No 408

House of Representatives

Supplementary Order Paper

Tuesday, 12 November 2019

Arms Legislation Bill

Proposed amendments

Hon Stuart Nash, in Committee, to move the following amendments:

Clause 6

In clause 6(1), before the new definition of ammunition seller (page 10, before line 3), insert:

air pistol carbine conversion kit means a frame or kit that may be used to convert an air pistol designed or adapted to be held and fired with 1 hand into an airgun that may be fired from the shoulder

In clause 6(1), new definition of arms item, after paragraph (f) (page 10, after line 11), insert:

(g)

pistol carbine conversion kits

In clause 6(1), after the new definition of manufacture (page 10, line after 25), insert:

pistol carbine conversion kit—

(a)

means a frame or kit that may be used to convert a pistol designed or adapted to be held and fired with 1 hand (not being an air pistol) that has an overall length of no more than 400 mm into a firearm that may be fired from the shoulder; but

(b)

excludes an air pistol carbine conversion kit

In clause 6(1), after the new definition of senior manager (page 10, after line 30), insert:

small semi-automatic pistol means a semi-automatic pistol that—

(a)

has an overall length of 400 millimetres or less; and

(b)

has a barrel length of 101 millimetres or more; and

(c)

has a muzzle velocity of 1,600 feet per second or less; and

(d)

is suitable for shooting on a certified pistol range

After clause 6(3) (page 11, after line 8), insert:

(3A)

In section 2(1), definition of part, after paragraph (a), insert:

(ab)

in relation to a pistol, excludes a pistol carbine conversion kit; and

After clause 6(4) (page 11, after line 10), insert:

(5)

In section 2(1), replace the definition of pistol with:

pistol means any firearm (other than a prohibited firearm) that is designed or adapted to be held and fired with 1 hand, and includes any firearm (other than a prohibited firearm) that is less than 762 millimetres in length

New clause 6A

Before clause 7 (page 11, before line 11), insert:

6A Section 2A replaced (Meaning of prohibited firearm)

Replace section 2A with:

2A Meaning of prohibited firearm

(1)

In this Act, unless the context otherwise requires, prohibited firearm—

(a)

means any of the following firearms:

(i)

a semi-automatic firearm, other than—

(A)

a specified semi-automatic firearm:

(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:

(C)

a small semi-automatic pistol:

(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.

(2)

In this section, specified semi-automatic firearm means a semi-automatic firearm—

(a)

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 the firearm’s chamber size; and

(b)

if the firearm has a lower receiver, the lower receiver is not capable of—

(i)

being attached to a centrefire upper receiver; or

(ii)

being able to accept and cycle centrefire cartridges or rimfire cartridges greater than 0.22 calibre.

6B Section 2B amended (Meaning of prohibited magazine)

In section 2B(b), replace “(except a pistol)” with “(except a small semi-automatic pistol)”.

Clause 7

Before clause 7(1) (page 11, before line 12), insert:

(1A)

In section 3(2), replace “possession of firearms, airguns, pistols, magazines, parts, restricted weapons,” with “possession of arms items,”.

In clause 7(2), new section 3(2)(a)(v), replace “firearm, pistol, restricted weapon, ammunition, magazine, part,” (page 11, lines 16 and 17) with “arms item, ammunition,”.

After clause 7(2) (page 11, after line 22), insert:

(2A)

In section 3(2)(b), replace “firearms, airguns, pistols, magazines, parts, restricted weapons,” with “arms items,”.

(2B)

In section 3(3)(a) and (b), replace “firearms, airguns, pistols, magazines, parts, restricted weapons,” with “arms items,”.

In clause 7(3), new section 3(3)(ab), replace “firearms, airguns, pistols, magazines, parts, restricted weapons,” (page 11, lines 24 and 25) with “arms items,”.

In clause 7(3), new section 3(3)(ac), replace “firearms, airguns, pistols, magazines, parts, restricted weapons,” (page 11, lines 29 and 30) with “arms items,”.

In clause 7(4), new section 3(5), replace “firearms, airguns, pistols, magazines, parts, restricted weapons,” (page 12, lines 1 and 2) with “arms items,”.

Clause 10

In clause 10, after new section 5B(2)(d) (page 14, after line 29), insert:

(e)

pistol carbine conversion kits.

New clause 10A

After clause 10 (page 15, after line 32), insert:

10A Section 6A amended (Conditions of dealer’s licence)

(1)

In section 6A(1), replace “possession of a pistol,” with “possession of a pistol, pistol carbine conversion kit,”.

(2)

In section 6A(1)(a), replace “produce that pistol,” with “produce that pistol, pistol carbine conversion kit,”.

(3)

In section 6A(1)(b), replace “inspect the pistol,” with “inspect the pistol, pistol carbine conversion kit,”.

(4)

In section 6A(2)(a) and (b), replace “possession of the pistol,” with “possession of the pistol, pistol carbine conversion kit,”.

Clause 11

In clause 11, new section 6B(1), replace “arms items” (page 16, line 1) with “items”.

In clause 11, after new section 6B(1)(f) (page 16, after line 8), insert:

(g)

pistol carbine conversion kits:

(h)

air pistol carbine conversion kits.

In clause 11, new section 6B(2), replace “arms items” (page 16, line 9) with “items”.

In clause 11, new section 6B(3), replace “arms items” (page 16, lines 12 and 13) with “items” in each place.

In clause 11, new section 6B(4), replace “arms items” (page 16, lines 16 and 17) with “items” in each place.

In clause 11, after new section 6B(4) (page 16, line after 18), insert:

(5)

The Commissioner must, before approving the manufacture of air pistol carbine conversion kits, also be satisfied that the kits are for the personal use of a member of an airsoft or paintball club that is affiliated with a national airsoft or paintball organisation.

Clause 14

Replace clause 14(1) (page 16, lines 34 and 35) with:

(1)

Replace the heading to section 10 with “Restriction on possession of prohibited firearms, prohibited magazines, pistols, restricted weapons, and pistol carbine conversion kits”.

Replace clause 14(2) (page 16, line 36 and page 17, lines 1 to 15) with:

(2)

Replace section 10(1) with:

(1)

A licensed dealer may not take an arms item that is a prohibited firearm, prohibited magazine, pistol, restricted weapon, or pistol carbine conversion kit into their possession for the purpose of carrying on a dealer activity unless the licensed dealer—

(a)

is the holder of a dealer’s licence that—

(i)

specifies that the dealer may carry on that activity in respect of a prohibited firearm, prohibited magazine, pistol, restricted weapon, or pistol carbine conversion kit; and

(ii)

bears an appropriate endorsement made under section 30 or 30B; and

(b)

either—

(i)

obtains the arms item under—

(A)

a permit to import issued under section 18 or 18AA; or

(B)

a permit to possess issued under section 35, 35A, or 35AA; or

(ii)

manufactures it with the written approval of the Commissioner under section 6B(2).

Clause 15

In clause 15, new section 11(2), after “pistols,” (page 17, line 28), insert “pistol carbine conversion kits,”.

Clause 16

In clause 16, new section 12(1)(b), after “pistols,” (page 18, line 3), insert “pistol carbine conversion kits,”.

After clause 16(1) (page 18, after line 11), insert:

(1A)

In section 12(2)(b) and (c), after “pistols,” insert “pistol carbine conversion kits,” in each place.

Clause 17

After clause 17(2) (page 18, after line 32), insert:

(3)

In section 13(1), (2), (4), and (5), after “pistols,”, insert “pistol carbine conversion kits,”.

Clause 18

After clause 18(2) (page 18, after line 38), insert:

(3)

In section 14, after “pistols,”, insert “pistol carbine conversion kits,”.

Clause 21

In clause 21, after new section 16(1)(d) (page 19, after line 33), insert:

(e)

a pistol carbine conversion kit:

(f)

an air pistol carbine conversion kit.

Clause 24

Before clause 24(1) (page 20, before line 18), insert:

(1AA)

In the heading to section 18, after “import”, insert “firearms, etc”.

After clause 24(3) (page 20, after line 24), insert:

(3A)

Replace section 18(3) with:

(3)

Any permit issued under this section for the purposes of section 16(1)(a), (b), (c), or (d) is personal to the person to whom it is issued and may not be transferred to any person.

Replace clause 24(4) (page 20, lines 25 to 33) with:

(4)

Repeal section 18(4).

Delete clause 24(5) (page 20, line 34 and page 21, lines 1 to 6).

New clause 24A

After clause 24 (page 21, line after 6), insert:

24A New sections 18AA to 18AAD inserted

After section 18, insert:

18AA Issue of permit to import pistol carbine conversion kits

(1)

A member of the Police to whom an application is made for the issue of a permit for the purposes of section 16(1)(e) may require the applicant to produce for examination and testing samples of any pistol carbine conversion kit of the kind referred to in the application that the member of the Police considers necessary.

(2)

The Commissioner may grant an application for the issue of a permit to bring or cause to be brought or sent into New Zealand a pistol carbine conversion kit only if—

(a)

the Commissioner is satisfied that—

(i)

there are special reasons why the pistol carbine conversion kit should be allowed into New Zealand; and

(ii)

the pistol carbine conversion kit specifically enables a pistol to be converted into a firearm that—

(A)

has an overall length of greater than 400 millimetres, but less than 762 millimetres; and

(B)

has a muzzle velocity of 1,600 feet per second or less; and

(iii)

the pistol carbine conversion kit does not modify the pistol in any way other than as specified in subparagraph (ii); and

(b)

the application is made by—

(i)

the holder of a dealer’s licence who is acting as an agent for a person who holds a firearms licence that bears an endorsement made under section 30 permitting the person to possess a pistol, and—

(A)

the holder’s licence bears an endorsement made under section 30 permitting the holder to possess a pistol; and

(B)

the holder has been issued with a permit to import a pistol (under section 18) or a permit to possess a pistol (under section 35); or

(ii)

the holder of a firearms licence—

(A)

whose licence bears an endorsement made under section 30 permitting the holder to posses a pistol; and

(B)

who has been issued with a permit to import a pistol (under section 18) or a permit to possess a pistol (under section 35).

(3)

Any permit issued under this section for the purposes of section 16(1)(e) is personal to the person to whom it is issued and may not be transferred to any other person.

18AAB Issue of permit to import air pistol carbine conversion kits

(1)

A member of the Police to whom an application is made for the issue of a permit for the purposes of section 16(1)(f) may require the applicant to produce for examination and testing samples of any air pistol carbine conversion kit of the kind referred to in the application that the member of the Police considers necessary.

(2)

The Commissioner may grant an application for the issue of a permit to bring or cause to be brought or sent into New Zealand an air pistol carbine conversion kit only if the Commissioner is satisfied that the application is made by—

(a)

the holder of a dealer’s licence who is acting as an agent for a person who intends to personally use the kit as a member of an airsoft or paintball club that is affiliated with a national airsoft or paintball organisation; or

(b)

any other person who intends to personally use the kit as a member of an airsoft or paintball club that is affiliated with a national airsoft or paintball organisation.

(3)

Any permit issued under this section for the purposes of section 16(1)(f) is personal to the person to whom it is issued and may not be transferred to any other person.

18AAC Revocation and validity of permit to import

(1)

A permit issued under section 18, 18AA, or 18AAB for the purposes of section 16(1) may be revoked at any time by a commissioned officer of Police.

(2)

A permit issued under section 18 or 18AA is automatically revoked if—

(a)

the permit was issued to a licensed dealer and the dealer’s licence is revoked or suspended, or has expired or been surrendered; or

(b)

the permit was issued to any other person who, for the purposes of the issue of the permit was required to hold a firearms licence, or a firearms licence bearing an endorsement, and that person’s firearms licence or endorsement is revoked or suspended, or has expired or been surrendered.

(3)

Subsection (4) applies if—

(a)

a permit is issued under section 18 or 18AA for the purposes of section 16(1) to a licensed dealer permitting the dealer to import items on the behalf of 1 or more persons; and

(b)

any person referred to in paragraph (a) who is required to hold a firearms licence, or a firearms licence bearing an endorsement, to possess an item being imported on their behalf has their licence or endorsement revoked or suspended, or their licence or endorsement expires or is surrendered.

(4)

If this subsection applies, the permit issued to the licensed dealer is invalid to the extent that it permits the importation of an item on behalf of a person referred to in subsection (3)(b) in respect of which the person required the licence or endorsement.

18AAD Permit to import issued for single consignment of items brought into or sent into New Zealand at same time

(1)

A permit may be issued under section 18, 18AA, or 18AAB in relation to items that are to be brought or sent into New Zealand in a single consignment at the same time.

(2)

If, subsequent to the issue of a permit referred to in subsection (1), any item to which the permit relates is not included in the consignment, the permit ceases to apply to that item.

Clause 25

In clause 25, replace new section 18B(1) (page 21, lines 10 to 13) with:

(1)

If an applicant is required, under section 18(1), 18AA(1), or 18AAB(1), to produce for examination and testing a sample, the applicant must produce the sample as soon as practicable.

In clause 25, new section 18C(4), after “blank-firing gun,” (page 22, line 9), insert “pistol carbine conversion kit, air pistol carbine conversion kit,”.

Clause 26

In clause 26, new section 19(1), after “blank-firing gun,” (page 22, line 15), insert “pistol carbine conversion kit, air pistol carbine conversion kit,”.

Clause 31

In clause 31, after new section 22B (page 24, after line 33), insert:

Restrictions on possession of pistol carbine conversion kits

22BA Restrictions on possession of pistol carbine conversion kits

A person must not have in their possession a pistol carbine conversion kit unless the person is—

(a)

the holder of a dealer’s licence that bears an endorsement made under section 30 in respect of pistols and obtains the pistol carbine conversion kit under—

(i)

a permit to import issued under section 18AA; and

(ii)

a permit to possess issued under section 35AA; or

(b)

the holder of a firearms licence—

(i)

whose licence bears an endorsement that is made under section 30 permitting the holder to possess a pistol; and

(ii)

who has—

(A)

been issued under section 18 a permit to import a pistol; or

(B)

been issued under section 35 a permit to possess a pistol; and

(iii)

who has—

(A)

been issued under section 18AA a permit to import a pistol carbine conversion kit; or

(B)

been issued under section 35AA a permit to possess a pistol carbine conversion kit.

New clause 37A

After clause 37 (page 31, after line 12), insert:

37A Section 27 amended (Revocation and surrender of firearms licence)

In section 27(3), after “pistols,” insert “pistol carbine conversion kits,”.

Clause 40

In clause 40, insert as subclause (1) and (2) (page 32, after line 9):

(1)

In section 28(1) and (2), after “ pistol,”, insert “pistol carbine conversion kit,”.

(2)

In section 28(3) and (4), after “pistols,”, insert “pistol carbine conversion kits,”.

Clause 43

In clause 43, insert as subclause (2) (page 33, after line 3):

(2)

After section 30(2), insert:

(3)

A person whose firearms licence or dealer’s licence bears an endorsement made under this section is not entitled to lawfully possess a pistol carbine conversion kit until—

(a)

the person is issued with a permit under section 18AA for the purposes of section 16(1)(e) to bring or cause to be brought or sent into New Zealand a pistol carbine conversion kit; or

(b)

the person has a permit issued under section 35AA to possess the pistol carbine conversion kit.

New clause 48A

After clause 48 (page 34, after line 29), insert:

48A Cross-heading above section 35 replaced

Replace the cross-heading above section 35 with:

Permits to possess pistols, restricted weapons, prohibited firearms, prohibited magazines, and pistol carbine conversion kits

New clause 50A

After clause 50 (page 35, after line 14), insert:

50A New section 35AA inserted (Issue of permit to possess pistol carbine conversion kit)

After section 35, insert:

35AA Issue of permit to possess pistol carbine conversion kit

(1)

A permit to possess a pistol carbine conversion kit may be issued to an applicant only by a member of the Police acting under a direction of the Commissioner.

(2)

A permit to possess a pistol carbine conversion kit may be issued if the member of the Police to whom the application is made is satisfied—

(a)

that the applicant—

(i)

holds a dealer’s licence that bears an endorsement made under section 30 permitting the holder to possess a pistol; and

(ii)

has been issued with—

(A)

a permit, under section 18, to import a pistol; or

(B)

a permit, under section 35, to possess a pistol; or

(b)

that the applicant (not being an employee of a licensed dealer)—

(i)

holds a firearms licence that bears an endorsement made under section 30 permitting the holder to possess a pistol; and

(ii)

has been issued with—

(A)

a permit, under section 18, to import a pistol; or

(B)

a permit, under section 35, to possess a pistol.

(3)

The member of the Police to whom the application is made must also be satisfied that—

(a)

the pistol carbine conversion kit specifically enables a pistol to be converted into a firearm that—

(i)

has an overall length of greater than 400 millimetres, but less than 762 millimetres; and

(ii)

has a muzzle velocity of 1,600 feet per second or less; and

(b)

the pistol carbine conversion kit does not modify the pistol in any way other than as specified in paragraph (a).

(4)

Unless sooner revoked, a permit issued under this section remains in force for the period specified in the permit, which must not exceed 1 month.

(5)

A permit may at any time be revoked by a commissioned officer of Police.

Clause 55

In clause 55, new section 41A(1), after “parts,” (page 45, line 4), insert “pistol carbine conversion kits,”.

In clause 55, new section 41A(2), after “parts,” (page 45, line 7), insert “pistol carbine conversion kits,”.

In clause 55, new section 41A(3)(a), after “part,” (page 45, line 10), insert “pistol carbine conversion kit,”.

In clause 55, new section 41A(3)(b), after “part,” (page 45, line 12), insert “pistol carbine conversion kit,”.

Clause 57

In clause 57, new section 42(c), after “pistol,” (page 46, line 3), insert “pistol carbine conversion kit,”.

Clause 62

In clause 62, after new section 44 (page 48, after line 20), insert:

44AA Unlawful sale or supply of pistol carbine conversion kit

(1)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years, or to a fine not exceeding $30,000, if the person sells or supplies a pistol carbine conversion kit to any person other than a person who is authorised—

(a)

by a permit issued under section 18AA for the purposes of section 16(1)(e) to bring or cause to be brought or sent into New Zealand that pistol carbine conversion kit; or

(b)

by a permit issued under section 35AA to possess that pistol carbine conversion kit.

(2)

It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that they took reasonable steps to ascertain whether the person to whom they sold or supplied the pistol carbine conversion kit was the holder of a permit of the kind described in subsection (1)(a) or (b).

(3)

It is also a defence to a prosecution for an offence against subsection (1) if the defendant proves—

(a)

that the pistol carbine conversion kit was supplied to a person (A) for use—

(i)

on a certified pistol range; and

(ii)

under the immediate supervision of another person (B) who holds a firearms licence that bears an endorsement made under section 30 permitting B to possess a pistol; and

(b)

that at all times while A was in possession of the pistol carbine conversion kit A was—

(i)

on a certified pistol range; and

(ii)

under the immediate supervision of B.

New clause 64A

After clause 64 (page 49, after line 8), insert:

64A New section 50AA inserted (Unlawful possession of pistol carbine conversion kit)

After section 50, insert:

50AA Unlawful possession of pistol carbine conversion kit

(1)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000, or both, if the person—

(a)

is in possession of a pistol carbine conversion kit; and

(b)

is not a person authorised or permitted, expressly or by implication, by or under this Act to be in possession of that pistol carbine conversion kit.

(2)

In any prosecution for an offence against subsection (1) in which it is proved that the defendant was in possession of a pistol carbine conversion kit, the defendant has the burden of proving that they were authorised or permitted, expressly or by implication, by or under this Act to be in possession of the pistol carbine conversion kit.

(3)

It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the pistol carbine conversion kit was in their possession of a person for use—

(a)

on a certified range; and

(b)

under the immediate supervision of another person who holds a firearms licence bearing an endorsement made under section 30 permitting them to possess a pistol.

Clause 70

In clause 70, after new section 55D(1)(c)(ii) (page 50, after line 17), insert:

(iii)

a pistol carbine conversion kit; or

In clause 70, after new section 55D(1)(d)(ii) (page 50, after line 23), insert:

(iii)

a pistol carbine conversion kit; or

In clause 70, new section 55D(1)(e), replace “or part of a firearm,” (page 50, line 24), with “part of a firearm, or pistol carbine conversion kit”.

In clause 70, new section 55E(1)(a), after “pistol,” (page 50, line 34), insert “pistol carbine conversion kit,”.

In clause 70, new section 55E(1)(b), after “pistol,” (page 51, line 1), insert “pistol carbine conversion kit,”.

In clause 70, new section 55E(1)(c), after “pistol,” (page 51, line 5), insert “pistol carbine conversion kit,”.

In clause 70, new section 55E(1)(d), after “pistol,” (page 51, line 8), insert “pistol carbine conversion kit,”.

In clause 70, new section 55E(5), after “pistol,” (page 51, line 19), insert “pistol carbine conversion kit,”.

Clause 74

Replace clause 74 (page 54, lines 1 to 3) with:

74 Section 59A replaced (Surrender by licensed dealer of firearms, etc)

Replace section 59A with:

59A Surrender by licensed dealer of firearms, etc

(1)

A licensed dealer does not contravene section 10 if, on obtaining possession of any of the following items from any person, the licensed dealer surrenders the item within 5 working days to the nearest Police station for inspection and inquiries:

(a)

a pistol:

(b)

a pistol carbine conversion kit:

(c)

a restricted weapon:

(d)

a prohibited item.

(2)

A licensed dealer does not contravene section 12 if the licensed dealer does not record the particulars of any of the following items that is received by that dealer and, within 5 working days, surrenders the item to the nearest Police station for inspection and inquiries:

(a)

a firearm:

(b)

an airgun:

(c)

a pistol:

(d)

a pistol carbine conversion kit:

(e)

a prohibited item:

(f)

a restricted weapon.

Clause 76

In clause 76, after new section 62B(1)(a)(vii) (page 58, after line 2), insert:

(viii)

a permit under section 35AA to possess a pistol carbine conversion kit:

In clause 76, after new section 62B(1)(b)(vi) (page 58, after line 10), insert:

(vii)

a permit under section 35AA to possess a pistol carbine conversion kit:

New clause 76A

After clause 76 (page 59, after line 6) insert:

76A Section 63 amended (Appeal to District Court Judge in respect of compensation)

In section 63, “after pistol,”, insert “pistol carbine conversion kit,”.

New clause 77A

After clause 77 (page 59, after line 8), insert:

77A Section 65 amended (Restoration of articles seized)

In section 65, after “pistol,”, insert “pistol carbine conversion kit,”.

Clause 79

In clause 79, new section 66B(1), replace “firearm, airgun, pistol, magazine, part, restricted weapon,” (page 59, lines 32 and 33), with “arms item”.

In clause 79, new section 66D(3), definition of arms items, after “restricted weapons,” (page 61, line 16), insert “pistol carbine conversion kits,”.

Clause 80

In clause 80, new section 69(4), after “prohibited item,” (page 61, line 37), insert “pistol carbine conversion kit,”.

New clause 80A

After clause 80 (page 61, after line 37), insert:

80A Section 70 amended (Authorising disposal of firearms, etc, detained by Police)

In section 70(1) and (2), after “prohibited part,”, insert “pistol carbine conversion kit,” in each place.

New clause 81A

After clause 81 (page 62, after line 6), insert:

81B Section 73 amended (Savings in respect of carriers and persons authorised to exercise powers of seizure)

In section 73(1)(a) and (b), after “prohibited part,” insert “a pistol carbine conversion kit,”.

Clause 82

After clause 82(6) (page 62, after line 27), insert:

(6A)

In section 74(1)(i) and (j), after “restricted weapons,”, insert “pistol carbine conversion kits,”.

In clause 82(1), new section 74(1)(rd), after “restricted weapons,” (page 64, line 22), insert “pistol carbine conversion kits,”.

New clause 82A

After clause 82 (page 64, after line 22), insert:

82A Section 74A amended (Order in Council relating to definitions of prohibited firearm and prohibited magazine, and declaring prohibited ammunition)

(1)

Replace section 74A(a) with:

(a)

amend the description in section 2A of a semi-automatic firearm (except a small semi-automatic pistol) or pump-action shotgun that is a prohibited firearm:

(2)

Replace section 74A(c) with:

(c)

declare any semi-automatic firearm (except a small semi-automatic pistol) or pump-action firearm of a stated name or description to be a prohibited firearm for the purposes of this Act:

Explanatory note

This Supplementary Order Paper sets out amendments to the Arms Legislation Bill. The following amendments are made to the Bill:

  • the definition of prohibited firearm in the Arms Act 1983 is replaced and the new definition clarifies that a semi-automatic firearm that has a lower receiver capable of being attached to a centrefire upper receiver is a prohibited firearm even if the firearm is capable of firing only 0.22 calibre or lower rimfire cartridges (clause 6 and new clause 6A):

  • the definition of prohibited firearm in the Arms Act 1983 as replaced by new clause 6A includes as a prohibited firearm a semi-automatic pistol that is not a short pistol:

  • the power to amend, by Order in Council, the description of a semi-automatic firearm that is a prohibited firearm is changed to include pistols, as certain semi-automatic pistols are now semi-automatic firearms (new clause 82A(1)):

  • the power to declare, by Order in Council, any pump-action shotgun to be a prohibited firearm is amended so that this power applies to all types of pump-action firearms, in particular pump-action centrefire rifles (new clause 82A(2)):

  • definitions of pistol carbine conversion kit and air pistol carbine conversion kit are inserted in section 2(1) of the Arms Act 1983 (clause 6):

  • the importation, sale, supply, possession, and use of pistol carbine conversion kits is restricted to persons holding a dealer’s licence or a firearms licence that bears an endorsement permitting the person to possess a pistol and having an appropriate permit (clauses 7, 10, new clause 10A, 11, 14 to 18, 21, 24, new clause 24A, 25, 26, 31, new clause 37A, 40, 43, new clause 48A, new clause 50A, 55, 57, 62, new clause 64A, 70, 74, 76, new clauses 76A and 77A, 79, 80, new clauses 80A and 81A, and clause 82):

  • the importation and manufacture of air pistol carbine conversion kits is restricted (clause 11 and new clause 24A).

Departmental disclosure statement

Police are required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=sop&subtype=government&year=2019&no=408&

Regulatory impact assessment

Police produced a regulatory impact assessment on 30 October 2019 to help inform the new policy decisions taken by the Government relating to the contents of this SOP.

A copy of this regulatory impact assessment can be found at—