The Council of Licensed Firearm Owners says the responsibility of closing the MSSA magazine loophole used by the Christchurch terrorist sat with Police and Government, and no one else.

Any assertion by the media that the firearms community are to blame ignores the obvious: the Police drove discussion on the issue and failed to change the rules.

COLFO Spokesperson Hugh Devereux-Mack says Police are shirking responsibility for their failure to close the MSSA loophole, and the media are aiding them.

“It pains us to have to make this clear to the ‘fourth estate’ of journalism, but COLFO and the firearms community has never had a policy or decision-making role, so had no responsibility to seek an end to the loophole.

“Neither are we responsible for the failure by Police and Government to close the MSSA loophole, because we hold no power.

“Whether COLFO, or members of the firearms community, raised the loophole with Police or not is irrelevant. Police hold responsibility for advising the Government on firearms laws and were aware of the loophole before 2019.

“If any other arm of Government was pursuing a policy change and failed to do so before a disaster, media would rightly hold them to account. But they’ve been misled by Police and activists to blame the firearms community,” Devereux-Mack says.

RNZ reported COLFO’s assertion that Police failed to address the MSSA loophole as a “claim”, despite the March 15 attack itself being horrific and obvious evidence that Police and Government did indeed fail.

“Police and the Government of the day bear primary responsibility for the loophole remaining open.

“Before 2019, both Police and members of the firearms community were aware that high-capacity magazines like those used by Tarrant could be used illegally between restricted and unrestricted semi-automatic firearm formats.

“Many firearms owners were aware of it at the time because that was the law, put in place by the Government and administered by the Police. Even people without a firearms license were able to purchase such magazines - which should never have been permitted. They were even locally manufactured. As a result, they were widely available and held in great numbers. This was the key factor that made closing the loophole problematic.

“The firearms community fulfilled its responsibility: we discussed the issue with Police at Firearms Community Advisory Forum meetings from 2015 onwards.”

Firearms Community Advisory Forum (FCAF) minutes recorded by Police, which provide updates on legislation reform being considered by Police at the time, show the issue of MSSA conversion using high-capacity magazines was raised with and by Police in 2015, 2016, and 2017.

In 2017, Police advised then-Minister of Police Paula Bennett in a briefing document that semi-automatic firearms available on an A-category license could be converted into MSSAs by purchasing larger capacity magazines, which were uncontrolled.

“COLFO did not oppose any amendment to fix the loophole, nor was it our job to offer solutions to fix it. Licensed firearms owners follow the laws of the day,” says Devereux-Mack.

“If Police are really claiming the firearms community blocked legislative change, two questions arise; where is the evidence of that, and why did Police not try harder?

“It is patently ridiculous, and a little pathetic, that Police believe we had the power to thwart them.”

Devereux-Mack says media need to hold the Police accountable and beware attempts from Police and lobby groups like Gun Control NZ to deflect blame.

“COLFO has no power to make changes to laws or regulations, or officially advise on them. Police do. Yet the firearms community are again copping unwarranted blame, and the Police are being allowed to escape responsibility yet again.

“Police took two years to admit they failed in granting the terrorist a firearms license. During that time, overbearing rules were rushed into law by the Labour Government, the firearms community has been blamed and forced to surrender their guns, and Police used negative perceptions of firearm owners to introduce a firearm register and gun club regulations.

“In that time media did not lift a finger in support of firearm owners. This unique dynamic has led media to inadvertently aid the state in its criminalisation of firearm owners, and once again allowed Police to duck responsibility.” says Devereux-Mack.

Table of responsibility for the MSSA loophole fix

References:

FCAF minutes where the MSSA loophole was discussed:

3/12/2015

Link: https://www.firearmssafetyauthority.govt.nz/sites/default/files/2023-08/firearms-community-advisory-forum-minutes-dec-2015.pdf

UPDATE ON FIREARMS LEGISLATION (page 2)

Police advised that penalties in the Arms Act, permits for the manufacture of, and conversion of A category firearms to, MSSAs, and permits for the import of any firearm parts are all matters under consideration for reform. Proposals on these matters will be put before the Minister to decide what process will be undertaken; either a Cabinet paper or a public discussion document. It is now intended this paper will be submitted early in the New Year for the new Minister of Police to consider. Firearm Prohibition Orders are to be progressed as a separate Bill.

28/5/2016

Link: https://www.firearmssafetyauthority.govt.nz/sites/default/files/2023-08/firearms-community-advisory-forum-minutes-may-2016.pdf

CONSIDERATION OF DISCUSSION DOCUMENT ON FIREARMS ISSUES TABLED AT LAST MEETING (page 2)

There was further discussion regarding firepower being the main issue and this has a direct correlation with magazine size. Whether a firearm has a pistol grip or thumbhole makes no difference. This led to a question of why not restrict the purchase/possession of larger magazine sizes to those with endorsements, countered by someone saying there are thousands of magazines out there and this would make possession of such magazines suddenly illegal for some who had them legally. A view was expressed that consideration of doing this as a ‘buy-back’ would be required with fair compensation given. A further comment was that this would lead to many large magazines going ‘underground’. [However, if a person owns an A category semi-automatic firearm and has a magazine able to hold more than 7 cartridges, then they already should have an E endorsement because of the ability to convert that A category into a MSSA.]

FIREARMS LEGISLATION

Police advised that penalties in the Arms Act, permits for the manufacture of, and conversion of A category firearms to, MSSAs, clarification of procedures over the purchase of firearms over the Internet, and permits for the import of any firearm parts and ammunition are all matters under consideration for reform. Proposals on these matters will be put before the Minister to decide what process will be undertaken; in particular, whether there needs to be a public discussion document. It is now intended this paper will be submitted by the end of June 2016 to the Minister of Police to consider. As stated earlier, Firearm Prohibition Orders may be progressed as a separate Bill.

7/12/2017

Link: https://www.firearmssafetyauthority.govt.nz/sites/default/files/2023-08/firearms-community-advisory-forum-minutes-dec2017.pdf

Agenda item 11: Magazine Size (page 7)

This item was put on the agenda for two reasons. One that it had been raised as a point of discussion at the previous FCAF meeting but because of limited time there was limited discussion. The second was that a large capacity magazine was found associated with a fatal shooting.

An incident was reported about someone being sold semi-automatics by a dealer and then later on the same day purchasing a large capacity magazine. Many people are unaware that inserting a large capacity mag into an A Cat firearm will change it to an MSSA and this is illegal.

A member commented that prior to 1992 Amendments there was no E endorsement.

There was some proliferation of MSSAs and large capacity magazines prior to the Arms Act Amendments in 1992. There are a large number in circulation now.

Three local manufactures make 30 round mags.

FCAF member commented that the definition of ‘fit and proper’ can be applied as a control – fit and proper users do not fit large mags to A Cats illegally.

There are no restrictions in sales of large capacity magazines. The behaviour should be around supporting good legal practice.

White Board session.

Safety – Perception – Education – Controls – Enforcement

Enforcement is necessary.

If Police do not want the public to have access to large capacity magazines, why are they widely available for sale?

Public do not understand the law and need greater education around MSSAs and endorsements. Should MSSAs be redefined in the Arms Act?

An experienced shooter can change a magazine in 1.3 seconds, while an inexperienced shooter in 3 seconds. Rate of fire is the issue.

Would there be confiscation if banned or restricted?

Government decision not Police.

Agreement at this point that education is important.

Outcomes:

1. Regulation of magazine size per se would be very difficult due to the large number in circulation, local manufacture and cost/capability to enforce.

2. Appropriate use of magazine size (i.e. by a person with an appropriate endorsement) was agreed by the group.

The proposed actions were:

a. Provide clarity (Police websites, dealers, community fora) on what was legal: magazine size by endorsement type.

b. Educate on the reasons for the approach.

c. Take action where flagrant breaches occurred: person could be consider not ‘fit and proper’.

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