Possession of Hand Guns by the Government

Transcription

1 /13 THE ARMS REGULATIONS 1959, AMENDMENT NO. 7 ARTHUR PORRITT, Governor-General ORDER IN COUNCIL A't tlhe Government Buildings at Wellington this 9th day of February 1970 Present: THE RIGHT HON. KEITH HOLYOAKE, C.H., PRESIDING IN COUNCIL PURSUANT <to the Arms Act 1958, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations. 1. Title and commencement 2. New regulations substituted 11. Import permits 11A. Importation of starting pistols' 3. Pistol clubs 4. Permits to procure pistols 5. Form of permit to procure ANALYSIS 6. Delivery of permit 7. Registration of pistols 8. Unlawful weapons 9. Incendiary grenades 10. Semi-automatic pistols Schedule REGULATIONS 1. Title and commencement-( 1) These regulations may be cited as the Arms ReguIations 1959, Amendment No. 7, and shall be read together with and deemed part of the Arms Regulations 1959* (hereinafter referred to as the principal regulations). (2) Except as provided in subc1ause (4) of regulation 5 and subclause (2) of regulation 6 of these regulations, these regulations shall come into force on the seventh day after the date of their notification in the Gazette. 2. New regulations substituted-the principal regulajtions are hereby amended by revoking regulation 11, and substituting the following regulations: *S.R. 1959/5 Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment No. 4 Amendment No. 5 Amendment No. 6 (Revoked by S.R. 1962/109) S.R. 1962/109 S.R. 1964/32 S.R. 1966/181 S.R. 1968/12 S.R. 1968/172

2 120 Arms Regulations 1959, Amendment No /13 "11. Import permits-(i) Every permit under section 6 of the Act shall be in form 2. "(2) No commissioned officer of Police shall issue any such permit unless he is satisfied that the applicant is a fit and proper person to be permitted to import the firearm. "IlA. Importation of starting pistols-section 6 of the Act shall apply to starting pistols." 3. Pistol clubs-regulation 12 of the principal regulations is hereby further amended by adding to subclause (6) (as added by regulation (5) of the Arms Regulations 19.59, Amendment No. 2) the words "; and includes any other type of pistol used for the purposes of a pisltol club if the use of that type of pistol by 'that club is for the time being approved in writing by the Commissioner." 4. Permits to procure pistols-( 1) The principal regulations are hereby amended by inserting, after regulation 13, the following regulation: "13A. (1) Every applicaltion for a permit to procure possession of a pistol shall be in writing signed by the applicant, and shall state "(a) The full name, address, and occupation of the applicant: "(b)a description of.the pistol: "( c) The location of the pistol and the full name of its owner: "( d) The reason the person wishes to obta:in possession of the pistol. "(2) Every such application shall be delivered to the Arms Office nearest to the address of t!he applicant." (2) Regulation 13 of the principal regulations is hereby amended by inserting, before the word "The", the words "Subject to subclause (2) of regulation 13A of these regulations,", 5. Form of permit to procure-( 1) Regulation 14 of the principal regulations (as amended by Iregulation 3 of the Arms Regulations 1959, Amendment No. 6) is hereby further amended by inserting in subclause ( 1), after the words "form 3" the words "( except a permit to procure a shotgun issued to a person of or over the age of 21 years which shall be in form 3A)". (2) Regulation 14 of the principal regulations (as so amended) is hereby further amended by adding the following subclause: "(3) Nothing in subsection (5) of section 7 of the Act shall apply to any permit issued under that section in respect of a shotgun to a person of or over the age of 21 years, but any such permit may be revoked at any time by a commissioned officer of Police." (3) The First Schedule to the principal regulations is hereby amended by revoking form 3, and substituting the forms set out in the First Schedule to these regulations. (4) This regulation shall come into force 3 months after the date of the notification of these regulations in the Gazette. 6. Delivery of permit-( 1) The principal regulations are hereby amended by revoking regulation 15, and substituting the following regulation:

3 1970/13 Arms Regulations 1959, Amendment No "15. (1) Every person of or over the age of 21 years who pursuant to any such permit obtains possession of a fireann (other than a shotgun) shan deliver the permit to 'the person handing over possession of the fire ann who shall forthwith write on the back of the permit a description of the firea;nn, the date of delivery, and his signature. He shall then return the permit to the person obtaining possession of the firearm who shall forthwith return the pennit to the Anns Office nearest to his abode. "(2) Every person who pursuant to any such permit obtains possession of a shotgun shall retain the pennit as long as he has possession of a shotgun. "(3) Every person who has attained the age of 16 years but has not attained the age of 21 years and who, pursuant to any such permit, obtains possession of a firearm to which section 8 of the Act applies (including a shotgun, an antique firearm, or an air gun) shall deliver the permit to the person handing over possession of the firearm who shall forthwith write on the back of the permit a description of the firearm, the date of delivery, and his signature. He shall then 'return the permit to the person obtaining possession of the firearm who shall- " (a) U nles:s the fireann is a shotgun, an antique fireann, an air gun, or other class of firearm which does not require to be registered under section 9 of the Act, forthwith return the permit to the Arms Office nearest to his abode; or "(b) If the firearm ;is a shotgun, an antique firearm, an airgun, or other class of firearm which is not required to be registered under section 9 of the Act, retain the pennit as long as he has possession of the firearm: "Provided that, except where the firearm is a shotgun, he shall not be required to retain possession of the pennit after he has attained the age of 21 years." (2) This regulation shall come into force 3 months after the date of the notification of these regulations in the Gazette. 7. Registration of pistols-the principal regulations are hereby amended by inserting, after regulation 17, the following regulation: "17A. (1) Every application for a certificate of registration which is made in respect of a pistol by a persl(lll who is in possession of the pistol otherwise than pursuant to a permit under section 7 of the Act shall be in writing signed by the applicant, and shall state- "(a) The full name, address, and occupation of the applicant: "(b) A description of the pistol: "( c) How, when, where, and from whom the pistol was acquired: "(d) The reason why the applicant wishes to retain possession of the pistol. "(2) The pistol shall be delivered to the Arms Office with the application and shall be held by the Police pending a decision on the application." 8. Unlawful weapons-regulation 24 of the principal regulations is hereby amended by omitting from subclause (2) the word "Minister", and substituting the word "Commissioner".

4 122 Arms Regulations 1959, Amendment No /13 9. Incendiary grenades-( 1) The weapons described in the Second Schedule to these regulations are hereby declared to be unlawful weapons within the meaning and for the purposes of the Act. (2) The Second Schedule to the principal regulations is hereby consequentialay amended by inserting, after the item "Grenade dischargers, and grenades containing explosives:", the item set out in the Second Schedule to these regulations. 10. Semi-automatic pistols-( 1) The weapons known as semi-automatic pistols are hereby declared to be unlawful weapons within the meaning and for the purposes of the Act. (2) The Second Schedule to the principal regulations is hereby consequentially amended by inserting, after the item "Rocket launchers and ammunition therefor", the item "Sem!i-automatic pistols:". Reg. 5 (3) SCHEDULES FIRST SCHEDULE NEW FORMS 3 AND 3A SUBSTITUTED IN THE FIRST SCHEDULE TO THE PRINCIPAL REGULATIONS R.14 Form 3 PERMIT TO PROCURE FIREARM OR AMMUNITION Arms Act 1958, Section 7 and Section 8..., of... [Occupation] is permitted within..._... days from the date hereof, to obtain possession of a firearm of the following class (or ammunition of the following class and quantity):.... Dated this... day of Police Station: Rank:..._..._... NOTE: Every person who, pursuant to this permit, obtains possession of a firearm is required Ito return the permit to the ATms Office nearest to his abode forthwith after he obtains possession of the firearm. The only exception to this requirement is where the permit is issued to a person under the age of 21 years and is in respect of a firearm (such as a shotgun, an antique firearm, or an airgun) which is not required to be registered. In such a case the person is not required to return the permit to the Arms Office but must retain possession of the permit as long as he has possession of the firearm. After he has attained the age of 21 years he is not required to retain possession of the permit unless the firearm to which it relates is a shotgun.

5 1970/13 Arms Regulations 1959, Amendment No. 7 Fonn 3A 123 R. 14 (1) PERMIT TO PROCURE SHOTGUN Arms Act 1958, Section 7 No. [Surname] [Christian names] [Date of birth] [Address] a person of or over the age of 21 years, is hereby pennitted to obtain possession of a shotgun. Dated this... day of No Fee Rank:.... Anns Office:.... NOTE: The person named in this permit must retain possession of it as long as he has possession of a shotgun. SECOND SCHEDULE Reg.9 WEAPONS DECLARED UNLAWFUL WEAPONS Incendiary grenades; including the type commonly known as a Molotov cocktail and consisting of- (a) A container or containers, the only or principal contents of which is an inflammable liquid or mixture; and (b) A means of ignition of 1he inflammable substance or mixture, whether that means is a wick, an explosive or other device, a fuse, or a chemical. P. J. BROOKS, Clerk of the Executive Council. EXPLANATORY NOTE This note is not part of the regulations, but is intended to indicate their general effect. These regulations amend the Arms Regulations Regulation 2 substitutes new regulations 11 and lla in the principal regulations. The regulations deal with the importation of firearms and two new requirements are that- (a) The officer issuing the import permit must be satisfied. that the applicant is a fit and proper person to be permitted to import the firearm; and (b) An import permit under section 6 of the Act will now be required before starting pistols can be imported.

6 124 Arms Regulations 1959, Amendment No /13 Regulation 3: At present certain provisions of the Act do not apply to the delivery of.22 calibre single shot pistols to members of approved pistol clubs in certain circumstances. The amendment effected by this regulation will allow any other type of pistol to come Within the exemption if the use of the type of pistol by the club is for the time being approved in writing by the Commissioner of Police. Regulation 4 inserts a new regulation 13A whkh requires applications fen: permits to procure possession of pistols to be made in writing and to be delivered to the Arms Office nearest to the address of the applicant. Regulation 5 provides that a p'ermit to prooure possession of a shotgun issued to a person of or over the age of 21 years shall be in the form 3A set out in the First Schedule to these regulations. A new form 3 is also prescribed. This regulation comes into force 3 months after the date of the notification of these regulations in the Gazette. Regulation 6 substitutes a new regulation 15 in the principal regulations. The new regulation deals with the delivery of permits to procure firearms and it comes into force 3 months after the date of the notification of these regulations in the Gazette. It makes three main changes: (a) Where possession of a firearm (other than a shotgun) is obtained pursuant to any such permit the obligation to return the permit to the Arms Office is placed on the person obtaining possession of the firearm. (b) If the firearm is a shotgun the person obtaining possession of the shotgun retains the permit and does not return it to the Arms Office. (c) In addition an obligation to retain the permit is placed on any person under the age of 21 years who obtains possession of a tirearm, such as an airgun or an antique firearm, which is not required to be registered. Regulation 7 inserts a new regulation 17A which provides that an application for a certificate of registration, which is made in respect of a pistol by a person who is in possession of the pistol otherwise than pursuant to a permit under section 7 of the Act, shall be in writing. The pistol to which the application relates is to be delivered to the Arms Office with the application and held by the Police pending a decision on the application. Regulation 8 makes a minor amendment which is consequential on an amendment to the Act. Regulation 9 declares incendiary grenades (including Molotov cocktails) to be unlawful weapons within the meaning 'and for the purposes of the Act. Regulation 10 makes it clear that semi-automatic pistols are unlawful weapons within the meaning and for uhe purposes of the Act. Issued under the authority of the Regulations Act Date of notification in Gazette: 12 February These regulations are administered in the Police Department.