The business record-keeping obligations ensure that every movement of a firearm can be traced.
Business licence holders have obligations to record both receipt and supply of a firearm. This is regardless of the time between the receipt and supply of the same firearm. For example, even if for a short time, hours or days.
Businesses have long been required to keep records of firearms they receive, supply, repair, modify, or otherwise deal with as part of their business activities. This includes firearms received for sale, repair, or modification.
Previously, this information was recorded in a business record book, whether in physical or electronic form. Regulation 78 requires prescribed business record information to be provided to Firearms Safety and Education New Zealand through the Business Transaction Form.
The particulars that need to be recorded by a business, and when, has not changed, but the format they are required to be provided to the Firearms Safety and Education New Zealand has.
Business record-keeping obligations support Registry obligations
Business record keeping is a separate obligation to a firearms licence holder’s Registry obligation.
However, the business record keeping via the Business Transaction Form helps inform the Agency when an individual licence holder has received or supplied a firearm, and whether that transfer is a temporary transfer or not.
Temporary transfers versus enduring transfers
If, through the Business Transaction Form, the Agency sees that the transfer was a temporary transfer (because there will be a business record of the receipt of a firearm and then the supply back of the same firearm to the licence holder), then the licence holder will not have an activating circumstance.
However, if through the Business Transaction Form, the Agency sees that the transfer to the business was not temporary, then this will trigger an activating circumstance for the licence holder.
The Agency will be able to follow-up with the licence holder if they fail to complete their Registry obligations.