ARMS ACT

Gisborne Times, 13 October 1932, Page 2

ARMS ACT

LOOPHOLE IN . THE L AW. NO, NEED TO REGISTER PARTS. '/ • An important decision regarding liability under the Arms Act was given by Mr. P. H. Harper, S.M. in" the Police Court yesterday when Howard Vincent -lies appeared on a charge of , being, in possession of an unregistered rifle" for a longer period than:,seven days. In dismissing; tho information tho magistrate pointed out that, according to ‘tho letterof the Act though possibly not-the intention, there was no necessity to register parts of a rifle until they had been assembled.

, Defendant, who was represented bv Mr. L. T. Burnard, pleaded not guilty.

. This being one of the exceptional cases where simple possession of a rifle renders' the possessor liable under the Act unless he can supply an excuse, Mr. Burnard opened the case and pointed out that defendant had constructed tho rifle from various parts, many of which he had had in his possession before the Act came into force. He then took the rifle to the police station to register it, but thero it was discovered that none of the registration forms available were suitable for the particular rifle. Various ways out of the difficulty were suggested, but none of these met .wits defendant’s approval and the police refused to return the rifle. Senior-Sergeant Wade contended that defendant was required to register the parts in his possession, apart from Other considerations, therefore he had already then committed a breach of the Act.

Mr Burnard pointed out that while the Act compelled registration of parts of a pistol nothing was said about registration of parts of a rifle. In going ,to the station to register the rifle defendant had clearly proved his bona fides. The magistrate stressed that the point at issue was whether or not tho possessor of parts of a rifle was compelled to register them. In his opinion it was nob necessary lor anyone possessing parts of a rifle to register them until the weapon was assembled. No doubt this iwas against tho intention of the Act, but that was a matter for the Legislature. On the wording of the Act he must hold that it was. not necessary to register the parts until they were assembled. Defendant had taken the necessary steps to register the rifle atfer assembling it, therefore the information would be dismissed.