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An Auckland gunshop director is "ecstatic" over a decision by police not to pursue a charge against him of unlawful gun possession, bringing to an end a year-long ordeal.
Greg Carvell shot an intruder in his Penrose gunshop in July last year as the man threatened to kill him and a fellow gunshop worker with a metre-long machete.
The intruder, Ricky Beckham, survived the shooting and was jailed for two years and nine months.
Mr Carvell was not charged with the shooting after police decided he acted in self-defence but was charged with possession of a firearm without lawful, proper or sufficient purpose.
He admitted to keeping the colt .45 pistol hidden on a shelf in a desk in his shop for self-protection.
In a depositions hearing last month the JPs said there was not enough evidence he had the gun for anything but a lawful, proper and sufficient purpose.
Police said at the time they would decide whether to challenge the decision.
Auckland City police today said they had considered their position and decided not to pursue the unlawful possession charge against Mr Carvell, relating to that incident.
Detective Senior Sergeant Simon Scott said the case was never about the actual use of the firearm.
"The matters raised in court concerned the reason for possession of the firearm and general security procedures that Small Arms International and Mr Carvell carried out on a daily basis.
"This included having a gun with a loaded magazine in it under a desk in the shop for the purpose of self defence."
Under the Arms Act it was illegal in New Zealand for members of the general public to possess firearms for the purpose of self defence and police would always be concerned when such instances emerged, he said.
"Any change on this issue would have to come from a change in the law via the normal legislative channels."
The decision whether to prosecute or not had always been finely balanced but after due consideration the police had decided not to continue, he said.
Mr Carvell told NZPA he learned of the decision at 3.10pm when a policeman walked into the gunshop and returned his property, including his gun and clothing.
"He didn't actually say police wouldn't be pursuing the case but I gathered that if they were returning my things, they had dropped it."
Mr Carvell said he was "ecstatic" but not surprised by the decision.
"The court had already decided what the result should be and the police could only come up with the same decision."
Mr Carvell said it was "brilliant to have some closure and to know it's over".
"It's not going to be at the back of your mind now."
Mr Carvell said he would now be getting on with "life as usual".
He was grateful for the acts of generosity and support he had from the public over the past year.
The gun which was returned to him this afternoon would probably go back into stock or be kept as a souvenir, he said.
Mr Carvell said he did not believe an incident on Monday involving a man armed with a knife who burst into the gunshop, had any influence on the police's decision.
"They were two different situations and I don't think the attention from that would have been a factor in their decision."
- NZPA
