Govt to introduce new firearms Bills

Both Bills will be introduced into parliament by the end of the year. Photo: NZ Police.

The Government will make it illegal for high risk people to own firearms by introducing Firearms Prohibition Orders.

The aim of the orders is to strengthen action already taken to combat the influence of gangs and organised crime to help keep New Zealanders and their families safe, says Police Minister Poto Williams and Justice Minister Kris Faafoi.

The Government's Firearms Prohibition Orders will offer additional controls on specified people, for instance, controls on where a person may reside or visit. See below for a full list of controls.

'It is no secret that gun crime is an increasing concern to our communities and we need to take further action to make sure New Zealanders and their families are kept safe,” Police Minister Poto Williams says.

'It is a privilege, not a right, to own or use a gun in this country and we need to take that ability out of the hands of people who pose a threat to our communities.

'FPOs will protect the public from harm by prohibiting high-risk people from accessing, being around, or using firearms.”

Breaching the conditions of a Firearms Prohibition Order will be a criminal offence.

Poto Williams. Photo: Dom Thomas/RNZ.

'This Government is very clear that violent gangs and other criminals cannot continue to threaten, intimidate, and exploit our communities,” says Williams.

'Firearms Prohibition Orders provide an extra tool for police to keep firearms out of the hands of criminals, and to keep our communities safe.

'This complements work this Government has already taken, including a record investment in Police meaning we have been able to go hard against gangs and organised crime networks. We have the largest police workforce ever, with 700 officers to be focused on organised crime.”

Alongside this, the Criminal Proceeds (Recovery) Act will be amended to introduce a new power enabling seizure of assets of those associated with organised crime – where the person's known legitimate income is likely to have been insufficient to acquire the asset.

Kris Faafoi. Photo: Daniel Hines/SunLive.

'We're hitting gangs where it hurts – their pockets,” says Kris Faafoi.

'This new organised crime power will help prevent those involved in organised crime from benefitting from crime and remove the primary reason for organised crime to exist – the profits they can make from vulnerable New Zealanders.

'Those involved in organised crime, including those who launder their money, would have to demonstrate their assets were obtained legitimately.

'These reforms signal that those who choose to be associated with groups actively undertaking criminal activities in our communities are liable to have their property subject to investigation by the Commissioner of Police and risk wider asset forfeiture.”

Faafoi says police have a proven track record in restraining and recovering proceeds of crime with over $1billion restrained since the legislation came into being, and this amendment to the Criminal Proceeds (Recovery) Act will enhance this capacity

'Through Labour's record investment in more police, we are seeing more investigators and specialists focusing on serious and organised crime, at national and district level,” says Williams.

Both the Firearms Prohibition Order Bill, and the Criminal Proceeds (Recovery) Amendment Bill will be introduced into the House before the end of the year, and the public will have an opportunity to comment on the bills when they are referred to select committee.

What the order means

- The Government's Firearms Prohibition Orders will ensure that a person subject to an Order cannot use a firearm under the supervision of a licensed firearm owner.

- A person subject to a Firearms Prohibition Order cannot own, use, access or be around firearms. Unless the Court says otherwise, they also cannot reside in locations where there are firearms, visit specific locations where there are firearms, or associate with someone who has a firearm on them. Breaching the conditions of the Firearms Prohibition Order will be a criminal offence.

- Qualifying offences will be serious firearms offences (those which would disqualify someone from holding a firearms licence), serious violent offences (as defined in section 86A of the Sentencing Act 2002), an offence of participation in an organised criminal group (section 98A of the Crimes Act 1961), and terrorism-related offences under the Terrorism Suppression Act 2002.

- The penalties envisaged would depend on which conditions the person had breached: A person who was found in possession or control of a firearm would face a penalty of up to five years imprisonment, or up to seven years imprisonment if the firearm was a prohibited firearm.

- If the person breached a condition such as residing in a location where there were firearms, or visiting a prohibited location such as gun shop, the penalty would be up to two years imprisonment.

- There would also be an offence if another person knowingly supplied a firearm to a person subject to a Firearms Prohibition Order. This offence would have a penalty of up to five years imprisonment, or up to seven years imprisonment if the firearm was a prohibited firearm. This recognises the risk posed by providing firearms to a person that is a subject to a Firearms Prohibition Order.

- Someone subject to a Firearms Prohibition Order can still associate with friends and family who have a firearms licence, providing the licence holder has securely stored their firearms.

- However, the subject person would not be able to reside in a place where firearms are kept, or associate with a person who has a firearm on or about them, for instance, they won't be able to go hunting with someone who has a firearm. And the person subject to a Firearms Prohibition Order would not be able to visit locations such as arms fairs, firearms dealers or manufacturers, firearms clubs, or shooting ranges.

- A Firearms Prohibition Order would last for 10 years. It cannot be renewed. However, a person can be subject to a subsequent Firearms Prohibition Order if they are convicted of a subsequent qualifying offence, and the Court considers it appropriate to impose another Firearms Prohibition Order.

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7 comments

guns

Posted on 11-05-2021 09:46 | By dumbkof2

does this mean it will be illegal for the gangs to have guns. yeah right tui ad


High risk people?

Posted on 11-05-2021 13:02 | By morepork

This is a flailing attempt by an incompetent Government to "do something" about rising criminal gun use. It is obvious that this legislation removes basic Human Rights from people who are considered "high risk". But considered by whom? What if they decide that certain political opponents are "high risk"? Gangs will retain guns and they will use them. A more effective way would be to make threatening with a firearm or use of a firearm during a criminal act, mandatory, 7 years jail, MINIMUM. Going after the profits of crime, and especially where amassed by gangs, is a good move. I don't believe you can legislate against people, based on someone's opinion of them being "high risk".


Lol

Posted on 11-05-2021 13:50 | By Slim Shady

Waste of time.


@morepork

Posted on 11-05-2021 13:55 | By This Guy

Access to firearms isn't and has never been a basic human right.


Wont affect the criminals

Posted on 11-05-2021 14:07 | By an_alias

Just another farce from inept govt. Do you think the criminals check each others mental state before black market transactions ?


Excellent Idea

Posted on 11-05-2021 15:11 | By Yadick

This'll have the gangs running scared and handing in their illegal firearms. This should render a definite, substantial decrease in criminal activity with firearms. Labor is building pretty sandcastles in the path of an incoming tide. Moreporks 7yrs minimum sentence would see much better results but would have to be maximum security. Best though is Slim Shady's headline - Lol


More Virtue Signalling

Posted on 11-05-2021 15:57 | By Bob Landy

Will these new firearm bills apply to gangs?


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