Police meddling with Law tossed out of court

The Police decided that sporting versions of Military Style Semi-Automatic Assault Rifles need reclassification, presumibly from a D A category to a C E category, which would have necessitated the registering of every one of the re-classified rifles and increased security.

A rifle owner asked for a Judicial review of the Police decision and has found, thankfully, that the Police were wrong in law by unilaterally deciding for themselves about the re-classification.

Laws are written by parliament, enforced by the Police and interpreted by the judiciary. Thankfully the High Court Judge in this instance knows where the boundaries lie and knows how to read a rather simple law. Hopefully he will recommended that the Police responsible be forced to take remedial reading classes.

Now in the unlikely event you believe the bunkum posted by Pol Pot supporter Keith Locke, and we all know what happened to the disarmed population of Cambodia, have a check of some basic facts about one rifle in question.

The owner, Richard Lincoln, the National Shooters Association president, owns a Heckler & Koch SL8 rifle. Personally I think they are ugly and heavy, but each to their own. Now a quick check of Wikipedia confirms what I suspected;

To adapt the SL8 for the civilian market, the pistol grip and folding stock of the G36 have been replaced by a fixed stock with a thumbhole, and the receiver has been modified to prevent attachment of the G36 folding stock. In addition, to comply with the Gun Control Act of 1968 (as presently construed by the Bureau of Alcohol, Tobacco & Firearms or ATF) SL8 rifles exported to the United States have been modified so that they will not accept staggered, normal-capacity 20 and 30 round G36 magazines. U.S. SL8 rifles accept only a single-column, 10-round magazine. Other modifications have been made to the SL8 including a lightened trigger pull, adjustable cheekpiece and buttplate to customize the fit to the user, and a heavier, more accurate barrel. The SL8 does not come with the carry handle and built in optics of the G36, although these can be purchased aftermarket and fitted to the weapon.

Many parts from the G36 series can be fitted to the SL8, but the pistol grip and folding stock cannot be used without modification.

Got that, this is a rifle that is purely and simply a sport version of a standard issue German Army rifle. The Police in New Zealand however decided that they knew better than manufaturer’s own design specifications and unilaterally declared that this rifle was an MSSA. The High Court Judge has disabused the Police of the notion that it is they who write the laws of this country.

The Police also neglect to observe that changing the law will NOT prevent people like Jan Molenaar from obtaining the weapons that they want. They are criminals and laws are ignored by such people. Thus Gun Control laws only succeed is dis-arming the law-abiding and enabling the law-less.

I might point out that in the USA the state with the lowest gun related crime are those with Open-Carry laws. That is you are legally able to carry a firearm as long as it is clearly visible to the general public. basically a criminal will NOT attempt to rob you if there is a high chance of him being shot by a person who is probably more trained and accurate than he is. They go for the soft targets, the unarmed citizen. There is a reason why the second Amendment of the United States of America retains, and continues to retain the right of the people to “keep and bear arms”. It has been challenged and never altered. The first amendment of course the right to freedom of speech. Basically the eminent fathers of the Constitution knew you can’t have one without a safe guard against a government trying to dominate or restrict unduly the population.

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  • http://crusader-rabbit.blogspot.com KG

    Spot on! Too bloody right–since when did the police decide what is and is not legal?

  • Ace

    Agree. Even more pathetic is Polic Assn request that they can arrest anyone who is rude to them. In real life lots of jobs have to put up with rudeness from others – ask any call centre teleptionist or check-out operator – none of whom get to arrest the people who do it! The Police need to grow up. there are lots of us who respect the law but not the Police. The Police are completely responsible for their own bad image and own bad press.

  • BC

    Hi Cam
    I think you meant the Police were trying to classify these firearms from A Category to E Category. Not as you say from D to C. D Category is Dealers Lince. C category is collectors endorsement and E category is Military Style Semi Automatics. A Category is general sporting fireams which the H and K you mentioned was categorised.

  • http://Tex Tex

    Ace, if you can’t stick to and debate the topic in hand instead of going off on some juvenile anti-cop tangent then please stop boring us all with your drivel in the first place.

    America also has around 50,000 gun deaths per year, slightly ironic given how people incite fear of government as a reason for open gunlaws when the real danger comes from each other.

  • Ace

    Sorry Tex, but my “juvenile drivel” IS relevant. There is an attitude amongst the Police that they are a law unto themselves. It is shown in their attempt to reclassify firearms without legislative approval, and again in their attempt to criminalise calling them names. I agree with you 100% about US gun laws (which as a topic is probably just as “off topic” as my drivel!) . I personally have no problem with reclassifying the guns concerned, but I do have a problem with the Police deciding they can do it themselves.

  • Sinner

    The foundations of freedom are Gun Ownership and Property Rights – Debra Medina, Texas Gubernatorial Candidate.

  • jonno

    Of that 50,000 American firearm related deaths each year, how many are gang-related or home-owner shooting intruder? Take those off, and the number of undesirable deaths is probably lower per capita than NZ, where only the police and other criminals get to go around shooting people with impunity.

  • http://gmail.com a

    Only Police here end up on the stand facing a murder prosecution for shooting someone trying to kill them with a baseball bat.

  • Scanner

    Common Sense – 1
    Neanderthal Police – 0
    There must be some very sore little bum holes at Police Nat HQ right about now.
    Now about the 60k spent to advertise this fuck up, who’s going to repay that?

  • Rob

    Gun control always seems like such an emotive subject. The pro gun lobby seems to have a raft of facts and figures to run out. The Anti gun lobby seems to have an over abundance of emotive claptrap and selective statistics on a very narrow subject like suicide by firearm they have no answer for the broader picture of total suicides being the same the only difference is how.
    Personally I feel that New Zealand has some of the best firearms laws in the world from both a practical and common sense point of view. What we need is for the Police to adequately enforce those existing laws. The courts to take a harder stance on the illegal use of firearms by our criminal class. It all sounds so simple doesn’t it a responsible firearms holder will have adequate security, we don’t allow criminals and other people at risk to own firearms.
    What we really need is a discussion and a simplification of our self defence laws. At the moment there is defence of self, others and property. The problem is you need a judge and jury after the fact to decide if it is justified.