Tolley Anne: Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Tolley Anne: Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill — Second Reading 
[Sitting date: 22 May 2012. Volume:680;Page:2275. Text is incorporated into the Bound Volume.] 
Hon ANNE TOLLEY (Minister of Police) 
: 
 I move  
That the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill be now read a second time 
. This bill amends the Arms Act 1983 to clarify the definition of military-style semi-automatic firearms—MSSAs—and places controls on the importation of airguns that look like real pistols military-style semi-automatic firearms or restricted weapons. I would like to thank the members of the Law and Order Committee and in particular the chair of the committee Jacqui Dean for returning this bill to the House in good time. I would also like to thank all those members of the public who took time to submit on the bill. Committee members have commented on the high quality of a number of the written and oral submissions that were received. The concerns of submitters were listened to by the committee and many of these concerns have been reflected in the changes that the committee recommended. 
The bill does not seek to radically alter the status quo. What it will do is enhance the clarity of some provisions that relate to military-style semi-automatic firearms and enhance public safety by reducing the availability of airguns that look like real pistols military-style semi-automatic firearms or restricted weapons. The bill will create clarity around the definition of a military-style semi-automatic firearm by wording the definition in positive terms as a semi-automatic firearm that has one or more specified features rather than in negative terms with a list of features that a firearm in sporting configuration that is not a military-style semi-automatic firearm must be without.  
It also provides for the meaning of the term “pistol grip” to be spelt out clearly in regulations with the assistance of illustrations. The revised definition will return the interpretation of what is and is not a military-style semi-automatic firearm based on the style of stock back to what was generally understood and accepted by the firearms community between the passing of the 1992 Arms Amendment Act and 2008. The bill also provides for the use of regulations to provide a mechanism for establishing an authoritative position on the status of particular firearms types of firearms and firearm characteristics that are creating confusion or are subject to dispute. The bill will require those who import airguns that can be mistaken for real pistols restricted weapons or military-style semi-automatics to have a permit from police that allows their importation. A permit will be granted only if the Commissioner of Police is satisfied that there are special reasons why the airgun should be imported. Permits would also be issued to allow for legitimate importation of airguns for sporting and collection purposes and the like. This will reduce the ready availability of these types of airguns for criminal purposes. The bill’s restrictions on the importation of airguns will not apply to airguns that are clearly designed to be used for airsoft and paintball sports and could not be mistaken for real pistols military-style semi-automatics or restricted weapons. It is also intended that these provisions would not restrict the importation of airguns that are clearly manufactured solely as toys. These tend to not look anything like real pistols military-style semi-automatics or restricted weapons. 
The Law and Order Committee recommended a number of amendments which will clarify the intentions of the bill. Firstly the definition of the term “military style semi-automatic firearm” has been modified to provide greater technical accuracy and legal clarity and to make it clear as to the scope of the regulation-making powers. A definition of the term “semi-automatic firearm” has also been included that more accurately reflects the operation of a semi-automatic firearm. Secondly a change to the wording of the bill to clarify the provisions relating to magazine capacity has been made. Thirdly the committee recommended amendments to the bill to make it clear that the new description of restricted airguns which will require a permit to import is intended to include those that have the appearance whether with attachments or without attachments of being a pistol restricted weapon or military-style semi-automatic and that it is not necessary for such airguns to have the appearance of any particular model of pistol restricted weapon military-style semi-automatic or firearm capable of full automatic fire. 
Amendments were also made to make it clear that permits would not be required to import parts of restricted airguns but only the airguns themselves. A number of submitters expressed a range of concerns about the proposal in clause 11 of the bill to extend the regulation-making powers in section 74 of the principal Act. The committee listened carefully to these concerns and recommended that an additional layer of parliamentary scrutiny should apply to three of the four proposed regulation-making powers. This is to apply to regulations declaring particular makes and models of firearms or firearms of a stated description to be military-style semi-automatics and regulations declaring particular features of firearms to be features of a military-style semi-automatic. The committee has recommended that any regulations made by Order in Council under new section 74A(b) to (d) of the principal Act be confirmed by statute within the specified period. Such confirmation usually through a Subordinate Legislation (Confirmation and Validation) Bill would provide Parliament with an opportunity to consider the policy behind the regulations that need to be confirmed. If Parliament did not confirm the regulations they would become invalid.  
The committee recommended that a consequential amendment be made to the Arms Regulations 1992 to ensure that licensed dealers kept records of restricted airguns received for sale repair or modification or that are manufactured by the dealer in the same manner they record those particulars for firearms pistols military-style semi-automatics and restricted weapons. The committee heard from a number of submitters who indicated that they would like representatives from the New Zealand firearms community to have formal input when regulations relating to firearms use or restrictions are being considered. The committee agreed that improving the level and quality of consultation between police and members of the firearms community would be a positive step that would assist with the development of practical firearms policies. As a result of this I am informed that police have started actively exploring the establishment of an arms advisory forum. The intention is that this group would provide a forum for input to the police from the firearms community on legal and policy issues relating to firearms and would be convened whenever a relevant issue arose. 
In conclusion the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill improves the ability of the Arms Act 1983 to continue to take into account the interests of legitimate firearms users whilst at the same time protecting the public from the harmful use of firearms. Clarifying the definition of military-style semi-automatics is in the interests of gun owners as it removes uncertainties around which of their firearms will involve additional requirements for their possession. At the same time it improves the ability of the Arms Act to apply controls on the possession of military-style semi-automatics. I am confident that restricting the importation of airguns that can be mistaken for real pistols restricted weapons or military-style semi-automatics will limit their availability for criminal use and improve public safety. The bill has emerged from the Law and Order Committee with a number of changes as a result of the committee’s careful consideration of points raised by submitters. This has strengthened the bill and I commend the bill to the House.