So What is the TRUE Penalty for Having an Illegal Gun in New Zealand?

The Kiwi Gun Blog has been gathering as much hard data as we can to demonstrate where the true cause of our (Low) gun crime comes from – The pathetic penalties that offenders receive.

We have just received some shocking figures from the Ministry of Justice.

We wanted to keep it simple. So even the media and politicians could understand.

So we asked what the penalties were for those convicted of ‘Possession of a firearm without a license’.

There were 131 such cases over the 2016 calendar year.

Behold – the Terrible Punishment!

Twelve people were imprisoned.

Some for as little as 30 days. 44 days on average. 90 days was the most that anyone in New Zealand received for criminal possession of a firearm.

Think about that.

THAT is the deterrent.

Fourteen people received home detention.

Some for as little as 30 days. 92 days was the average.

Three people received Community Detention.

Some for as little as 120 days. 150 was the average. The worst received 180 days.

Four received Intensive Supervision.

Some for 270 days with an average of just under a year.

Oh… The Kiwi Gun Blog believe that THIS was one of those cases.

Forty received a sentence of Community Work.

Some for as little as 40 hours. An average of 96 hours and the unlucky guy getting 200 hours.

Six offenders received Supervision.

Some for as little as 270 days. The average was 285 days and the worst got a year.

Thirty Three offenders received a monetary penalty.

No doubt from their social welfare benefit.

The lowest fine was $188. The average was $378. The worst was $1000.

This is the part where we point out that not having current car registration is $200.

Oh and the price of the stolen gun they had was likely more than the average fine here.

Four Offenders had Deferment.

They can come up for sentence if called upon from 180 days to a year.

Fifteen offenders had ‘No sentence recorded’

This means that they were convicted and simply discharged.

Fucking Freebie.

But wait….

These are the penalties for those CONVICTED.

There were actually 168 cases.

Eighteen received Adult Diversion.

Ten had the cases withdrawn.

Three were discharged.

Five were discharged without conviction.

One didn’t face trail due to mental impairment.

Now we need to acknowledge that some of these cases may be legit. Some farmer lent his neighbour with a lapsed licence a .22 to rehabilitate some rabbits. That doesn’t deserve a trial – let alone a prison sentence.

But the bottom line is that the Law and Order committee were trying to prevent criminals using guns. THIS is what happens when they do.

Note: This data counts an individual’s most serious OUTCOME for offending under section 20 of the 1983 Arms Act. They may have offended again, with a gun, in this same period, with out that being reflected in these records.

Conclusion

So if there was an ‘Average sentence’ for someone CONVICTED of the criminal possession of firearms in New Zealand – what would it be?

Some kind of community based sentence. A 30% chance of community work. A 25% chance of a fine. But… LESS THAN TEN PERCENT CHANCE OF JAIL.

We endure vetting. Licencing. We pay for that. We pay for safes. We register. We endure privacy invading ‘checks’. For what?

So when we are robbed by a criminal – who should be in jail for his last offence – The burglary wont be solved. But when the scum who did it IS caught with one of our stolen guns – less than one in ten will go to jail. FOR NINETY DAYS AT MOST. BUT LIKELY 44.

What a sick joke.

Remember that these penalties are stand alone. If combined with a more serious sentence then they would be served consecutively. So… free. 

Your Thoughts Guys?

The Kiwi Gun Blog will keep gathering the facts. But its up to YOU to shove them in the face of your Member of Parliament and demand change.

Send an email. Make a call. Book a visit.

But play your part. Please.

f3

11 responses to “So What is the TRUE Penalty for Having an Illegal Gun in New Zealand?”

  1. It would be nice to know first offenders to hardened criminals I’m thinking first offenders did the jail time its probably a good time to point out it takes about four months to renew your licence don’t get caught out with an expired licence

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    1. Caught? You are joking. There are well over four thousand expired licenses that the cops do nothing about.

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  2. It would be nice to know first offenders to hardened criminals I’m thinking first offenders did the jail time its probably a good time to point out it takes about four months to renew your licence don’t get caught out with an expired licence

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  3. Brent Jamieson Avatar
    Brent Jamieson

    Interesting, these numbers do not seem to correllate to Police associations report to select committee of an average of 2 cases of illegal firearms seizures per day if my memory is correct?= over 700 per year

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    1. They include a bullet found under a car seat as a gun. Likewise a broken airsoft toy.

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  4. I have no proof to back this up of course but have been told that NZ Police are not in favour of too harsher sentences for gun crime on the grounds it will give the criminals more incentive to use them in commission of crimes and against the Police. Whether this is opinion from a few serving Officers or there is more underlying current of reasoning from higher up the food chain who would know but it does make a sort of sense in a way. This is Opinion only.

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  5. Wow just wow, send this info to every MP surely this will open their eyes. Better still contact the media, Story would have a field day

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  6. They simply choose not to acknowledge or report these facts as it would not advance the agenda … demonising Licenced Firearms Owners and pretending that the lawful possessors of firearms are the ‘problem’.

    Q.E.D.

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  7. Actually illegal possession on its own does not worry me that much. I saw the proposal for prohibition orders which are a great idea although I may be wrong but i thought a judge could already prohibit a person from possessing a firearm even under supervision.
    I am unsure what they are actually proposing. If it is police can issue such an order then then it should only be for persons arrested and police should have to bring it before a judge the next court day. People who breach a prohibition order should face more serious penalties.
    What we really need is much harsher sentencing for possession and separately use of a firearm whilst committing a crime.
    It needs to be tempered though.
    For example we would not want a person returning from a hunt getting five years because they had a fender bender, a punch up with the other driver and police located a rifle in their vehicle.
    The firearm should need to be used or likely to be used in the commission of an offence. That will require targeting the relevant offences , drugs being the primary one. Simple possession of a firearm whilst in possession of drugs for supply should be an automatic five years on top of any other sentence.
    There should be a mitigation available that the person is licensed and firearm is stored in compliance with the law but that should only result in a lesser custodial sentence.
    So if your a license holding drug dealer surrender your licence or face jail.
    The message should be clear mix drugs and guns go to jail.
    The next issue is use of a firearm to commit a crime. Automatic 5 years if it us a real firearm. It is important to ensure we keep nonlethal scary things separate from real firearms to discourage offenders from upgrading their weapons. An airgun (high pressure pneumatic aside) is not going to kill anybody. A shotgun is.
    CCTV. the law requires the police prove the offence. Proving whether a firearm on CCTV is real or not is likely to be impossible. Therefore the law should assume that it is a real firearm unless it can be proven it wasn’t. The only proofs I can think of would be if the offender was immediately apprehended or on CCTV left the non firearm at the scene.
    The other circumstance is possession of a firearm in circumstances where is it likely to be used in a crime. Likely is an issue because it is a matter of opinion. It need to be a mandatory sentence but how is a good question.
    And do we give credit for offenders using no or nonlethal ammunition?

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  8. Peter Keysers Avatar
    Peter Keysers

    So the select committee spent a year to produce a document that appears to be written by a 10 year old under instruction of their Green Party badge wearing social studies teacher, when all along they just had to talk to some judges and get them to use the harsher sentence’s already available to them.

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  9. Underage booze delivery ($2000 fine)

    http://www.stuff.co.nz/national/93006585/police-issue-warning-over-facebook-underage-booze-deliveries

    Really puts the $1000 fine for an illegal firearm in context.

    Seems the police care more about harassing legal owners and slapping fines on lesser offences.

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