Public consultation on the Arms Act rewrite

A standard firearms licence allows a person to possess and use, without supervision, firearms that are not otherwise prohibited or restricted e.g. pistols. There is no limit on the number of firearms a standard firearms licence holder can possess.

First time licences are issued for five years, with renewals being valid for 10 years if the applicant applies before their licence expires. Secure storage checks of firearms products occur as part of this assessment.  

If an applicant has surrendered a previous firearms licence, has had it revoked or it has expired before they apply for a new one, then the FSA will issue them a five-year licence (if their application is successful).

The Act says that applicants for a licence are assessed on whether they are considered to be a fit and proper person to possess a firearm. The FSA assesses firearms applications.

To apply for a firearms licence, the person must:

• be at least 16 years old
• be a person of good character who can be trusted to use firearms responsibly. Factors considered in this test include:
  • the applicant’s overall character and history, including information provided by them and their referees, and criminal record searches
  • an inspection of security arrangements where the applicant will store their firearm products
  • if the applicant has a sound knowledge of the safe possession and use of firearms
  • if the applicant understands the legal obligations of a firearms licence holder
  • if the applicant has not had a firearms licence revoked in the last five years, and is not disqualified from having a licence
  • has secure storage at their home or homes in which to store firearms and ammunition
  • not live with a person who has had a firearms licence revoked, been disqualified from having a firearms licence or been found not to be a fit and proper person to have and use firearms
  • any other relevant matters the FSA considers appropriate.

First time applicants (or those reapplying after expiry, surrender or revocation) must participate in a firearms safety course and pass a test on the Firearms Safety Code. The Code is the fundamental guide for the safe use of firearms in New Zealand.

Applicants need to self-declare mental health issues. As long as they are well managed and do not adversely affect the person’s ability to safely possess firearms, mental health issues are not necessarily a barrier to obtaining a firearms licence.

A standard firearms licence holder may manufacture their own firearm products that they can possess on that licence, provided it is for their own use. A standard licence holder cannot manufacture parts or firearms for anyone else unless they hold a dealer’s licence. This rule includes the 3D printing of firearms products.

Many firearms licence holders will have limited interaction with the Firearms Safety Authority (FSA) throughout the 5 or 10-year licence period if they stay at the same residential address, use their firearms products in a responsible manner, and do not engage in conduct that may render them unfit.

Every firearms licence is subject to a range of legislative conditions. For example, firearms licence holders must act in a way that does not pose a risk to themselves or others when using a firearm. The FSA is also able to prescribe unique conditions on licences, as required.  

The licence holder must produce any firearm to a member of Police on demand and permit the FSA to inspect all firearms products in the licence holder’s possession and the place where the firearms products are or will be stored.

The licence holder must report any thefts or burglaries and inform the FSA if they move homes or change business residence where the firearms products are being stored so that the FSA can check security and storage arrangements.

The Government recognises that licence holders’ circumstances can change over the course of their licence period. In 2020, legislative changes required health practitioners to consider providing written notice to the FSA as soon as possible if they considered a firearms licence holder should not be permitted to use firearms or should only use firearms subject to certain limitations.

This is similar to requirements on health practitioners and optometrists to notify the New Zealand Transport Authority of concerns affecting driver’s licence holder’s ability to safely operate a motor vehicle.

Standard firearms can be used by unlicensed people under the immediate supervision of a licence holder. Immediate supervision means that the licence holder is physically present and actively supervising the unlicensed user, close enough to be able to take control of the firearm being used if necessary, and not using another firearm while providing supervision.

Airguns may be possessed and used by anyone aged 18 years or older without a firearms licence, or by 16 and 17-year olds with a firearms licence. Those under 18 years may use airguns if they are under the immediate supervision of a person aged 18 years or older, or a 16 or 17-year old with a firearms licence.

International visitors come to New Zealand to compete in various shooting events using rifles, shotguns, and pistols, and for hunting experiences, either independently or with a local guide.

People visiting New Zealand who wish to bring, possess or use a firearm without supervision must apply for a visitor’s firearms licence. A visitor licence is issued for one trip only to New Zealand. It will last the length of the visit, which must be no more than one year.

Before the applicant can be issued a licence, the Firearms Safety Authority undertakes an assessment as to whether they are a fit and proper person to possess a firearm. This includes validating details of the applicant’s shooter status in their home country, to confirm that they hold a firearms licence or equivalent there, and their fit and proper status.

If a visitor wishes to bring their firearms products into New Zealand, they must apply for a separate permit to import. 

The FSA meets the visitor at the airport to issue them with their visitor licence and to check the firearms products brought into New Zealand. The FSA also supports visitor departure to ensure firearms products are taken on departure or disposed of lawfully.

Endorsements, approvals, and permits to possess provide an extra level of control.

If a person wants to possess a firearm product other than that allowed on the standard firearms licence, they must first apply for an endorsement on their licence. This is because the user must have a legitimate reason for possessing and, in some cases, using a higher risk product.

Endorsements are needed to possess or import pistols, pistol carbine conversion kits, restricted weapons, prohibited firearms or prohibited magazines.

Endorsements on firearms licences operate in a similar way to driver’s licence endorsements. For example, a driver’s licence can be endorsed so that the driver can legally carry fare-paying passengers (e.g. a bus or taxi) or drive a forklift.

The types of users who require an endorsement on their licence include dealers and their employees, pistol shooting club members, collectors, people using firearms in entertainment settings and pest controllers. Once you have an endorsement on your firearms licence, you are eligible to apply for a permit to possess or import eligible products.

A permit to possess is official approval to buy or receive certain firearms products in New Zealand. Items that require a permit to possess include:

• pistols
• pistol carbine conversion kits
• restricted weapons
• prohibited firearms
• prohibited magazines.

Applications for a permit are made to the Firearms Safety Authority (FSA) and must state stating why a person/dealer wants to possess or import that specific item, and why it should be allowed in New Zealand if importing.

The permit must be applied for before taking possession of the product. The permit allows the possessor to buy or receive a specific product within a one-month period. If they do not buy or receive the item within the month, they must apply for a new permit. 

Once approved, the permit for the product attaches to the endorsement, generally for the term of the licence.

A person may apply for endorsements relating to prohibited firearms and magazines or parts of these products, but the endorsement has a very limited eligibility criteria and only lasts for 2.5 years.

There is also the ability for firearms licence holders who operate businesses (such as farm supply organisations) that sell ammunition to notification to the FSA of their activities. If the FSA approves them as an ammunition seller, they must maintain records of ammunition sales and secure storage for the ammunition they stock.

An overview of endorsements and permits is provided at Appendix 6 of the Arms Act rewrite discussion document.

The FSA provides guidance documents to support the licence holders to understand their legal obligations. The Act provides a list of topics where guidance documents could be issued. These include:

• the secure storage and transportation guide for firearms and ammunition
• markings (serial numbers) on arms items and parts
• how to demonstrate the positive behaviours, skills, and knowledge that are expected of a fit and proper person
• how to manage specific situations where non-licensed persons come into possession of a firearm
• general information about any aspect of the Act or regulations where further guidance or detail is useful.