Nicole McKee announces gun law changes; invokes coalition clause over military-style semi-automatics access

The powerful firearms provoke strong reactions because of their association with mass shootings, not only in Christchurch in 2019 but also Aramoana in 1990, which took place 35 years ago this Thursday.

Opponents of wider access, including the Police Association, argue the risk is too great: more of them in circulation means a greater chance of one falling into the wrong hands.

McKee has also decided not to move the Firearms Safety Authority - Te Tari Pūreke (FSA) out of police, even though the National-Act coalition agreement committed to it.

She was previously determined to do this, following several privacy breaches that damaged the trust between LFOs and the FSA.

“I am committed to doing it. It’s in the coalition agreement. It’s something that needs to be done," McKee told the Herald in April, even at a potential high cost of building a new IT system to continue the real-time information sharing between the FSA and frontline police.

Today she said the cost estimate was about half a billion dollars, and going ahead could compromise the security of the data with FSA and within Police.

Instead the FSA would remain within Police but as an independent entity, with its own chief executive reporting to the responsible minister, rather than the Police Commissioner, with the Ministry of Justice providing oversight and monitoring.

“Sworn officers will not be able to serve as either the chief executive or be directly employed by the regulator,” McKee said.

There would also be a new independent committee to review licence conditions, or decisions to refuse or revoke licences. The committee would have three members: a member of the firearms community, someone appointed by the regulator, and a lawyer.

McKee said she had achieved about 90% to 95% of what she wanted in the reforms, but much will still depend on how the changes are implemented.

A former spokesperson for the Council of Licensed Firearm Owners, McKee has repeatedly stated her wish to allow more access to MSSAs under strict conditions, believing the law changes following the Christchurch terror attack had unfairly punished law-abiding gun owners.

This was always going to be a tall order, however, because with opposition parties against it, the Act MP would need the support of both National and NZ First.

During the third leaders’ debate in the 2023 campaign, National Party leader Christopher Luxon said greater access to MSSAs was “not going to happen”, and National has u-turned on its previous position to allow MSSAs for competitive shooting.

Since becoming Prime Minister, Luxon has been respectful to the coalition agreement by saying no decisions have been made regarding MSSAs, but today McKee’s proposals have no changes to MSSA access.

This follows the Government’s decision to keep the gun registry, which McKee wanted to scrap, triggering Act to use the “agree to disagree” clause in its coalition agreement.

Act and McKee will do the same over MSSA access.

The Federation of Islamic Associations of NZ called the overall proposals a “healthy balance”, adding that “the Muslim community and the wider public have understood the devastating impact that misuse of firearms can have”.

Gun Control NZ praised National and NZ First for maintaining the ban on MSSAs, and supported the proposals while describing them as “mostly tinkering”.

New offences in McKee’s proposals include:

These are the first provisions about technology that didn’t exist when the current law was written, in 1983. But they’re not exactly what police had wanted: a new offence for possessing blueprints for 3D-printed firearms and firearms parts.

Since 2018, police have seized 58 3D-printed guns and between 200 to 300 3D-printed firearms parts, but McKee has previously told the Herald there were opportunities for 3D innovation that she wanted to enable.

“Innovative stuff that no one else is doing in the world: very lightweight 3D-printed stocks that are on average half the weight of a normal stock,” she said in April, which could benefit the Defence Force or hunters.

This could also give someone with nefarious intentions a legal way to 3D print arms items, however.

The proposals plan to mitigate these risks by requiring the right licence and endorsements to enable legal possession before any manufacturing can take place, and if they then sell the 3D-printed parts, it would have to be through a licensed business.

McKee said a blanket ban would unfairly punish legit New Zealand businesses that are currently leading the world and exporting products.

She said a statutory “red flag” system would be established, so police and other agencies “can continue to signal to the firearms regulator when they have relevant intel that might trigger a review of whether a LFO remains a fit and proper person”.

Penalties for over 60 Arms Act offences would also be increased.

“Criminals are on notice that if they break the law, they can expect harsher penalties with increased fines and longer prison sentences,” McKee said.

Some of the language in the law would also be changed, from “prohibited firearm” to “restricted firearm”, for example, and a “specially dangerous air gun” to a “high energy air gun”.

The proposals would introduce infringement offences, which do not result in criminal convictions, for low-level offences, such as failing to notify the regulator of a change of address.

Other proposed regulatory changes include:

“One particular issue that has been raised with me is the ambiguity around secure storage requirements. In practice, the current rules are interpreted as requiring firearms and ammunition to be stored at an LFO’s primary residence, but sometimes that is not the most appropriate or secure place,” McKee said.

“The changes will clarify that secure storage can be at any premises approved by the regulator. This will mean that people in university halls, renters, or those living with someone with a mental health concern can more safely and securely store their firearms at another more suitable location.

“The new Act will also include practical changes to ensure LFOs can continue to safely enjoy, and benefit from, the responsible use of firearms.”

Derek Cheng is a senior journalist who started at the Herald in 2004. He has worked several stints in the press gallery team and is a former deputy political editor.