Public consultation on the Arms Act rewrite

A standard licence enables the licence holder to sell firearms and ammunition privately to another licence holder without any record keeping obligations beyond the Firearms Registry.

Different rules apply to individuals and employees who wish to be dealers. The operation of the Firearms registry is out of scope of this consultation.

Who can be a dealer?

A firearm dealer in New Zealand is a person who:

• operate a business that sells, hires, lends, or supplies arms items
• operate a business that repairs or modifies arms items
• operate a business that manufactures arms items for sale, hire, lending, or supply
• display arms items in a bona fide museum
• possess arms items for auction.

To become a firearm dealer, a person must first have a firearms licence, and then apply for and obtain a dealer's licence.

Firearms dealers are central points within the firearms community. They are the means by which many firearms are imported into New Zealand, and are a primary source for trade, repair, or hire of firearms. Many individuals buying their first firearm go to a dealer both for advice and to buy a firearm.

In 2020, the Act extended the scope of the activities that fall within the category of dealer to include the directors or curators of museums displaying firearms and other weapons.

Who doesn’t need a dealer’s licence?

There are three exceptions to needing a dealer’s licence:

• a firearms licence holder who offers commercial hunting guide services, and during the provision of these services supplies no more than six firearms (not pistols, restricted, or prohibited products) to one or more clients at any one time
• the nominated member of a shooting club selling, hiring, lending, or suppling firearms to club members or on club premises with the prior approval of the management committee of the club or a majority vote of club members, and the revenue from the sale, hire, lending or supply of the firearms is used for the benefit of the club
• a licence holder only selling ammunition as part of retail activities.

Dealer’s licence

A person wanting to be a dealer must make an application to the Firearms Safety Authority (FSA).

Before issuing a dealer’s licence, the FSA:

• checks the person has a standard firearms licence
• undertakes a test to determine if the applicant is a fit and proper person to hold a dealer’s licence. This test is over and above the test for a standard firearms licence, and includes the applicant having a sound knowledge of firearms and understanding of their legal obligations as a dealer
• vets applicants, but also family sharing the same household, employees, and all business owners
• considers the legal form of the business and assesses the scale of the business and adequacy of security arrangements
• considers the type and category (class) of products to be traded, or manufactured
• the adequacy of recording systems to enable ready accessibility and audit of records.

The dealer’s licence is issued by the FSA for a specific place of business and lasts for one year.

If a dealer wishes to occasionally undertake dealer activities at places other than the place of business specified on the dealer’s licence they must have a condition on their licence that allows this.

Employees of dealers need a firearms licence

Employees of dealers who handle or have access to firearms or ammunition must also hold a firearms licence.

Dealers require endorsements and permits to possess certain products

Similar to the rules for standard firearms licences, dealer’s licences also have a system of endorsements and permits.

Dealers who possess pistols, prohibited firearms, prohibited magazines, or restricted weapons for the purpose(s) of dealer activities are required to hold an endorsement on their dealer’s licence.

Once an endorsement has been attained from the FSA for a specific product, a dealer must then obtain a permit before taking possession of or importing any prohibited firearm, prohibited magazine, pistol, or restricted weapon.

The endorsement is valid while the dealer’s licence remains current. Endorsements must be applied each time an application is made for the dealer’s licence. Endorsements applied to a dealer’s licence last for the term of the licence, which is one year.

Endorsements for employees of dealers

Employees of dealers who handle or have access to firearms or ammunition must hold a firearms licence. Employees of dealers who handle pistols, prohibited items or restricted weapons also require an endorsement. This is assigned to their 5 or 10-year standard firearms licence. The employee’s endorsement must be renewed annually. This usually happens at the same time as the employer’s dealer licence is renewed.

Dealers can manufacture firearms products for others

Dealers are the only licence holders legally allowed to manufacture firearms products for other people, if their licence conditions permit it. This includes the manufacture of 3D printed firearms products for other people. Anyone who manufactures or supplies parts to another person for a firearm must have a dealer’s licence.

A new area emerging in manufacturing firearms is 3D printing. While not specific to manufacturing of firearms products, the technology is rapidly evolving to enable cheap manufacturing of different kinds of products globally.

An import permit is required when importing firearms and other specified arms item into New Zealand.

A person must apply to the FSA for this permit. The FSA will:

• check the applicant is lawfully able to possess the item
• in some instances, ask for a sample to test the product
• for some products, ask the applicant why the product should be allowed into New Zealand.

Once issued, the import permit specifies that:

• products can enter New Zealand in a single consignment or multiple consignments over a 30-day period
• after 30 days, the permit ceases to apply to any items that were not imported within the 30-day time period
• the permit must be used within 12 months of when it was issued.