The Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 is a New Zealand bill that amends the Arms Act 1983 to ban semi-automatic firearms, large capacity magazines, and parts that can be used to assemble prohibited firearms. It was introduced by Labour Cabinet Minister and Member of Parliament Stuart Nash in response to the Christchurch mosque shootings. The Bill passed its third and final reading on 10 April 2019, receiving royal assent the following day. The Arms Amendment Bill was supported by all parties represented in Parliament except the opposition ACT Party.
Legislation features
Key aims
The Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 seeks to remove semi-automatic firearms from public circulation by banning semi-automatic firearms, magazines, and parts that can be used to assemble prohibited firearms. This Act will extend the ban on Military Style Semi-Automatics (MSSAs) to include most semi-automatic firearms and some shotguns. Some small-calibre rimfire semi-automatic firearms and lesser-capacity shotguns are excluded from the prohibition. These excluded firearms have a limited magazine capacity and are commonly used for farming, hunting, and recreational purposes.
Proscribed items
Firearms and related devices prohibited under the Act include: Semi-automatic firearms, except for (provided that they are otherwise not prohibited): Pistols Firearms designed to discharge rimfire cartridges of .22 calibre or less Shotguns with a non-detachable tubular magazine that can hold 5 cartridges or less Pump-action shotguns which: Are capable of being used with a detachable magazine, or Have a non-detachable tubular magazine or magazines that can hold more than 5 cartridges Magazines for shotguns that can hold more than 5 cartridges Any magazine which can hold more than 10 cartridges Parts of a prohibited firearm, including a component, that can be applied to enable, or take significant steps towards enabling, a firearm to be fired with, or near, a semi-automatic action.
Other provisions
The Act provides exemptions to import, sell, supply, and possess semi-automatic firearms for licensed dealers, employees of the Department of Conservation, people engaged in pest control, bona fide firearms collectors, directors or curators of bona fide museums, approved broadcasters, and bona fide theatre companies or societies, or film or television production companies. The Act offers an amnesty for prohibited firearms, magazines, and parts to be surrendered to licensed dealers and the New Zealand Police by 30 September 2019, later extended to 20 December 2019. The Act also introduces several new offenses and penalties ranging from two to ten years for various offenses including unlawful possession of prohibited firearms, magazines, and parts; importing prohibited items without a permit; carrying a prohibited item with criminal intent; and knowingly supplying or selling prohibited weapons and parts.
History
Background
Following the Christchurch mosque shootings on 15 March 2019, Prime Minister Jacinda Ardern announced that the government would be changing New Zealand's gun laws. Attorney-General David Parker was later quoted as saying that the government would ban semi-automatic guns, but subsequently backtracked, saying that the government had not yet committed to anything and that regulations around semi-automatic weapons was "one of the issues" the government would consider. On 20 March 2019, Ardern announced that the government would ban all semi-automatic firearms and assault rifles and would also be introducing a buy-back scheme to remove all prohibited firearms from circulation. On 21 March, as an interim step, the government reclassified most semi-automatic firearms as "military style semi-automatic firearms" for the purpose of the Arms Act 1983, pursuant to section 74A(c) of the statute.
First reading
On 1 April 2019, the Minister of Revenue and Minister of Police Stuart Nash introduced the Arms Amendment Bill into parliament. It passed its first reading the following day and was referred to the Finance and Expenditure select committee. The proposed bill was supported by all parties except the opposition ACT Party. However, ACT's sole MP David Seymour was unable to vote since he had been talking to the media.