Labour has condemned disgraced former Deputy Police Commissioner Jevon McSkimming for instructing staff to make changes to the firearms vetting process, after he was contacted by an acquaintance who told him they would lose their firearms licence, if they incurred anymore driving demerit points.
“Rules about who is fit to hold a firearms licence must be made carefully and with proper consultation, not on the hoof, after the Deputy Commissioner chats to a mate with a speeding ticket,” acting Labour police spokesperson Duncan Webb told RNZ.
Police Commissioner Richard Chambers said he was of the view “better judgment could have been exercised and a more robust process followed” by McSkimming.
Police Minister Mark Mitchell told RNZ he agreed with Chambers and it was “pleasing the Firearms Safety Authority are taking appropriate steps of reviewing the policy”.
RNZ revealed McSkimming received an email from an acquaintance on August 14 last year, saying they were advised their firearms licence would be revoked, if they got any more driving demerit points.
The following day, a directive was drafted by staff in the Firearms Safety Authority team about the use of Police Infringement Bureau (PIB) data. The bureau deals with traffic offences, like speeding, not wearing a seatbelt, or using a mobile phone while driving.
“With immediate effect, there is to be no use of PIB information in relation to infringements for consideration of suspension/refusal/revocation of firearms licences or endorsements.”
The data from PIB was provided to police for Land Transport Act purposes, not for Arms Act matters, the email said.
“Whilst we all may have a view on this, the direction regarding the use of PIBS, this direction is sanctioned by ELT [executive leadership team] and therefore non-negotiable.”
Changes were also made to the Police Manual Chapter, reflecting that PIB data should not be used by Firearms Safety Authority staff.
Responding to questions from RNZ, Chambers said he became aware of the matters in May.
He was not involved in the executive at the time the change was made and said there was “no clear record of discussions and decisions on this”.
“As statutory Deputy Commissioner, Mr McSkimming did have the authority to instruct such a change. However, based on the information available, I am of the view better judgment could have been exercised and a more robust process followed.
“I believe it is warranted the Firearms Safety Authority review the policy, as it has opted to do.”
Firearms Safety Authority executive director Angela Brazier said it was currently reviewing the policy around the use of infringement data as part of the “fit and proper” assessment of licence holders.
“No final decisions have yet been made and, in the meantime, the status quo policy remains in place.”
RNZ approached McSkimming for comment through his lawyer last week, but did not receive a response.
In May, through his lawyer, McSkimming said he strongly denied any allegations he acted “in any way inappropriately in relation to the vetting process for firearms licences”.
“As the overall operational lead on firearms, at one time Mr McSkimming raised issues about how the vetting process was being applied.
“He took those concerns to the executive leadership team and, following discussion at the ELT, the process was subsequently modified.”
McSkimming denied acting inappropriately, stating he raised concerns about the vetting process with the executive leadership team. Photo / Mark Mitchell
The email
McSkimming’s acquaintance – a firearms licence holder – said in the email they had “never been in trouble with police criminally”, but had driver licence demerit suspensions against their name.
“I have been put on notice that next I get disqualified [redacted] I will have my firearms licence revoked, under not fit and proper.”
The person said they originally did not get their firearms licence, because they had driving suspensions. They then went to a police station, contested the decision and had it overturned.
“I then got an E Cat which I held till laws changed and more recently a 10-year renewal. But also few more suspensions for driving as well [sic].”
The person said someone else connected to them was a firearms licence holder and that they “get punished”, because once the person had their licence taken, they could not have firearms in the house.
“I don’t believe it to be fair to revoke one licence because I got disqualified on another. And clearly neither do the courts.”
The person said they were “extremely big on gun safety”.
“Is there anyone you can speak to, or put me on to someone to speak to. To try and stop what is more than likely a waste of police time, my time, the cost, and saving me having police turning up to my house removing guns [redacted].”
Just over half an hour after the email was sent, McSkimming forwarded it to then-director of operations at the Firearms Safety Authority Richard Wilson.
McSkimming asked for his thoughts, indicating he found it hard to believe police took the approach outlined by the acquaintance.
The following morning, McSkimming emailed another person, whose name was redacted, forwarding them the email he received and said he would speak to them.
The same day, the directive was drafted by staff in the Firearms Safety Authority team.