A Turning Point for Firearms Regulation: Implications of Legislative and Operational Reforms in the Wake of the Christchurch Shootings Prepared by Nathan Swinton With funding from the sponsors of the Ian Axford (New Zealand) Fellowships in Public Policy September 2019 Established by the New Zealand government in 1995 PO Box 3465 Phone +64 4 472 2065 to facilitate public policy dialogue between New Zealand Wellington 6140 E-mail [email protected] and the United States of America. New Zealand www.fulbright.org.nz © Nathan Swinton, 2019 Published by Fulbright New Zealand, July 2019 The opinions and views expressed in this paper are the personal views of the author and do not represent in whole or part the opinions of Fulbright New Zealand or any New Zealand government agency. Ian Axford (New Zealand) Fellowships in Public Policy Established by the New Zealand Government in 1995 to reinforce links between New Zealand and the US, Ian Axford (New Zealand) Fellowships in Public Policy provide the opportunity for outstanding mid-career professionals from the United States of America to gain firsthand knowledge of public policy in New Zealand, including economic, social and political reforms and management of the government sector. The Ian Axford (New Zealand) Fellowships in Public Policy were named in honour of Sir Ian Axford, an eminent New Zealand astrophysicist and space scientist who served as patron of the fellowship programme until his death in March 2010. Educated in New Zealand and England, Sir Ian held Professorships at Cornell University and the University of California, and was Vice-Chancellor of Victoria University of Wellington for three years. For many years, Sir Ian was director of the Max Planck Institute for Aeronomy in Germany, where he was involved in the planning of several space missions, including those of the Voyager planetary explorers, the Giotto space probe and the Ulysses galaxy explorer. Sir Ian was recognised as one of the great thinkers and communicators in the world of space science, and was a highly respected and influential administrator. A recipient of numerous science awards, he was knighted and named New Zealander of the Year in 1995. Ian Axford (New Zealand) Fellowships in Public Policy have three goals: To reinforce United States/New Zealand links by enabling fellows of high intellectual ability and leadership potential to gain experience and build contacts internationally. To increase fellows’ ability to bring about changes and improvements in their fields of expertise by the cross-fertilisation of ideas and experience. To build a network of policy experts on both sides of the Pacific that will facilitate international policy exchange and collaboration beyond the fellowship experience. Fellows are based at a host institution and carefully partnered with a leading specialist who will act as a mentor. In addition, fellows spend a substantial part of their time in contact with relevant organisations outside their host institutions, to gain practical experience in their fields. The fellowships are awarded to professionals active in the business, public or non-profit sectors. A binational selection committee looks for fellows who show potential as leaders and opinion formers in their chosen fields. Fellows are selected also for their ability to put the experience and professional expertise gained from their fellowship into effective use. ACKNOWLEDGEMENTS My report and fellowship experience would not have been possible or as rewarding without the support and kindness of many people. Though by no means an exhaustive list, I would like to thank the following: Roy Ferguson and the rest of the Axford Fellowships Board of Directors, for making this experience possible; Penelope Borland and the Fulbright New Zealand team, for the helpful orientation programme, logistical support, and hospitality at many morning teas; Kyla Orr, for the countless things she did to help get me settled, for having such a great sense of humour, and for reminding me of the importance of pushing the boundaries of one’s comfort zone; The Civil Law and Human Rights team at the Ministry of Justice, for their collegiality and friendship; Michael McIlraith and the Policy team at the New Zealand Police, for making time and space for me during an intense period for firearms policy; Daniel Perkins, for being instrumental in my being selected for the fellowship and for, along with Duane McKibben, welcoming me into your Wellington lives. This experience would not have been the same without the two of you being a part of it; Wendy Walker and John Blincoe, for greeting me at the airport upon my arrival and sticking by me ever since. The Axford programme is lucky to have you as two of its biggest champions; Jennifer Ricketts and the rest of the management team at the Department of Justice’s Federal Programs Branch and Civil Division, for recognizing the value of the fellowship, providing me the opportunity to have this experience, and encouraging me to post pictures; John Smith, for blazing the trail, nudging me to apply for the fellowship, and always being a great friend; My parents, Jan and Duane, and my sister Jennifer, for their constant love and support; Alexa Daniels-Shpall, Laura Berntsen, and Paul Phifer, for being three of the best co- fellows, travel buddies, and cold-weather swimmers with whom I could’ve hoped to share this experience; Carlos Uriarte, for cheering on my application, always being up for an adventure, and finding ways to share this experience with me from 8,500 miles away. I look forward to more adventures – and more New Zealand wine – in our future. iii TABLE OF CONTENTS EXECUTIVE SUMMARY ....................................................................................................... 1 PART ONE: BACKGROUND OF FIREARMS REGULATION IN NEW ZEALAND ......... 2 I. History of New Zealand Firearms Regulation ............................................................... 2 1. Firearms Use and Firearms Controls in New Zealand Before 1983 .......................... 2 2. Arms Act 1983 and Arms Amendment Act 1992 ...................................................... 4 A. Arms Act 1983 ....................................................................................................... 5 B. Arms Amendment Act 1992 .................................................................................. 8 3. The Thorp Report ..................................................................................................... 10 4. Post-Thorp Report Reforms ..................................................................................... 14 A. Efforts to Implement Changes Proposed by the Thorp Report ............................ 14 B. Narrow, Specific Amendments to the Arms Act ................................................. 16 II. Pre-Christchurch Legal Requirements and Police Administration of the Arms Act ... 20 1. Gun Ownership and Possession Within New Zealand ............................................ 21 2. Legislative and Regulatory Requirements ............................................................... 21 A. Licensed Individuals ............................................................................................ 21 B. Dealers ................................................................................................................. 24 C. Right to Bear Arms .............................................................................................. 24 3. Firearms Case Law .................................................................................................. 26 A. Challenges Involving the Construction of the Arms Act or Accompanying Regulations .................................................................................................................. 26 i. Practical Shooting Institute (NZ) Inc v The Commissioner of Police ............. 26 ii. Lincoln v Police ............................................................................................... 27 iii. Lincoln v Commissioner of Police .............................................................. 28 B. Challenges to Individual Licensing Decisions ..................................................... 29 C. Potential Future Legal Challenges ....................................................................... 30 III. Recent Reforms to Police’s Firearms Programme and the Arms Act ..................... 30 1. Police’s Administration of the Arms Act and Operational Reforms to the Firearms Programme ....................................................................................................................... 31 A. Police Operations and Administration of Arms Act ............................................ 31 iv B. Special Firearms Projects ..................................................................................... 33 i. Firearms Community Advisory Forum ............................................................ 33 ii. Whakatūpato Programme ................................................................................. 35 C. Operational Reforms ............................................................................................ 36 2. Christchurch Shootings and 2019 Legislative Reforms........................................... 40 A. Tranche 1: Banning MSSAs and Most Semi-Automatic Firearms ...................... 41 B. Tranche 2: Broad Array of Legislative Proposals................................................ 43 PART TWO: ANALYSIS OF KEY ISSUES FOLLOWING