reclassification of MSSA

[Cameron Wright]

If the Palmerston north case is Lincoln vs NZ police, then the judgment has been out for a while. Not in favor of Lincoln. It's on the COLFO website http://www.colfo.org.nz/lincon-v-police/

[Cosmik de Bris]

If the Palmerston north case is Lincoln vs NZ police, then the judgment has been out for a while. Not in favor of Lincoln. It's on the COLFO website http://www.colfo.org.nz/lincon-v-police/

This is not the one that we are waiting for, this was an interim injunction until the judicial review. The result of the judicial review is not out yet.

Cheers

[David Proud]

Decision is Out, Lincoln Won - Police nil 


Result (taken from full PDF - a very long read)
[99] The result is that I consider the police interpretation to be an incorrect construction of the term ―military pattern free-standing pistol grip. It follows that Mr Lincoln‘s H&K SL8 rifle does not have such a grip. The grip is integrated with the stock and does not conform with military specifications. I accordingly declare that:
a) ―military pattern free-standing pistol grip as referred to in the Arms Act 1983 does not mean what is set out in the police communication dated 2 July 2009 (refer [30] above);
b) Mr Lincoln‘s Heckler & Koch SL8 rifle does not have a ―military pattern free-standing pistol grip as referred to in the Arms Act 1983.


Full Judgement http://www.colfo.org.nz/assets/Documents/Lincoln-v-NZ-Police-Judgments-TemplateJTK579.pdf

[JayDee]

This simply demonstrates that the whole "Check Your Stocks" Policy was based upon an 'inconsequential opinion' and has little if any validity.

The term 'Military Pattern Free-Standing Pistol Grip' was examined in depth by Justice Mallon and found to NOT be what the Police re-interpretation said it to be.
In her august opinion it must be 'Military Pattern' plus 'Free-Standing' plus a 'Pistol Grip' to be the feature defined in the Arms Act that 'Sporting Configuration' firearms must be without to remain in that configuration.

She even mentioned the plastic/metal strap which has always been accepted in good faith by both Licence holders and the Police as a feeble attempt to circumvent the Law. The other types of distictly different 'grips' are methods of compling with the Law - NOT attempts to circumvent the description!

The Judicial Review has very clearly informed the Police at National Headquarters that it is not within their powers to 're-classify' or indeed 'classify' any type of firearm and it is certainly not within their powers to cary out such massive projects such as the "Check Your Stock" based simply upon differing 'opinions'

It is a sad day when a firearm licence holder has to take the Police to Judicial Review because they will not listen to any other input and continue down the wrong path with complete 'intransigence'. A sad day indeed.

[Matt S]

Someone informed me that this all has been revoked by Police is this true??

[El Prez]

Like the two replies before yours..........?

[Matt S]

Pays to read before post