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Wellington Gun-Running and Gun Trafficking Lawyers
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Wellington Gun-Running and Gun Trafficking Lawyers: A Friendly Guide
Hey there! My name’s Alex and I’m a writer living in Wellington, New Zealand. As you probably know, gun laws here in NZ are pretty strict compared to a lot of other countries. But that doesn’t stop some folks from trying to acquire guns illegally through gun-running or gun trafficking.
When someone gets busted for those kinds of crimes, they’re gonna need a good lawyer. That’s where the gun-running and trafficking lawyers come in. I did some research on these folks – who they are, what kinds of cases they take on, what defenses they use, etc. – and wanted to share what I learned with you all.
I’m not a lawyer myself, so consider this just a friendly guide from your average dude interested in how this niche part of the legal system works. I’ll try to break things down in simple terms without getting too technical or “lawyer-y”. Sound good? Okay, let’s get into it!
An Overview of Gun Laws in New Zealand
First, a quick refresher on gun laws here in NZ. The Arms Act 1983 and Arms Regulations 1992 are the main laws regulating firearms. Some key points:
- You need a license to possess or use guns. Different license types allow different weapons.
- Military-style semi-automatic guns (MSSAs) are restricted.
- Handguns and some semi-auto rifles are restricted to certain license holders.
- Importing guns without a permit is illegal.
- Selling guns without a dealer’s license is illegal.
- Carrying guns in public places is restricted.
So in general, it’s not easy for the average person to get their hands on firearms here. That’s where illegal trafficking comes in.
What is Gun-Running and Trafficking?
- Gun-running is smuggling weapons into a country illegally, often across borders.
- Gun trafficking is the illegal distribution and sale of firearms within a country.
- Those found guilty face heavy penalties like fines up to $250,000 and up to 7 years in prison.
Some examples of gun-running and trafficking crimes:
- Smuggling firearms into NZ without permits
- Selling guns without a license
- Possessing restricted weapons
- Falsifying import/export paperwork
You get the idea. Now let’s look at the lawyers who defend folks accused of these crimes.
Meet the Lawyers
There aren’t a ton of lawyers in NZ who specialize in gun crime cases. But the ones who do seem to be experienced and knowledgeable.
For example, take Nigel Hampton QC. He’s defended people charged with importing firearms illegally. Or there’s Marie Dyhrberg QC – she represented that guy who tried smuggling semi-auto rifles in his luggage on a flight from the USA.
Other notable names are Paul Mabey QC and Rachael Reed QC. High level lawyers like these don’t come cheap though. Expect to pay $500+ per hour for their services.
Common Defenses Used
When representing gun crime defendants, lawyers employ some typical defense strategies. Here are a few:
Lack of Knowledge
Argue the defendant didn’t know the weapons were illegal or lacked necessary permits. Like if a friend asks you to transport a package which (unbeknownst to you) contains illegal firearms.
Technicalities
Pick apart the legislation and look for technical errors in how the law defines or classifies weapons. Argue the weapons don’t precisely fit the legal definitions of restricted firearms.
Charter Rights
Claim the charges violate your lawful rights under the NZ Bill of Rights Act. Like the right to not be “subjected to torture or to cruel, degrading, or disproportionately severe treatment” (Section 9).
Unlawful Search and Seizure
Argue the police obtained evidence illegally through an unreasonable search or seizure. If evidence is deemed inadmissible, charges could potentially get tossed.
Entrapment
Argue you were illegally entrapped into committing the crime by police informants or undercover agents. This defense has worked in some gun smuggling cases.There are other more technical defenses too, like arguing improper warrants and whatnot. But these seem to be some of the most common overall legal strategies.
What About Mandatory Sentencing?
This is a big one. In 2019, the government passed a law introducing mandatory minimum sentences for certain gun crimes:
- 3 years for selling or supplying guns illegally
- 2 years for smuggling or unlawfully possessing guns
Judges must impose these minimum terms and can’t substitute home detention. Some lawyers have challenged these mandatory sentences.
For example, see R v Nuku where the defendant’s lawyer argued mandatory prison time was “manifestly unjust”. But the judge said they were bound by the law.
So while mandatory sentencing has made defending gun charges tougher, experienced lawyers are still finding ways to advocate for their clients.
How Do the Cases Typically Play Out?
Outcomes really vary case-by-case. But here are some general trends I noticed:
- Most plead not guilty initially.
- Lawyers try to get charges reduced or dropped through legal arguments.
- If that fails, defendants often change pleas to guilty to get lighter sentences.
- First time offenders may get home detention rather than jail time.
- Police seem more likely to prosecute gun trafficking over technical permit violations.
- Sentences range from fines and community service on the lower end to 7+ years prison for major gun-running operations.
But the courts look at each case individually. With a savvy lawyer, even some serious charges can end well for defendants. Like this gun smuggler who got permanent name suppression and no jail time.
So there’s a quick rundown on gun defense lawyers and how they operate! Let me know if you have any other questions. I’m always happy to chat more about this fascinating niche area of law. Stay out of trouble, friends 🙂