What Exactly is a ‘Military-Style Semi-Automatic Weapon’? Clarifying the Legal Definition

The term ‘military-style semi-automatic weapon’ is a misleading and politically charged phrase often associated with anti-gun rhetoric. By understanding the legal definition in New Zealand, we can dispel many of these misconceptions.

Myth vs. Reality: Understanding the Terms

The so-called 'gun haters' frequently use terms like 'military-style semi-automatic weapon' to create a sense of fear and danger, often without a clear understanding of the term’s meaning. These rhetorical tactics can mislead the public and complicate discussions on gun control. My guess is that they are referring to assault rifles, but it is important to clarify that only a select few military units actually use these weapons, and they are not as common as often portrayed.

Legislative Clarification

The term 'military-style semi-automatic weapon' is a loose and often overused phrase that serves more to inflame emotions than describe a specific type of firearm. In reality, it is a made-up term used to make ordinary firearms seem more menacing, similar to other terms like 'assault weapon' or 'fully semi-automatic.'

For legal clarity, the actual government regulation in New Zealand defines a 'military-style semi-automatic weapon (MSSA)' as follows:

A semi-automatic firearm that is capable of using a detachable magazine, other than those designed for 0.22-inch or less rimfire cartridges, with a capacity of more than 5 cartridges. A semi-automatic shotgun that is capable of using a detachable magazine with a capacity of more than 5 cartridges.

It is crucial to note that in New Zealand, the legality of these firearms is determined strictly by these legal definitions, not by cosmetic features or accessories. So, regardless of how a firearm looks or is adorned, it still falls under the legal definition based on its functional characteristics.

Practical Examples

Let's break down the real-world examples to further clarify this point:

Military-Purpose Firearms in New Zealand

I possess two weapons that I classify as military-style semi-automatic rifles. Neither of these firearms is an AR-15 or any similar firearm. However, both the M1 Garand and the M1 Carbine are unquestionably military surplus rifles, thus they fit the legal definition of military-style semi-automatic weapons in New Zealand.

On the other hand, my AR-15-style rifles are clearly not military-style. This is because, as far as I know, no semi-automatic AR-15 has ever been issued to the military. Therefore, they do not meet the criteria outlined in the New Zealand legislation.

Legal Definitions and Practical Implications

The recent Arms, Military Style Semi-Automatic Firearms Order 2019, officially codifies the legal definition of a 'military-style semi-automatic weapon' in New Zealand. This Order In Council dispels any ambiguity by providing a precise legal definition:

Semi-automatic firearms capable of using detachable magazines with a capacity greater than 5 cartridges, excluding small calibers. Semi-automatic shotguns capable of using detachable magazines with a capacity greater than 5 cartridges.

This clarifies that cosmetic or accessory features do not determine the legality of a firearm. The key is the firearm's inherent capabilities and design.

Conclusion

The term 'military-style semi-automatic weapon' is a charged and confusing term often used to incite fear rather than foster understanding. By examining the legal definitions established in New Zealand and the core principles of firearm design, it becomes clear that the term lacks a standardized meaning outside of legal context. Misunderstandings and misrepresentations can lead to policies that are more about emotion than safety. It is essential to rely on accurate, legal definitions to inform discussions and policies about firearms.