Fire Prohibition Orders aim to remove guns from gangs

Introduction of Firearms Prohibition Orders aims to take guns away from those involved in organised crime, serious criminals and persons charged with terrorism-related offences.

The Government will make it illegal for high risk people to own firearms by introducing Firearms Prohibition Orders (FPOs) that will strengthen action already taken to combat the influence of gangs and organised crime to help keep New Zealanders and their families safe, Police Minister Poto Williams and Justice Minister Kris Faafoi announced on 11 May.

“It is a privilege, not a right, to own or use a gun in this country and we need to take that ability out of the hands of people who pose a threat to our communities,” Police Minister Poto Williams said.

Qualifying offences will be serious firearms offences (those which would disqualify someone from holding a firearms licence), serious violent offences (as defined in section 86A of the Sentencing Act 2002), an offence of participation in an organised criminal group (section 98A of the Crimes Act 1961), and terrorism-related offences under the Terrorism Suppression Act 2002.

The FPOs will offer additional controls on specified people, for instance, controls on where a person may reside or visit. They also will ensure that a person subject to an Order cannot use a firearm under the supervision of a licensed firearm owner.

A person subject to an FPO cannot own, use, access or be around firearms. Unless the Court says otherwise, they also cannot reside in locations where there are firearms, visit specific locations where there are firearms, or associate with someone who has a firearm on them. Breaching the conditions of the FPO will be a criminal offence.

The penalties envisaged would depend on which conditions the person had breached: A person who was found in possession or control of a firearm would face a penalty of up to five years imprisonment, or up to seven years imprisonment if the firearm was a prohibited firearm.

If the person breached a condition such as residing in a location where there were firearms, or visiting a prohibited location such as gun shop, the penalty would be up to two years imprisonment.

The Criminal Proceeds (Recovery) Act will also be amended to introduce a new power enabling seizure of assets of those associated with organised crime – where the person’s known legitimate income is likely to have been insufficient to acquire the asset.

“This new organised crime power will help prevent those involved in organised crime from benefitting from crime and remove the primary reason for organised crime to exist – the profits they can make from vulnerable New Zealanders,” Kris Faafoi said.

“Those involved in organised crime, including those who launder their money, would have to demonstrate their assets were obtained legitimately,” he said.