New Zealand is currently undergoing a substantial overhaul of its firearms legislation, marking the most significant reform in over four decades. This initiative is largely a positive step, acknowledging the outdated nature of existing laws and the evolving societal landscape. However, the proposed legislation isn’t without its opportunities for further refinement.
While the measures addressing the types of weapons used in the Christchurch terror attack will be maintained, as will the establishment of a firearms register, there are other crucial avenues for enhancing public safety that warrant closer examination. Submissions on the Arms Bill are open until February 16th. Drawing on recent research conducted across nine comparable nations, several key areas present themselves as opportunities to strengthen New Zealand’s new firearm laws.
Bolstering Protection Against Self-Harm
A stark reality in New Zealand is that firearm deaths from suicide significantly outnumber those from homicide. While the rate is lower than in the United States, it remains higher than in countries like England, Wales, and Australia.
The most practical and impactful strategy to safeguard individuals contemplating self-harm who do not hold a firearms licence is the implementation of the most stringent possible standards for the safe storage of firearms. This would involve ensuring firearms are inaccessible and secured in a manner that prevents impulsive access.
To provide better protection for licensed firearm owners themselves, the law needs to actively foster the development of robust and responsible firearm-owning communities. This requires leadership from within the gun industry and associated organisations, promoting a culture of safety and accountability.
As detailed further, this proactive approach should be complemented by the input of mental health professionals. New licensing standards, coupled with comprehensive education and resources that align with the Ministry of Health’s existing Suicide Prevention Action Plan 2025–2029, are essential components. This integrated strategy aims to address the issue from multiple angles, focusing on prevention and support.
Enhancing Trade and Manufacturing Controls
The involvement of gangs and other criminal networks in the acquisition and distribution of illegal or unlicensed firearms is a pressing and escalating problem. The Ministerial Advisory Group on Transnational, Serious and Organised Crime has highlighted New Zealand’s ongoing struggle to effectively counter this threat, which has seen a concerning rise over the past five years.
Beyond its commitment as a signatory to the United Nations Convention Against Organised Crime, New Zealand must also fortify its domestic legal framework. A primary challenge lies in ensuring complete accountability for the estimated 1.5 million legal and licensed firearms currently in circulation, and crucially, the permanent removal of restricted firearms from public access.
By the end of August 2028, all firearms must be registered. With over 400,000 firearms already accounted for, the critical phase of registration is anticipated within the next two years. To facilitate this, three specific legislative changes would be highly beneficial.
Firstly, introducing third-party verification, potentially through licensed gun dealers, for all private sales of conventional firearms would significantly improve oversight of these transactions. This would create an additional layer of scrutiny, making it more difficult for illicit firearms to change hands undetected.
Secondly, implementing greater restrictions on the manufacture of firearms or their components, particularly in light of rapidly advancing technologies such as 3D printing, is imperative. This would necessitate specific licences authorising manufacture, ensuring that such activities are conducted under controlled and regulated conditions.
Thirdly, a further buyback program, operating at market rates, for all guns that should be on the register but are currently unlicensed is a necessary consideration. This initiative would aim to bring all legal firearms into the registration system, regardless of whether they are currently in criminal possession.
Improving Monitoring of Extremism
Political and ideological extremism represents a persistent threat, with alienated individuals estranged from their communities posing the most significant risks. While Australia has often been lauded for its exemplary firearms regulation, the Bondi terror attack served as a stark reminder that the risk of such events can never be entirely eliminated.
However, the new legislation can incorporate several valuable tools to mitigate these risks. These include:
- Mandatory Social Media Scrutiny: Conducting mandatory searches of the social media accounts of all firearms applicants would provide an early warning system for concerning behaviour or affiliations.
- Closer Scrutiny of High-Risk Associations: Applicants known to be closely associated with individuals deemed high-risk should undergo more rigorous scrutiny. This could involve background checks and interviews with associates.
- Mandatory Gun Club Membership: Requiring mandatory gun club membership for all firearm owners, as a prerequisite for possessing certain classes of firearms, would serve as evidence of a “genuine reason.” This is already a requirement for handgun owners in New Zealand.
- Education and Reporting Obligations: Implementing education programs for club members on how to identify concerning signs of extremism, coupled with a formal obligation to report such observations, would create a community-based vigilance system. This model is successfully employed in Quebec, Canada.
Beyond these proposed changes, the aftermath of the Bondi terror attack may also lead to tighter restrictions on the number of firearms and the quantity of ammunition an individual can possess. In New Zealand, a single individual can currently own up to 12 pistols, with no stated limit on the number of other standard firearms or the amount of legal ammunition they can acquire. Australian regulators are reportedly examining the current limits in Western Australia, which cap the number of firearms at five for individuals holding hunting or recreational licences.
Strengthening Age and Fitness Restrictions
Just as there are clear age and staged licensing requirements for operating a motor vehicle, firearm ownership should adhere to similar principles of gradual progression and demonstrated competence.
For individuals below a certain age – perhaps ten years old – direct handling of firearms should be strictly prohibited. Above this minimum age, young applicants should be actively encouraged and guided into accredited training and safety programs. This mentorship approach would foster a responsible understanding of firearms from an early age.
Firearms licences should be structured to allow access to firearms in gradual stages, mirroring the tiered system of a driver’s licence. Similarly, older firearm owners should be subject to shorter licence renewal periods, necessitating medical certificates to confirm their continued fitness to possess firearms.
Currently, if a medical professional deems an individual unsafe to drive, they are legally obligated to report them. However, in the context of firearms, a health practitioner is only notified after a licence has been issued, and the existing law grants them discretion, stating they “may” contact the police if concerns arise. This ambiguity needs to be addressed.
There should be no room for discretion in such critical cases; reporting should be mandatory to ensure public safety. Furthermore, it should be a mandatory requirement for all health officials to report any firearm injuries or accidents they become aware of during their clinical practice. This would provide invaluable data for injury prevention strategies and public health initiatives.
