Martin Spencer Bath (GUNSMITH AND PROFESSIONAL ARMOURER)

Transcription

1 REPORT FOR THE NEW ZEALAND HUNTERS GROUP LIMITED Martin Spencer Bath (GUNSMITH AND PROFESSIONAL ARMOURER) My full name is Martin Spencer Bath. I live in Auckland and I have been involved with firearms for over 32 years. I am a licenced film and television armourer and firearms designer and manufacturer. I am a licenced firearms dealer and licenced to manufacture firearms. I specialise in the adaptation and designing of firearms for the movie industry, both locally and internationally. I have been involved in supplying most working firearms to many of New Zealand s major film and television programmes. I have supplied firearms to film productions overseas and been involved in the import and export of military firearms. I trained and qualified as a toolmaker, specialising in precision engineering in the aircraft industry and firearm training equipment. I run my own business working as a gunsmith and theatrical armourer. I have a wide knowledge of all types of firearm design, form and function, metallurgy, and ammunition and ballistics. I am an experienced competition shooter in rifle, pistol and shotgun. I am qualified range officer with national qualifications in Pistol Shooting, ISSF and IPSIC, Practical Shotgun and Service Rifle. I am the President of the International Military Arms Society, a Life Member of the Royal New Zealand Navy Pistol Club and a founding member of the Theatrical Armourers Guild. I keep up to date with aspects of firearms development, both nationally and internationally. I have read the High Court Code of Conduct for Expert Witnesses and agree to comply with it. I have been asked to give my opinion on the New Zealand Police policy on Measuring the Length of Military Style Semi Automatic Firearms (MSSAs), specifically the police belief that the recently imported Military Style Semi Automatic rifle CZ Scorpion Evo is a pistol. This is due to their belief it is less than 762mm in length when the stock is folded and parts such as the flash suppressor are removed from the barrel. 1

2 I have included a copy of the New Zealand Policy labelled Firearm Evaluation: Classification & Approval taken from the New Zealand Police website. For the purpose of this report, Military Style Semi Automatic Firearms will be noted as MSSA firearms. The Scorpion Evo at the centre of this report is just one of thousands of MSSA rifles in New Zealand that have been recently affected by the New Zealand Police s new policy on measuring firearms. The Firearm Evaluation: Classification & Approval policy will not only affect the importation of this Scorpion Evo, but also affect thousands of licenced firearm owners in New Zealand who already own and enjoy MSSA firearms. INTRODUCTION The Firearm Evaluation: Classification & Approval policy is a new policy. The New Zealand Police have now, 34 years since the Arms Act 1983 was passed, and the 1992 Arms Amendments Act, to re-define what a pistol is by adding it could be to the definition. In this report I will discuss if there is anything that makes the Scorpion Evo different from other firearms already present in New Zealand. I will discuss what a Military Style Semi-Automatic Firearm (MSSA) actually is, what features this firearm has and how those features have come to define a MSSA. I will also discuss what I believe was the way parliament intended MSSA firearms to be measured. I will be discussing some of the defining features of an MSSA firearm set out in the Arms Act 1983, in particular the folding or retractable stock and flash suppressor. I will also discuss the New Zealand Police s new policy on removing parts such as the flash suppressor or any other muzzle device to get the MSSA firearm to the smallest possible size before measuring its overall length. I will be showing firearms that are not affected by this policy but that can be readily converted to a pistol as easily as one can remove a flash suppressor. History of Military Style Semi Automatic Firearms (MSSAs) To fully understand what category a CZ Scorpion Evo rifle should be classed as, one must first understand what a MSSA firearm is, the Arms Amendment Act 1992, and why a MSSA category was introduced to Arms Act The original Arms Act 1983 provided for lifetime licences that could be issued to persons over 16 years of age who were considered by police to be fit and proper to be in possession of a firearm. This also included the firearms that we know today as Military Style Semi Automatics. 2

3 The change to the Arms Act in 1992 came about after an incident that occurred on 13 November 1990, when David Gray killed 13 people in the small township of Aramoana with a Squires and Bingham.22-calibre semi-automatic sporting rifle and a Norinco 84S 5.56mm semi automatic rifle. This became known as the Aramoana massacre and sparked lengthy debate about gun control in New Zealand. The government was led to believe that David Gray had shot all his victims with an AK mm assault rifle. Although this was not the case it led to a change in the Arms Act The Government focus was on ownership of AK47-type rifles or so called assault rifles. The government came up with a clear definition of what a Military Style Semi Automatic was, based on a number of features that military rifles had. The first feature they defined was a folding stock. It is of vital importance to note that a folding stock AK47 is less than 762mm long when the stock is folded. This is the very firearm the government and public at the time were focused on during the writing the Arms Amendment Act The government at the time had many submissions on these types of firearms and were well aware that folding stocks would reduce the size of AK47-type firearms. Despite this, a folding stock is the first feature listed as defining an AK47-type firearm as an MSSA. It is also no accident that the same level of control was placed on the ownership of MSSA s as had existed for Pistols and Restricted Weapons. It is clear that MSSA s are their own distinctive type of firearm, defined by the existence of the features they possess. Military Style Semi Automatic Firearms (MSSAs) The term MSSA refers to a semi automatic firearm, which can be either be a rifle or a shotgun. This is a firearm that is defined in the Arms Act 1983 and Arms Amendment Act 1992 as having one of a number of particular features. A MSSA requires a separate endorsement on a standard firearms licence. This is known as an E endorsement. The Arms Act 1983 defines the features that make a firearm a MSSA. Description of MSSA - Arms Act 1983: Military Style Semi-Automatic firearm (MSSA) Means a firearm (other than a pistol) that is (A) a semi-automatic firearm having 1 or more of the following features: a folding or telescopic butt a magazine designed to hold 0.22-inch rim fire cartridges that (A) is capable of holding more than 15 cartridges; or (B) is detachable, and by its appearance indicates that it is capable of holding more than 15 cartridges 3

4 a magazine (other than one designed to hold 0.22-inch rim fire cartridges) that (A) is capable of holding more than 7 cartridges; or (B) is detachable, and by its appearance indicates that it is capable of holding more than 10 cartridges bayonet lugs a flash suppressor a component of a kind defined or described by an order under section 74A as a pistol grip for the purposes of this definition. The definition of a pistol is. Definition of a Pistol Arms Act 1983: Pistol means any firearm that is designed or adapted to be held and fired with one hand; and includes any firearm that is less than 762 millimeters in length. The key to understanding this issue is to recognise that the legislation defines a pistol and a MSSA as two completely different firearms. A firearm cannot be both, it is either a pistol or a MSSA. If we look at a pistol first, the Act defines a pistol firstly as a firearm designed or adapted to be held and fired with one hand. This shows their clear intention; that they are talking about small, hand-held firearms. The second part states and includes any firearm that is less than 762 millimetres in length. Parliament is clearly talking about the firearms overall length and, if less than 762mm, it is to be categorised as a pistol. The key word here is is, not it can be or it could be after modification or adaption. The Act does not indicate that the firearm should be folded up to its smallest form for this measurement to be taken. It does not state that the firearm s defining features should be removed, or any other parts of the firearm removed, prior to measuring. It simply states that its length should not be less than 762mm. It is interesting to note that the English dictionary defines length as: 1. Distance from end to end; 2. The quality of being long; and 3. Size from beginning to end. Having established the definition of a MSSA and the definition of a pistol, we can now look at the MSSA features that are on the Scorpion Evo rifle subject to this report. It is these features that are the key to understanding this problem. 4

5 DISCUSSION Folding Stock The first and most important facts that are central to this issue are the defining features that make a firearm a MSSA and not a sporting firearm or a standard configured firearm. One of these features of an MSSA is the folding stock or retractable stock. This is a feature seen on the CZ Scorpion Evo. It is not a new feature but it is a common feature found on modern firearms all over the world today. The folding stock design can be traced right back to the Second World War. The first semi automatic rifle to see this feature was the M1A1 carbine in 1943 (Figure 1). The M1 carbine was a standard fixed wooden stock rifle designed in 1941 for U.S. military use during World War II. It was extremely popular and saw action in World War II, the Korean War and well into the Vietnam War. The M1 carbine development continued and a folding stock version was designed and issued in 1943 as the M1A1. Figure 1: M1A1 carbine The M1A1 folding stock was originally issued to the 82nd and 101st airborne divisions but was so popular it was later issued to all army airborne units and the US Marine Corps during World War II. The idea behind the folding stock was for airborne troops to be able to jump out of small plane doors. On landing, the stocks could be folded out into the ready position for action. This is still the standard doctrine of folding stock firearms today - compactness for storage and transportation. This also helps troops travelling in confined spaces, such as armoured vehicles, helicopters and other space restricted areas. These types of designs are very popular with military history enthusiasts and military rifle shooters throughout the country. Parliament recognises this, and these types of features are defined by name as features that can be expected to be found on a MSSA rifle and first appeared in the Arms Amendment Act

6 Figure 2: CZ Scorpion Evo If we look at the CZ Scorpion Evo shown above (Figure 2), we see a very modern design on a very old concept. The 1943 M1A1 shares a lot of similarities with the Scorpion Evo. They are both semi automatic military style firearms, both are designed to fire small pistol type rounds, both have removable magazines and both have side folding stocks and pistol grips. The only real difference is the M1A1 has been around for over sixty years in New Zealand and the CZ Scorpion Evo has not. The M1A1 has been enjoyed as a MSSA in New Zealand by collectors and shooters for 70 years. In this matter it appears that the CZ Scorpion Evo has been seized by the Police because this MSSA rifle is now believed to be a pistol. It is interesting to note that the import permit issued to Mr Rountree was for an MSSA rifle. It appears the Police policy changed in transit. The M1A1 carbine may have been the first folding stock MSSA to be seen in New Zealand, but since 1943 we have had thousands more come in and be enjoyed by hunters, shooters and collectors all over New Zealand. The two most famous and mass-produced MSSA firearms in the world with folding or retractable stocks are the AK47 and the M4 carbine. Both of these firearms are extremely popular, not only in New Zealand but worldwide, and have been made in the millions. The first folding stock AK47 came out around The first retractable M4-type rifle first came out in 1966 and was known as the XM177. The rifles were originally fully automatic, made for the military, but due to the popularity amongst collectors and shooters, semi automatic versions were soon produced and proved to be extremely popular. The same can be said for the Scorpion Evo. It was originally an automatic firearm from the Czech Republic; now it is made in the United States as a semi automatic and is extremely popular with sport shooters. The M4 retractable stock rifles are now one of the most popular semi automatic rifles of all time. Many police forces around the world, including New Zealand, have also adopted the semi automatic M4 carbine (Figure 3). 6

7 Figure 3: Semi Automatic M4 Carbine Folding or retractable stocks on a semi automatic rifle are not a new concept. What is new is the way the New Zealand Police now wish to measure them. Military style firearms were popular in 1983 when the Arms Act was written and even more popular in 1993 when the Arms Amendment Act 1992 came into force, including the definition of a MSSA. Parliament clearly recognises that MSSA firearms may have a folding or telescopic stock. Folding or retractable stocks are listed in the Act as one of the first of five defining features. The fact that parliament listed this feature first should be noted, and that any folding item by nature would be smaller when folded away or retracted is vital to understanding parliament s definition of a MSSA. MSSA firearms have the same level of control placed on them as do pistols and restricted weapons in regards to licencing requirements and vetting. Flash suppressor Figure 4: Front of a M4 Carbine Figure 5: Flash Suppressor A flash suppressor (Figure 5) is another MSSA defining feature listed in the Arms Act It is found on the front of the barrel, as seen here on a New Zealand police M4 (Figure 4). This is an important feature of a military firearm and often serves several purposes. 7

8 The first and most obvious function is that it reduces the bright flash that is generated from the burning expanding gases that propel the projectile. This is an important process, as a bright flash on the battlefield will give a soldier s position away to the enemy. A flash suppressor can also prevent or decrease the chances of night blindness. A soldier s eyes operating in low light conditions will have become accustomed to a low level of light; a bright flash from the muzzle may affect this ability. The second function is that of controllability; it can reduce muzzle climb and recoil. Although flash suppressors come in a variety of different designs, they all use the same basic principle, that is, the redirection and dispersing of the expanding gases. The energy from these expanding gases can be harnessed and used to reduce the muzzle climb on a military rifle. This is done by redirecting the gas as it leaves the confines of the bore and enters the flash hider. The gas can expand rapidly through predetermined holes or slots machined at an angle to produce jet thrust in a certain direction. The flash suppressor on the Scorpion Evo is designed with competition shooting in mind. Keeping the muzzle rise to a minimum is vital when competing in timed events. A flash suppressor is also an integral part of a military rifle and under section 16 of the Arms Act 1983 it is an offence to import this part into New Zealand without the issue of a special permit to import for MSSA parts. Arms Act 1983: part (a) in relation to a pistol, restricted weapon, or military style semi-automatic firearm, includes any thing, such as a butt, stock, magazine, silencer, or sight, which, while not essential for the discharge by a pistol, restricted weapon, or military style semiautomatic firearm of any shot, bullet, missile, or other projectile, is designed or intended to be an integral part of a pistol, restricted weapon, or military style semiautomatic firearm; and As a flash suppressor is classed as an integral part of a military rifle it would also contribute to its overall length. HOW TO OWN A MSSA If a person in New Zealand wishes to own a MSSA, such as a Scorpion Evo, they must first apply for a firearms licence. This requires them to attend a firearms safety course and sit the safety test. They must then provide two character references. One referee must be their spouse or next of kin. The other must be someone who is over 20 years old and not related to them. A person will be interviewed and their firearms security arrangements will be checked. The police will then interview their referees. If everything is in order and they have paid a licence fee, then they will be issued with what is known as an A 8

9 category firearms licence. This will allow them to own sporting firearms only; it will not allow them to own a MSSA. The next step to owning a MSSA involves getting an E endorsement on their firearms licence. This endorsement requires stricter security. It requires them to install an approved safe and give four character referees. It also requires a further $204 fee. Referees 3 and 4 must be an Unrelated person 20 years or older who has knowledge of your collecting, shooting or hunting activities. The applicant will be required to answer questions such as: Why will you need MSSA firearms? Why not sporting firearms? Describe your shooting interests and activities. How often do you take part in these activities? List clubs and associations you belong to (relevant to this application). Subject to direction(s) imposed by the Commissioner of Police, the reason(s) given to possess MSSA s will become a condition of their endorsement. The reasons people may give to be considered for an endorsement on their licence are listed below (taken from NZ Police E Endorsement POL 67H form): Reasons for possession of a MSSA firearm: In considering your fitness to possess MSSA firearms, Police will ask for your reason(s). You may advance any reason and it will be considered by the member of the Police. Common reasons are: The individual applying for the endorsement: 1. Seeks to possess the MSSA as part of a collection, and demonstrates that it fits with and enhances an existing or planned collection, or 2. Participates in an identifiable shooting discipline or sport at an incorporated sports club with rules encouraging safe and legal use of firearms and a range certified for the shooting activity and intends to use the MSSA in an event at that sports club, or 3. Wishes to use the MSSA in a capacity equivalent to that described in section 29(2)(e) of the Arms Act 1983 ( theatrical purposes ), or 4. Requires the MSSA for occupational purposes. Once their security is approved, and their referees interviews and their reasons for requiring a MSSA firearm are accepted by the police, they will have an E endorsement added to their existing firearms licence. PURCHASING A MSSA Once someone has as E endorsement and sees a MSSA they would like to purchase, they will then have to go to their local arms office and apply for a permit to procure this firearm. 9

10 An application is made to the local arms officer who then fills out the permit to procure. This permit has the person s name, address, licence number and phone number, plus details of the make, model and serial number of the firearm. This permit is then taken to the person who is selling the MSSA. This person in turn must fill out their details on the permit, including the make, model and serial number again. The final step is to take the firearm and the permit back to the arms office to check all the details are correct. The firearm is inspected and its serial number and details are checked against the permit. This is commonly known as being sighted. Once sighted by the police, the new owner is then able to take the firearm home where it must be then locked in a safe. The police will enter the details of that firearm in the police computer system against that persons name and firearm licence category. This is the process that is carried out every time someone purchases a MSSA, or if the MSSA firearm changes hands or is taken for repair or refurbishment. PEOPLE WHO OWN MSSA s The sort of firearms owners who wish to own a MSSA and go through the process of extra security and more intensive vetting, are often people who have been involved with firearms for a good number of years. Given that they need referees to able to attest to their genuine need for a MSSA, they are usually involved in shooting or collecting clubs. Shooting clubs can be highly competitive and high capacity magazines and semi automatic firearms are usually the choice. Others clubs may be more interested in the historic side of firearms and shoot in a military type discipline. There are also the military collectors who are interested in MSSA firearms for what they are, which is a semi automatic example of what NZ and other military forces have used throughout history to fight tyranny, oppression and the protection of the nation. Whatever the reason, these people have extra security, increased vetting and strict protocols to follow when purchasing or owning a MSSA. RESTRICTIONS ON MSSA RIFLES MSSA firearms are individually registered and tightly controlled, and their owners have extra security and an extra endorsement on their licence to own a MSSA firearm. It appears that the police wish to reclassify some of these well-known, historical MSSA s as pistols, due to their concern that these firearms can be concealed easily by a person who has an E endorsement on their licence. However no real evidence has been given that any criminal offending has occurred solely due to the existence of this folding stock feature and that would not have occurred without its presence. 10

11 This new police policy involves removing the defining features from an MSSA, such as the flash suppressor or muzzle device, then either collapsing or folding the firearm down to its smallest size to achieve a length that they can then class as a pistol. This seems grossly unreasonable and illogical. In practice, most MSSA designs with the stock folded or collapsed, and with the removal of the flash hider, will be less than 762 mm long. Any standard sporting firearm can have its parts removed to reduce its size to less than 762mm long. Many standard firearms could have their stocks taken off by simply undoing one screw. This would reduce their length and take around the same time as removing some flash hiders. An example is a common.303 bolt action rifle. It has a screw that attaches the butt up through the centre of the stock. Removal of the butt plate, then undoing of the screw, will remove the stock as easily as undoing a flash suppressor on a M4 rifle that is tightened up against a crush washer. There are also other ways to reduce a firearms length quickly and easily if your aim is to get a firearm down to a small size. A Remington 870 shotgun has one large screw that retains the barrel in position. The screw is attached to the magazine tube and usually hand tight. By simply undoing this screw the barrel can be removed and a shorter barrel replaced in seconds, or even no barrel added at all. If no barrel at all was added, the receiver or body of the shot gun is still classed as a firearm due to the definition in the Arms Act 1983 s 2 (b) (iii) as anything being dismantled or partially dismantled is still a firearm. Arms Act 1983: firearm (b) includes (iii) anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and If the barrel was not in the action and that action is still classed as a firearm, what type of firearm is it? Is it a pistol due to it being less than 762 mm in length? Is this the case if a barrel is removed for compact storage? Are you creating a pistol each time? Equally the same can be said for take down rifles. These are rifles designed to come apart for storage in a backpack for easy carry when hiking. The most famous and well known of these rifles in New Zealand is the AR7 or Armalite Rifle design number 7. These rifles are designed by the same company 11

12 who designed the AR15 or Armalite Rifle design number 15, later adopted as the M16 and M4. The ArmaLite AR-7 Explorer is a semi-automatic firearm in.22 Long Rifle. It folds down and packs away in its own butt stock as seen in the pictures below (Figures 6 & 7). Figure 6: Armalite AR7 What is interesting about the AR7 is that the design is modular. The barrel stock action can all be assembled by hand without tools. The barrel could be simply screwed on the action and the stock does not need to be added. It can then fire like a long barrelled pistol (Figure 7). Figure 7: Armalite AR7 The AR7 rifle, when assembled, is on a standard licence in New Zealand, but is very simple to remove or not even assemble with a stock and you would then have a firearm less than 762 mm long. CHASSIS SYSTEMS Figure 8: Remington 700 Chassis System 12

13 The modular design is not unusual in firearms today; most modern firearms designers are designing firearms to take a huge range of different type of stocks, pistol grips and magazines. A lot of traditional bolt-action rifles can now be housed in aluminium chassis systems that take the latest folding or adjustable stocks. Parts are designed to be changed and moved from one to the other with minimum tools. Even our new M4 rifle the New Zealand Army have adopted has a quick change barrel system incorporated into the top receiver. The Lewis Machine Tool M4 rifle can even change not only barrel lengths but gas and recoil systems too. Figure 9 below shows a Remington 700 in an aluminium chassis system with a retractable stock pistol grip and magazine feed. Underneath is the same Remington 700 rifle in an original wood stock. Figure 9: Remington 700 rifle The folding stock is not primary designed to make the gun concealable, they are designed to be fully adjustable in length, and easy to store and carry in confined areas such as helicopters. This is the case even in bolt-action rifles, especially when going hunting in the bush by helicopter. COMPONENTS One thing we must bear in mind is, when talking about reducing the length of a MSSA, that rifles are made up of three major components - the barrel, the action and the stock. If the stock on a MSSA is folded there is still the action, which holds the large capacity magazine, the bolt, recoil system, hammer, trigger and pistol grip. Then there is the barrel which houses the chamber, hand guards gas system, front sight, bayonet lug and muzzle brake. With these components, and with the folded stock lying beside the action, there is in no way they can be considered the same size as a pistol (Figure 10). 13

14 FIREFIGHT INDUSTRIES Figure 10: M4 Carbine stock retracted and Glock 17 pistol If we look the picture in Figure 10 above, we see two firearms taken side by side. These firearms are currently used by the New Zealand Police. The first being the most common semi automatic retractable stock firearm in the world, the M4 Carbine, the second is the Glock 17 pistol. The first thing you will notice is that the M4 has its stock retracted, showing its overall length is 756 mm. This is a reduction of 84 mm from its overall length of 840 mm when the stock is extended for use. This is not a huge reduction in length, hardly a big advantage for concealment. The next thing you will notice is the very obvious difference in size between the Glock pistol and the M4 Carbine. This picture highlights the clear difference between a MSSA and a pistol. If one were to go off the New Zealand Police measuring policy, you would have to say they are both pistols and the New Zealand Police would also remove the flash hider to achieve an even smaller overall measurement. Parliament was well aware that a MSSA firearm could have a folding or retractable stock and that it would affect the length of the rifle. They knew this and they chose to define a folding or retractable stock as a feature of an MSSA. I do not believe that E endorsed licence holders in New Zealand are going to be folding up the stocks on their rifles and removing flash hiders to conceal them on their person. If someone wishes to break to law and conceal a firearm on their person there are far simpler ways than going through trouble of getting an E endorsement, permit to procure and cost of buying a MSSA. They could simply cut down one of a million sporting rifles in New Zealand. Sporting rifles are cheap by comparison; they require no permit, no registration, and no checks by your arms officer or safe to store them in. A simple wood saw could shorten a stock, or in most cases a screwdriver will remove a stock completely. 14

15 Below are excerpts taken from the New Zealand Police s new policy: Firearm Evaluation: Classification & Approval Measuring Length of MSSA Firearms The policy behind the separating out of pistols for different treatment from other firearms within the Arms Act is that they can be readily concealed on a person due to their size and semi-automatic firearms that are pistols are likewise excluded from the MSSA definition for this reason. Therefore, where a firearm is designed to fold into this reduced size, it will be a pistol. The police assume that simply folding the stock on a MSSA will make a semi automatic rifle or shotgun small like a pistol or, as stated by the police, readily concealed on a person due to their size. This is wrong and misleading. I do agree pistols are readily concealable and can be put in your pocket or in a shoulder holster or belt holster and carried that way. Pistols can also be drawn and fired with relative ease with one hand and this is why Parliament gave pistols their own classification. It is ridiculous to say you could put a semi automatic rifle or shotgun in your pocket, even with the stock folded, or insert a rifle or shotgun into your belt or shoulder holster for easy concealment. It would be even further from the truth to say you could pull a folding stock MSSA from your pocket and fire it with one hand like you would a pistol. As I have demonstrated earlier in Figure 10, the difference in size between an M4 carbine and a pistol is considerable, even with the stock retracted as shown. REMOVING PARTS TO REDUCE LENGTH The MSSA features that police wish to remove from the front of a firearm, such as a flash eliminator or suppressor, to reduce its overall length, are parts that are often welded, pressed on or pinned on and therefore make up an intrinsic part of the barrel. The length of any firearm is measured without any attachments (whether or not permanently attached (e.g. welding, pinned), such as flash-hiders, silencers, muzzle brakes, or barrel extensions. A considerable amount of physical effort and or specialised equipment and tools time and skill would be required to removed these parts. The overall length of anything is taken as its longest distance from end to end; this is the length overall. There is no mention in the Arms Act 1983 that a firearm is to be folded or pushed down or parts removed to reduce it in size before its overall length is measured. Parliament named the features that would constitute a firearm being a MSSA and wrote legislation in accordance with that. 15

16 These parts, such as the flash suppressor, are not attachments. They are clearly laid out in the Act as being one of the defining features on a MSSA, and to remove this feature for measurement makes no logical sense. It is worth noting that under section 16 of the Arms Act 1983, a flash suppresser is not allowed to be imported in New Zealand without a permit to import for being a part for a MSSA. This is the same part the police want to remove or discount as being an actual part of the overall length of a MSSA. The issue of silencers being removed before measuring is also controversial. Silencers are a safety feature designed to reduce the sound produced by the firearm. They are also there to reduce damage to the shooter s hearing and people around them. They help protect against the risk of breaching section 48 (b) of Arms Act it is an offence to discharge a firearm in a public place (b) endanger property or to endanger, annoy, or frighten any person. This is particularly important when hunting. Some silencers are designed to vent the gas into the silencer half way down the barrel. These types of silencers cover a portion of the barrel, trapping the hot gases as they vent from the holes in the barrel. They are an integral part of the firearm and the firearm cannot function safely without the suppressor on the barrel. To remove these silencers from the firearm to measure their overall length is removing a vital functioning part of the firearm. If the firearm is used in this condition it would be extremely dangerous. Pistols that are allowed to be shot in New Zealand must conform to certain criteria and be on the approved list of the NZ Pistol Association. The pistol can only be shot on an approved range and a separated endorsement is required. This endorsement is known as a B endorsement and requires the shooter to be an active member of a police approved pistol club. CONCLUSION This case is not just about one CZ Scorpion Evo Rifle, it is about what parliament intended when they wrote the Arms Act 1983 and the Arms Amendment Act Parliament had many submissions on military rifles for this 1992 Amendment to the Arms Act. They looked at what constitutes a MSSA, how they should be regulated and what restrictions should be placed on their ownership. The same restrictions exist for restricted weapons, pistols and MSSA s alike and all involve a permit to procure and an endorsement process. The first MSSA feature listed in the Act is a folding or telescopic butt. The fact that a folding or telescopic butt is defined as the first feature shows parliament understood this type of firearm may have a feature that reduces its length. Any folding item by nature will be smaller when folded up or retracted away. Parliament did not state this must be folded up to as small as possible to measure its overall length. In all cases the fact that a firearm has a stock that is capable of being folded is a defining item that makes it an MSSA firearm and is therefore distinctive in the way it is treated at law. 16

17 The Arms Act defines MSSA features such as a flash suppressor. In my opinion, the police policy on removing such parts just to achieve a lesser overall length makes no logical sense. Flash suppressors are clearly laid out in the Arms Act 1983 as being a feature of a MSSA; why would it be removed for measuring? The legislation does not say an overall length must be taken by removing features to make the firearm as small as possible. My view is that the Scorpion Evolution rifle is an MSSA firearm in accordance with the definition in s2 of the Arms Act My view is that the Scorpion Evolution rifle is not a pistol as defined in s 2 of the Arms Act If you have any questions please do not hesitate to contact me. Martin Bath 17