Treaties and International Law

International Treaties List as at July 2010

Organised Crime

83. Protocol Against the Illicit manufacturing of and Trafficking in Firearms, their Parts, Components and Ammunitions Supplementing the United Nations Convention on Transnational Organized Crime
Common Name: The Firearms Protocol

The express purpose of the Protocol is to: ‘promote, facilitate and strengthen cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.’ It is largely designed to combat offences that are transnational in nature and involve an organised criminal group. The Protocol supplements the Convention against Transnational Organized Crime and the provisions of the Convention apply with any necessary modifications to the Protocol.

The main obligations that the Protocol imposes on States Parties are the need to have:

• Discrete offences of the illicit manufacturing of firearms, their parts and components and ammunition, and of illicit trafficking of firearms;
• Offences of falsifying or illicitly removing or altering firearms markings;
• Legislation allowing the confiscation and seizure of illicitly manufactured or trafficked firearms, their parts, components and ammunition;
• Records on the import, export and manufacture of firearms (and, where appropriate and feasible, their parts, components and ammunition) to be maintained for not less than 10 years, so that they can be traced and identified;
• Unique marking of firearms at time of manufacture and importation, to be part of the records system;
• An effective system of export and import licensing/authorising for firearms, their parts and components and ammunition;
• Adequate security and preventive measures in respect of illicit manufacturing and trafficking of firearms; and
• Information sharing between states to assist the prevention, detection and investigation of illicit manufacturing and trafficking.

In addition states are to consider creating provisions for regulating the activities of firearm brokers.

This will involve significant amendments to the Arms Act 1983 and the Arms Regulations 1992, and some minor amendments to other Acts and Regulations. In addition, new regulatory and administrative measures will be needed to implement requirements of the Protocol. Additional requirements under the Arms Act will impact on Police, and there will be implications for New Zealand Customs Service with regard to border control and security.

Lead agencies:

Ministry of Foreign Affairs and Trade
New Zealand Police

Status:
Multilateral. The Protocol entered into force internationally in 2005. In March 2004 Cabinet authorised New Zealand to become a party to the Protocol, subject to completion of the Parliamentary treaty examination process and passage of the necessary legislation. The Parliamentary treaty examination process for the Firearms Protocol was conducted by Parliament’s Law and Order Committee. The Committee reported on 2 September 2004 and was unable to reach agreement on whether New Zealand should ratify the Protocol.

Website: United Nations Treaties [PDF 400KB]

Particular interest to Maori and other groups:
There are a number of groups with interests in firearms, which will take a strong interest in the passage of any legislation related to firearms. These include: New Zealand Council of Licensed Firearms Owners, National Rifle Association of New Zealand, Pistol New Zealand, New Zealand Mountain Safety Council, New Zealand Antique and Historical Arms Association, New Zealand Deerstalkers Association, Sporting Shooters Association of New Zealand, New Zealand Shooting Federation and the Coalition for Gun Control.

Legislation required:
Yes. The Arms Amendment Bill (No 3) is required to be passed before New Zealand can become party to the Firearms Protocol. The Bill was introduced on 18 February 2005.  It passed its first reading on 12 April 2005 and was referred to Parliament’s Law and Order Committee for consideration and report.  The Bill has been reinstated by the current Parliament and is still before the Law and Order Committee.

Contact:

Geoffrey Dunn
Manager Justice and Transport Team
Policy Group
New Zealand Police
geoffrey.dunn@police.govt.nz
Ph (04) 474 9505      Fax (04) 498 7407

Inspector Joe Green
Manager
Licensing and Vetting Service Centre
New Zealand Police
joe.green@police.govt.nz
Ph (04) 474 8851

Alice King
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
alice.king@mfat.govt.nz
Ph (04) 439 8337      Fax (04) 439 8103

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