Gun enthusiast wins court battle with police

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Tue, 02 Mar 2010 6:00p.m.

In 2009 police attempted to further restrict modern semi-automatic rifles equipped with thumb grips

In 2009 police attempted to further restrict modern semi-automatic rifles equipped with thumb grips

By Lachlan Forsyth

Gun owners have won a battle with the police over attempts to further restrict the weapons they own.

A Palmerston North enthusiast took the police to court, arguing they were going beyond their brief.

Last year police attempted to further restrict modern semi-automatic rifles equipped with thumb grips, which would have meant costly extra security measures for gun owners, and limits on how and where they could use them.

But Richard Lincoln of the National Shooters Association successfully argued police were trying to change the law rather than just enforce it – something they had no power to do.

“The judge has quite rightfully said, in the decision of the High Court, that a pistol grip on a rifle is a safety feature which allows the operator of the firearm optimum control,” he says.

“The difference is whether or not Parliament in this country makes the law, or whether people can legislate outside Parliament to introduce firearms regulations that are not sanctioned,” says Mr Lincoln.

Gun dealer David Tipple says police went way beyond their brief, labelling the judgement “very sensible”.

“Brings the police right into line and makes their expanded definition of the law illegal – they should never have tried it in the first place. They were unreasonably intransigent, they simply didn’t listen,” he says.

It is always responsible gun owners who end up getting penalised, Mr Tipple says, though police say they just want to clamp down on dangerous weapons.

“That’s not a bad thing, it’s a great thing. But let’s look at where we really have a problem,” says Mr Tipple.

Police would not comment today saying they need to review the decision, consider the implications of the judgement and decide what action they may take.

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Comments

07 Mar 2010 09:11p.m.

Bukster wrote:

I hope this is the end of it and police don't try to ram this through some other way. As has been pointed out many times, this would only affect gun owners who respect the law in the first place. Jan Molenar had no gun licence and wasn't obeying any gun laws with the guns he used. No law changes will affect the likes of him. In the mean time, a police officer has already been killed using a high powered air rifle. There are no law changes even in the pipeline concerning those types of rifle. It's hard to understand how police think sometimes. The proposed changes never made any sense.

07 Mar 2010 01:03p.m.

fixdeluxe1 wrote:

I have all of the endorsments you can get on your New Zealand Firearms Licence(Dealers,MSSA,Collectors and theatrical/demosntration).My Nephew just turned 16 and was isssued his firearms licence.It's a privellege and should be a right(I am inherintley left-wing,not right-wing) as firearms and other weapons are just tools,that have all the uses of a hammer,sickle plow and shovel.I believe you should just get one "Weapons Licence" and then be able to purchase whatever you want,I mean criminals find it just as easy to acquire weapons regardless of the law,so why are law-abiding citezens restricted because of this.

05 Mar 2010 04:26p.m.

Doug wrote:

A good decision. The police should not be trying to unilaterally extend legislation.

05 Mar 2010 10:01a.m.

Warwick wrote:

I wrote to the police minister in September about the police taking the law in to their own hands over this matter, and was told she didn't involve herself in day to day policing (which left me wondering what her role is then). I reluctantly sold my sporting configured semi-auto rifle to comply with the Polices new rules as I didn't really want an E-cat licence and could not justify spending $1000 to $1500 on a E-cat storage safe to put it in. What i want to know, now that the police have withdrawn their advertising and had their new rules overturned,is are they going to compensate me for the money that I have lost (approx $750) selling what was a reasonably new rifle, unnecessarily, but on their direct instructions? I had trouble finding a buyer for it due to its reclassification...and then also had to then spend more money buying a bolt-action replacement for it, so all up this has still cost me $1650! Maybe TV3 could take this up with the Minister or Police Commissioner?...as not only have they wasted public money but they have unnecessarily wasted law-abiding New Zealander's personal money as well! I did some research prior to writing to the Police Minister and was surprised myself at how low the statistics are for crime involving firearms in New Zealand...the media play it up but it is very very low.

04 Mar 2010 05:40p.m.

REASONABLE wrote:

PENNI Guns will ONLY be an issue if they end up in the wrong hands

03 Mar 2010 05:55p.m.

Scotty wrote:

Hahahahahaha, I believe I said just this right fromthe beginning, the police don't have the power to change laws or the way they are interpreted. They need case law to back this up. Either way I got my E-Cat for free so just as happy!

03 Mar 2010 12:41p.m.

Shane wrote:

Penni, anything in the wrong hands (not just guns), cars, alcohol, knives, will always be an issue. The point is we dont harass owners of kitchen knives and cars to nearly the same level as firearm owners, yet knives and cars are responsible for far more deaths and far easier to obtain and use.

The time has come in NZ to start concentrating the criminal users of these items rather than the harassment of legal and law abiding firearms owners, its a waste of time and money and only alienates good people further, the very people that the police should be seeking support from.

02 Mar 2010 10:52p.m.

PENNI wrote:

Guns will always be an issue especially if it is in the wrong hands.

02 Mar 2010 10:17p.m.

Shane wrote:

Why do they (the media) refer to firearms as weapons all the time ? Last time I checked mine were used to shoot paper and pest rabbits. They are simply firearms, tools, sporting equipment in law abiding hands. Anything can be a weapon, kitchen knives, cars.

Please TV3 use proper words for this story and dont try to take away what little we have in terms of this victory, legal firearms owners in this country have been harassed by the police the public and the media for far to long, time to start picking on someone else, how about criminals ??.

02 Mar 2010 07:44p.m.

Grant wrote:

Great to see justice triumph over blatant injustice. Good law abiding people don't deserve to be treated like garbage so I'm glad that the very obvious law has been upheld and the wildly ridiculous foolishness that was the police misinterpretation has been crushed definitively.