Protecting Responsible Firearms Ownership in New Zealand
Clearly, the dismissal of charges against Mister Lincoln is justified.
However, his original decision to COMPLY with legislation regarding “leaving a firearm in an unattended vehicle” and subsequently carry an UNCASED FIREARM into both a service station and public toilet tends to suggest that he was naive in the extreme.
It is no surprise whatsoever that there would be a concerned & justified adverse reaction from the public and Police.
On a positive note, this case regarding ill-thought legislation has certainly highlighted the difficulties faced by thousands of Licensed Firearm Owners every year.
It is incredible that our legislators ever enacted such an ill-thought law. Obviously, there ARE occasions when travelling alone it is necessary to leave a firearm in an unattended vehicle, instead of taking it into a service station, public toilet, fast food outlet, or bank. Equally obviously, any firearm(s) and associated equipment should be ‘OUT OF SIGHT’ in a LOCKED vehicle.
Licensed Firearm Owners should also be aware that leaving your friend in the vehicle while attending to business could also result in prosecution. YOUR handguns and MSSA’s are registered to YOU, NOT him / her.
We understand that when this legislation was originally enacted, it was stressed to Police and politicians how unworkable it would be and therefore ammendments were required.
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The firearm concerned was an H&K SL8 MSSA – for which an endorsement was held – that is a ‘Military Style Semi-Automatic’ firearm.
This complicates the matter because not only does s19 prohibit the unattended leaving of it in a vehicle but s28 mandates that it be kept in “immediate personal possession” when not locked in the approved security at the possessor’s premises.
So it CANNOT be left in a vehicle – even a secured and locked vehicle because it must remain in “immediate personal possession” when ever not secured at home.
When nature calls or fule is required the present LAW gives no other option but to carry the MSSA.
As to gun bag or gun case – it has been pointed out that:
1) There is no requirement in law to use either.
2) Previous cases have shown that the Public and Police still react similarly to cased firearms – or indeed even just empty cases/bags.
3) In the WINZ case Tully carried the shotgun into the Office CONCEALLED in a sports bag.
4) The method of using a gun case or bag may well lead to claims of carrying a CONCEALLED firearm …
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Hopefully, the dismissal of all charges against Mister Lincoln will finally lead to long overdue realistic ammendments to this piece of legislation.
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Excellent result.. I say we all carry our MSSAs around when traveling with them because to do anything else with them but have them attached to our body would be illegal
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The present civil case being taken by RL mentioned by Judge Maze will be just as interesting. The likely private prosecutions of the persons possibly involved in unlawful activity during the ‘Toilet’ case may also bear watching …
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Donations to assist the cause may be placed at this GiveALittle page set up by RL: https://givealittle.co.nz/cause/gunlawlegalfunding
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