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Thread: New Firearms Legislation Simplified

  1. #1
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    New Firearms Legislation Simplified

    Here I have copied and pasted the new legislation but have included the first line of the definition along with each point which makes it much easier to follow and interpret.

    Meaning of prohibited firearm

    Prohibited firearm means the following firearms:
    a semi-automatic firearm (except a pistol), other than a semi-automatic firearm that is capable of firing only 0.22 calibre or less 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:
    Prohibited firearm means the following firearms: 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:
    Prohibited firearm means the following firearms: a pump-action shotgun that is capable of being used with a detachable magazine:
    Prohibited firearm means the following firearms: 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; and
    Prohibited firearm means the following firearms: includes any other firearm declared by Order in Council made under section 74A to be a prohibited firearm for the purposes of this Act.

    Meaning of prohibited magazine

    In this Act, unless the context otherwise requires, prohibited magazine,—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:
    In this Act, unless the context otherwise requires, prohibited magazine - in relation to any other firearm (except a pistol),—means any detachable magazine that is capable of holding 0.22 calibre or less rimfire cartridges and that is capable of holding more than 10 of those cartridges:
    In this Act, unless the context otherwise requires, prohibited magazine - in relation to any other firearm (except a pistol),—means any detachable magazine that is capable of holding more than 10 cartridges and being used with a semi-automatic or fully automatic firearm:
    In this Act, unless the context otherwise requires, prohibited magazine - in relation to any other firearm (except a pistol),—means any detachable magazine means any other magazine, whether or not detachable, that is capable of holding more than 10 cartridges; and
    In this Act, unless the context otherwise requires, prohibited magazine - in relation to any other firearm (except a pistol),—means any detachable magazine includes any other magazine declared by Order in Council made under section 74A to be a prohibited magazine for the purposes of this Act

    Meaning of prohibited part

    In this Act, unless the context otherwise requires, prohibited part means—a part of a prohibited firearm.
    In this Act, unless the context otherwise requires, prohibited part means—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.
    Last edited by ChrisW; 16-04-2019 at 05:15 PM.

  2. #2
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    I have confirmation from police that a pistol grip on a bolt action rifle (chassis) is not a prohibited part even if it fits an AR15, as long as its not put on a semi and is intended for a non restricted firearm then its all good.

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    Their goal is to prohibit mechanical parts that could enable a functioning semi-auto to be assembled. eg actions, bcg, etc.
    A pistol grip is a different kettle of fish from an ar15 lower. You cant assemble a functioning ar15 without a lower, but you can do it without a pistol grip. Its more of an accessory than an integral part of a semi-auto; aka prohibited firearm.
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    Looks to me that .22 with a fixed mag perhaps holding over 10 may actually be exempt.
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    Quote Originally Posted by Woody View Post
    Looks to me that .22 with a fixed mag perhaps holding over 10 may actually be exempt.
    Yes that is a funny situation as the rifle itself is fine , however it has a prohibited magazine permanently attached. So it’s only the magazine that is prohibited and not the firearm. A person would only be in possession of a prohibited magazine and not a prohibited firearm.

  6. #6
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    Quote Originally Posted by ChrisW View Post
    Their goal is to prohibit mechanical parts that could enable a functioning semi-auto to be assembled. eg actions, bcg, etc.
    A pistol grip is a different kettle of fish from an ar15 lower. You cant assemble a functioning ar15 without a lower, but you can do it without a pistol grip. Its more of an accessory than an integral part of a semi-auto; aka prohibited firearm.

    Indeed, clarification in writing was needed from my end so we were not selling something that could potentially be prohibited.
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    Store owner from Shooters Supplies Chch has conformation from Wellington that S&W MP-22 is fine. 10 round mags and is not compatible with prohibited firearms other than just furniture.

    The Colt 22 should be exempt too. I have one on E so may try and see if it can be kept rather than bought back. Just need to find some 10 round mags for it.
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    Quote Originally Posted by Woody View Post
    Looks to me that .22 with a fixed mag perhaps holding over 10 may actually be exempt.
    How so?

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    Because they specfically excluded .22 rimfire in first paragraph and then only specified removable mags in all the rest of the paras.

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    In regards to the .22 you need to be looking at the definition of a prohibited magazine not a prohibited firearm . Note the 4th point

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    https://www.parliament.nz/resource/e...a0b09c01d39457

    Try this link for a flow chart.

    I'm still confused over some things.

    Are .22 rimfire rifles exempt from the "prohibited parts" definition? Some examples:

    You have a 10/22. This rifle has been used as an example of a firearm that is exempt. But - the trigger components can be used to make functional a Ruger PC9; a prohibited firearm. Are these now prohibited parts?

    Also, the barrel in your 10/22 can be fitted to a Kriss Defiance upper receiver (uses standard AR receivers, which I'm guessing are prohibited parts). Is your barrel therefore a prohibited part?

    Regarding the S&W MP15-22, the trigger group can be used in a centrefire AR15. Does this mean you are in possession of prohibited parts if you have one of these rifles?
    Last edited by Beavis; 16-04-2019 at 06:13 PM.
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    Noted @ChrisW. You are probly correct but it may be a grey area worthy of appeal by those with older rifles. I suggest this because the second tranche may have tge powers to add subclauses and exclusions to both the O IN C and the first tranche. I just have a gut feeling they may be getting "sensitized" by now.
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    Quote Originally Posted by Beavis View Post
    https://www.parliament.nz/resource/e...a0b09c01d39457

    Try this link for a flow chart.

    I'm still confused over some things.

    Are .22 rimfire rifles exempt from the "prohibited parts" definition? Some examples:

    You have a 10/22. This rifle has been used as an example of a firearm that is exempt. But - the trigger components can be used to make functional a Ruger PC9; a prohibited firearm. Are these now prohibited parts?

    Also, the barrel in your 10/22 can be fitted to a Kriss Defiance upper receiver (uses standard AR receivers, which I'm guessing are prohibited parts). Is your barrel therefore a prohibited part?

    Regarding the S&W MP15-22, the trigger group and charging handle can be used in a centrefire AR15. Does this mean you are in possession of prohibited parts if you have one of these rifles?
    I think how it’s written- if they wanted to, they could win a case with those parts in a .22.
    The question is , given the context do they want to. And do they want to set a precedent for it. I personally don’t think they would.

    How it’s worded now it could cover almost anything they wanted it to. It’s a very wide reaching piece.

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    Yes. It's somewhat strange. However I think the way law is interpreted, this leading clauses dominate subsequent ones, but it would be good to hear some legal opinions

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    Quote Originally Posted by Beavis View Post
    https://www.parliament.nz/resource/e...a0b09c01d39457

    Try this link for a flow chart.

    I'm still confused over some things.

    Are .22 rimfire rifles exempt from the "prohibited parts" definition? Some examples:

    You have a 10/22. This rifle has been used as an example of a firearm that is exempt. But - the trigger components can be used to make functional a Ruger PC9; a prohibited firearm. Are these now prohibited parts?

    Also, the barrel in your 10/22 can be fitted to a Kriss Defiance upper receiver (uses standard AR receivers, which I'm guessing are prohibited parts). Is your barrel therefore a prohibited part?

    Regarding the S&W MP15-22, the trigger group can be used in a centrefire AR15. Does this mean you are in possession of prohibited parts if you have one of these rifles?

    As I understand the current interpretation, those parts would only be banned if they could be used to convert a legal firearm into a banned one. So no, those parts aren't prohibited as far as I can see.

    Whether they decide to 're-interpret' it later to suit whoever happens to be in charge is another more concerning question though.

 

 

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