Is A Bow And Arrow Illegal In NSW - The Loose Cannon By Simon Munslow | 5 May 2020

I have written previously about Weapons Prohibition Act 1996, and unfair results that can arise from its all-encompassing wording, which makes even the submarine pressure hull in the park at Holbrook, and WW1 trench art, prohibited weapons. (Schedule 1, 1A (1).

The prohibition of some of the items listed is understandable, however the definition of flick knife ‘a knife that has a blade which opens automatically by gravity or centrifugal force or by pressure applied to a button’ could be applied to many innocently owned folding knives where the screw between the bolster and blade has worked loose (Schedule 1 1(1).

A flame thrower is defined as ‘Any device that is of military design or any other device that is capable of projecting ignited incendiary fuel’- (Schedule 1, 1A (3).  So, a pressure can could be considered a flame thrower- so don’t try that James Bond trick any time soon.

Perhaps the most worrying is Sch 1 4(9) which prohibits:

‘Any device (regardless of composition) that is designed to propel or launch a bomb, grenade, rocket or missile by any means other than by means of an explosive, including a device known as a PVC cannon’.

Missile is not defined in the Act, but if one turns to the most commonly used interpretive aid in Australian Courts, the Macquarie Dictionary, it lists arrows as an example of a missile.

So, whilst clearly intended to target the PVC cannon- a tube used to fire frozen apples and oranges by using aerosol gas as a fuel, and a barbecue igniter as a trigger, (and which physics teachers love to demonstrate) captures the common bow and arrow.

I realise a lot of you are thinking at the moment, your daft, Game laws permit hunting with bows!

Yes, they do, but that does not mean that the bow is lawful!

You have to remember how much of an Ass the law can be!

Is this a mistake?  I do not think so.  This legislation has been written very broadly as a result of two things:

Policy Officers have not understood all of the permutations of weapon that could be involved, let alone quite possibly what they were seeking to prohibit, and there has been a desire to anticipate other types of devices, so the law has been written broadly.

The breadth of approach dovetails with another problem. Whether an offence has been committed or not often comes down to the interpretation of a Police Officer, and in some instances, the officer’s imagination, desire to protect the community from that imagination, plus the desire for a result.

Generally, Police do not go looking for this sort of prosecution, it would typically be by what a Police Officer considered a public order matter where someone had lodged a complaint, or a Policeman has wasted time attending your home in respect to an allegation of violence, or you have upset the officer, or for some other reason the officer is looking for a ‘result’.

Sadly, I see enough matters involving what I would class as petty criminal offences that to me should fall below a discretionary threshold decision of whether or not to be prosecute to cause me concern.

Should you go running off and lodge an application for a Prohibited Weapons Permit for a bow and arrow?

Here I can only speak for myself- and this is not advice- If I was just a bow hunter, I probably would not bother, but as a licenced firearms owner, I am particularly cautious about avoiding ANY breach of the law, including prohibited weapons legislation, because my firearms licence means so much to me, and a breach of the law for me, would have certain legal implications as a legal practitioner.

I am also conscious of an ‘attitude’ that some Police (thankfully not all) hold toward firearms owners and the impact of a culture of booking people in order to get a ‘result’, rather than the kind of community Policing / caution methodology used in other states that regards prosecution as a last resort.

If the Registry is concerned about a flood of Permit requests, from bow hunters, I make the following suggestion.

When I worked as a Regulatory Lawyer for the Commonwealth, we developed the concept of a Class licence, as a means of licensing everyone with certain types of equipment (ie CB radio) that we did not want to be bothered regulating. It worked well.

The logical choice here would be for the Commissioner to issue a Class Permit, that effectively grants a permit a device to certain types of prohibited weapon, which are held with a genuine reason for possession.

Another possibility would be a prosecution policy that removes low threshold offences from the realm of prosecution unless there is a significant aggravating factor.  The Director of Public Prosecutions in NSW has a clear policy in this regard, but I have been unable to find such a policy for Police.

The solution is quite easy- it just calls on some good will and common sense on behalf of regulators and a willingness to educate themselves about what they seek to regulate.

The outcome of such an approach would be that the public know where they stand, and at present, we do not.

Simon Munslow

National Firearms Lawyer
P: (02) 6299 9690
M: 0427 280 962
E: solicitor@bigpond.com
W: firearmslawyer.com.au

Simon Munslow is a lawyer who has a lifelong interest in shooting, having acquired his first firearm at the age of nine, and has had an active interest in firearms law since writing a thesis on the topic over thirty years ago at University.
Simon Munslow practices extensively in Firearms Law matters throughout Australia.

He is a regular contributor to the Australian Sporting Shooter magazine’s website on Firearms law matters, has published articles on firearms reviews and firearms law, and occasionally is asked to comment in the broader media on firearms matters.

This article is written for general information only and does not constitute advice.
He can assist you with:

Criminal law & Administrative law and in particular that related to Firearms

• All firearms, weapons and game charges
• Avoiding & setting aside Apprehended Violence Orders
• Possession of unregistered firearms
• Unsafe transportation & storage matters
• Applications for prohibited weapons
• License Appeals
• Freedom of Information / Government Public Access matters
• Importation & Customs problems
• Advices & opinions related to Firearms law matters

Muzzle-Loading Guns, rifles & pistols. Police Seizure Abuse - The Loose Cannon.

Although I once defied the odds and got nought out of thirty in an open book multiple choice Chemistry test, leading to me studying law and not an agricultural science, Newton’s third law ‘for every reaction there is an equal and opposite reaction’, has always appealed to me, because at least on one level it applies to human and organisational behaviour and not just objects.

Thus when Police are affected by something they react.

Most readers would be familiar with the Edwards tragedy last year.  Mr Edwards was granted a special Commissioner's Permit for a handgun, against the wishes of a gun club he had previously approached, and then he went oput and commited a murder suicide soon after.  Further compounding the tragedy, his distraught former spouse committed suicide earlier this year. 

Police did not blame themselves for granting the permit, and are now targeting anyone who shoots and who is involved in a Family Law break up.

Case in point, I am acting for a small dealer at present who is in the process of going through a break up with his spouse.  The parties are separated under the one roof.

On my instructions his former partner was somewhat jealous because he was having a discussion and was actively engaged in play with his son. His wife’s mother suggested she call Police, which she proceeded to do.

Police attended, and as no threat was made, and there was no apprehension of violence, no AVO was issued.

Nevertheless, my client’s licence was suspended.  The reason on the suspension was ‘child at risk’- yet there was on these facts no evidence of this.  The only thing that happened that night that would have been scary to a child was the arrival of two Police Officers after the child’s bed time - although I stress that in this particular situation the officers behaved commendably well, and only followed instructions.

Not every child in a break up is a child at risk, and if Police wanted to target children at risk their attention would be better spent visiting shopping centres and rounding up truanting children during the day, and getting tired drivers off the road.

As you may be aware, Police policy of seizure, for a ‘cooling off period’ of 28 days, does not appear to have any statutory basis and any seizure of firearms needs to comply with Firearms Act 1996 or the Law Enforcement (Powers and Responsibilities) Act 2002.

The Police power to suspend a Firearms licence is set out in paragraph 22 of the Firearms Act 1996, and I have set it out below.

22   Suspension of licence

(cf APMC 6, 1989 Act s 35)

(1)  The Commissioner may, if the Commissioner is satisfied there may be grounds for revoking a licence, suspend the licence by serving personally or by post on the licensee a notice:

(a)  stating that the licence is suspended and the reasons for suspending it, and

(b)  requesting that the person provide the Commissioner with reasons why the licence should not be revoked.

(1A) If a licence is being suspended because the Commissioner is satisfied that there may be grounds for revoking the licence under section 11 (5A), the notice suspending the licence is not required:

(a)  to state the reasons for the suspension, or

(b)  to include any request that the licensee provide the Commissioner with reasons why the licence should not be revoked.

(2)  The Commissioner must suspend a licence in accordance with this section if the Commissioner is aware that the licensee has been charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or the Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act.

(3)  A suspended licence does not authorise the possession or use of firearms during the period specified in the notice suspending it.

Whilst not relevant, I shall set out section 11(5) below for your convenience

11(5) A licence must not be issued to a person who:

(a)  is under the age of 18, or

(b)  has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or

(c)  is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to an apprehended violence order (other than an order that has been revoked), or

(d)  is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or

(e)  is subject to a firearms prohibition order, or

(f)  is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

Turning to the Law Enforcement (Powers and Responsibilities) Act 2002 which again relevantly provides:

      20   Relevant offences

The following offences are relevant offences for the purposes of this Division:

       (a)  indictable offences,

       (b)  an offence against section 93FB of the Crimes Act 1900,

       (c)  an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts,

       (d)  an offence against a provision of Part 2 of the Explosives Act 2003.

      21   Power to search persons and seize and detain things without warrant

      (cf Crimes Act 1900, ss 357, 357E, Drug Misuse and Trafficking Act 1985, s 37)

       (1)  A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists:

       (a)  the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,

       (b)  the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,

       (c)  the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,

       (d)  the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.

       (2)  A police officer may seize and detain:

       (a)  all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and

       (b)  all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and

       (c)  any dangerous article, and

       (d)  any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,

       found as a result of a search under this section.

      22   Power to seize and detain dangerous articles on premises

      (cf Crimes Act 1900, s 357)

A police officer who is lawfully on any premises may seize and detain any dangerous article that the police officer finds on the premises, if the police officer suspects on reasonable grounds that the dangerous article is being or was used in or in connection with the commission of a relevant offence.

 Premises include vessels, vehicles, aircraft and other places.

       The difficulty for Police here is that while a firearm is a dangerous article within the meaning of s21(2)(c) there is no relevant offence, nor is there any suspicion on reasonable grounds that the article is or was used in commission of an offence (s22).

After realising that they were on shakey grounds a Sergeant rang my client, alluded to gaol, and referenced the following alleged offences, none of which are supported by available evidence.

1.     That my client was in possession of 14 unregistered firearms.  This allegation was denied.  My client had completed all PAB28 and 31 paperwork as required by legislation as required and had forwarded these to the Registry by Registered Post.  My client also completed his quarterly return with respect to these entries and forwarded the quarterly return to the Registry by Registered Post.  Apparently, Police wish to hold my client responsible for processing tardiness at their Registry.

     That my client was in possession of a number of prohibited firearms specifically firearms fitted with a folding stock. Allegation admitted. My client is authorised by virtue of his dealer licence to possess prohibited firearms no 11 of Sch 1 of the Firearms Act 1996, item 11 are any firearms fitted with a folding stock.

1.     That my client was informed he would be asked why one firearm had a defaced serial number.  Upon entering details of all firearms acquired by my client the physical serial number of the firearm was sighted at all times when making these entries.  My client can answer no explanation why one has a defaced serial number he questions if part of a serial number may be partially obscured by a stock.  I requested further particulars.
2.     The Sergeant informed my client that his decision to suspend my client in the morning of 9 May 2019 was supported by an allegation involving matrimonial property.  On the 8 May 2019 attending Police referred to this as a civil matter, and it was not raised as a complaint until the afternoon of the 9 May 2019. For this reason, this allegation was not raised on the Suspension Notice and had no bearing upon the decision to suspend.

My criticism is with a Police Policy in practice in respect to domestic situations that exceeds the law, and that involves the seizure of firearms without probable cause merely on suspicion of a domestic break up. 

Just because Firearms ownership is a privilege and not a right, does not mean that privilege is subject to unfettered discretion by Police to seize firearms or suspend licences without appropriate due process.

When I first came to Australia, I was amazed how far this country has progressed since it was a penal colony, a mere couple of hundred years ago.  However the longer I practice law, the more convinced I am that my assumption is wrong, for certainly in terms of Police attitude, this state is still a Penal Colony.

Simon Munslow

National Firearms Lawyer
P: (02) 6299 9690
M: 0427 280 962
E: solicitor@bigpond.com
W: firearmslawyer.com.au

Simon Munslow is a lawyer who has a lifelong interest in shooting, having acquired his first firearm at the age of nine, and has had an active interest in firearms law since writing a thesis on the topic over thirty years ago at University.
Simon Munslow practices extensively in Firearms Law matters throughout Australia.

He is a regular contributor to the Australian Sporting Shooter magazine’s website on Firearms law matters, has published articles on firearms reviews and firearms law, and occasionally is asked to comment in the broader media on firearms matters.

This article is written for general information only and does not constitute advice. 
He can assist you with:

Criminal law & Administrative law and in particular that related to Firearms

• All firearms, weapons and game charges
• Avoiding & setting aside Apprehended Violence Orders
• Possession of unregistered firearms
• Unsafe transportation & storage matters
• Applications for prohibited weapons
• License Appeals
• Freedom of Information / Government Public Access matters
• Importation & Customs problems
• Advices & opinions related to Firearms law matters

Read more at http://www.sportingshooter.com.au/latest/police-seizure-abuse-the-loose-cannon#iq2kiJvR6Pw57ZCw.99
http://www.sportingshooter.com.au/latest/police-seizure-abuse-the-loose-cannon

SHOOTERS, FISHERS & FIREARMS PARTY.

https://d3n8a8pro7vhmx.cloudfront.net/sfp2015/pages/485/attachments/original/1524461807/Firearms_%28Reviewed%29_150118.pdf?1524461807

PLEASE, sign this petition.

A Muzzleloader Is Not Considered A Firearm In America.

Modern muzzleloaders are considered “antique firearms” as they are replicas of pre-20th Century designs, with certain other limitations.

In fact, the Gun Control Act of 1968 defines an antique firearm in Section 921(16) as any firearm manufactured before 1898, including those with a matchlock, flintlock, percussion cap, or similar ignition system. Replicas of such firearms are also considered antiques as long as the replica is not “designed or redesigned to use rimfire or conventional centerfire fixed ammunition.”

http://guide.sportsmansguide.com/adventures/muzzleloader-considered-firearm/

But this is not the case in Australia, despite the fact that there has never ever been a mass shooting involving a single muzzle-loading gun in history! Why has there never been a mass shooting using a muzzle-loading gun? Simply because it is not possible; assuming the gun actually fires the first time (& the shooter manages to hit someone!), by the time the shooter has reloaded, everyone would have fled the area! Criminals & killers DO NOT use these guns; they only ever use modern breech-loading guns!

Ignorance & gun paranoia is behind the poor drafting of gun control legislation; both the general public & the government employees are to blame for poor insensible pointless laws concerning muzzle-loading guns of all types, & we, the muzzle-loader enthusiasts are the ones that are disadvantaged! Please, do the research; educate yourselves before supporting this law against the purchase & use of muzzle-loading pistols on private property. This is NOT a weakening of firearms law; this is a correction of a firearms law. PLEASE, sign this petition & give us a fair go.

https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence/u/23507459

Firearms Regulations. Public Safety, Ignorance, or Just Bloody Mindedness?!!!

Firearms License Categories NSW Australia.

Take a look at the various guns in these categories. Why are muzzle-loaders placed on a “B” class license with Center-fire firearms? Why are muzzle-loading pistols placed on an “H” class license with semi-automatic hand guns?!!!   I thought that licensing was all about public safety, but categorizing of muzzle-loading guns obviously has NOTHING to do with public safety!!!

What firearms are applicable to a Category A firearms licence? * Air rifles. * Rimfire rifles (other than self-loading). * Shotguns (other than pump action, lever action or self-loading). * Shotgun/rimfire combinations.

What firearms are applicable to a Category B firearms licence? * Muzzle-loading firearms (other than pistols). * Centre-fire rifles (other than self-loading). * Shotgun/centre-fire rifle combinations. * Lever action shotguns with a magazine capacity of no more than 5 rounds.

What firearms are applicable to a Category C firearms licence? * Self-loading rimfire rifles with a magazine capacity of no more than 10 rounds. * Self-loading shotguns with a magazine capacity of no more than 5 rounds. * Pump action shotguns with a magazine capacity of no more than 5 rounds. These firearms are prohibited except for limited purposes. Some firearms, specifically those adapted for military purposes, are excluded under all circumstances from this licence category.

What firearms are applicable to a Category D firearms licence? * Self-loading centre-fire rifles. * Self-loading rimfire rifles with a magazine capacity of more than 10 rounds. * Self-loading shotguns with a magazine capacity of more than 5 rounds. * Pump action shotguns with a magazine capacity of more than 5 rounds. * Lever action shotguns with a magazine capacity of more than 5 rounds. * Any firearms to which a Category C licence applies.

What firearms are applicable to a Category H firearms licence? * Pistols (including revolvers, semi-automatic pistols, blank fire pistols, flintlock muzzle-loading pistols, Wheelock muzzle-loading pistols, matchlock muzzle-loading pistols and air pistols).

Please Sign This Petition: https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence/u/23425607

Help Us Protect Hunting & Gun Ownership In Australia.

Help us protect hunting

The Shooters Fishers and Farmers Party on on the attack after new regulations have been delivered. Here is how it will affect you and what you can do to help. 

The Liberal - National New South Wales Government has released a consultation draft of the proposed Firearms Regulation 2017 and Weapons Prohibition Regulation 2017.

In a move reminiscent of John Howard’s 1996 gun reforms, these are some of the most draconian regulations ever.

These regulations, if passed in their current form, will affect every licensed firearm owner, hunting club and firearms dealer in New South Wales.

Here are just a few ways these new regulations will hurt law-abiding firearms owners:

Forcing all hunters and private landowners to supply private personal details to New South Wales Police before being allowed to hunt on private land (clause 32, 34 Draft Firearms Regulations 2017).

Refusing a firearms license or permit even if someone is innocent of an offence under the Firearms Act (clause 11, 23 Draft Firearms Regulations 2017).

Squeezing law-abiding firearms dealers out of business through further regulation and restriction (clause 41 Draft Firearms Regulations 2017).

As they’ve always done, the Government are punishing law-abiding firearms owners for the actions of criminals.

They know full well that the increase in law-abiding firearms owners is largely due to the increase in recreational hunting. They’re attacking legitimate hunters from safely going about their business and slowly trying to kill off all licensed firearms ownership.

Regulations, unlike Bills and Acts, do not have to come before the Parliament to be voted on. They are put in place by the the Minister for Police, National Party MP Troy Grant.

You can help RIGHT NOW.

The draft Firearms Regulation 2017 and draft Weapons Prohibition Regulation 2017 have been released for public consultation.

The closing date for submissions is 5pm on Monday 31 July 2017.

Please click on the following links for the:

Draft Firearms Regulations 2017

Draft Weapons Prohibition Regulation 2017

Regulatory Impact Statement

Let the Government know that you don’t appreciate being treated like a criminal in waiting.

There is no set format for submissions if you wish to make comments and you can keep your comments private if you choose so.

Email submission to (preferred option): firearms@mpes.nsw.gov.au

Our Loose Cannon writer, Firearms Lawyer Simon Munslow, has written a document which will assist you in writing to your local politicians and the NSW Police Minister to put the heat on the government over this issue.  You can download Simon Munslow's Correspondence Guide here.

Post submissions to:

Firearms Submissions
Office for Police, Department of Justice
GPO Box 5434
SYDNEY NSW 2001

Submissions must be received no later than 5.00pm Monday 31 July 2017.

Copies of all documents are available on the Department of Justice website.

Read more at : http://www.sportingshooter.com.au/latest/nsw-government-attacks-recreational-hunting?utm_medium=email&utm_campaign=Newsletter%2028%20July%202017&utm_content=Newsletter%2028%20July%202017+CID_f0308b26265b69a26e10466effed15df&utm_source=Email%20marketing%20software&utm_term=band%20together%20throughout%20this%20attack%20and%20sacrifice#KY4bHsYgPS9cFSV4.99

National Firearms Agreement Australia 2017. Personal protection is not a genuine reason for using a firearm!!!

Personal protection is not a genuine reason for using a firearm.

NATIONAL FIREARMS AGREEMENT Council of Australian Governments An agreement between n the Commonwealth of Australia and n the States and Territories, being: t The State of New South Wales t The State of Victoria t The State of Queensland t The State of Western Australia t The State of South Australia t The State of Tasmania t The Australian Capital Territory t The Northern Territory of Australia February 2017 2 of 14 NATIONAL FIREARMS AGREEMENT OPENING STATEMENT 1. The National Firearms Agreement constitutes a national approach to the regulation of firearms. The Agreement affirms that firearms possession and use is a privilege that is conditional on the overriding need to ensure public safety, and that public safety is improved by the safe and responsible possession, carriage, use, registration, storage and transfer of firearms. 2. This Agreement sets out minimum requirements in relation to the regulation of firearms. Nothing in this Agreement prevents jurisdictions from adopting additionalincluding more restrictiveregulations. 3. Having regard to the National Firearms Trafficking Policy Agreement, first agreed in 2002, jurisdictions agree to establish or maintain substantial penalties for the illegal possession of a firearm. PROVISION TO MAINTAIN FUNDAMENTAL ASPECTS OF THE NATIONAL FIREARMS AGREEMENT 4. The Council of Australian Governments and its subordinate bodies will periodically consider emerging issues relating to this Agreement, including, for example, improvements and advancements in firearm technologies. Issues for consideration will be those which will ensure that the Agreement remains true to its fundamental aspects, being: the requirement for a genuine reason for possessing or using a firearm, the appropriate categorisation of firearms, the registration of firearms, firearms licensing (including fit and proper person requirements), the requirement for a permit to acquire each firearm, the safe and secure storage of firearms, the recording of firearms sales, and suitable firearms transaction practices. RESTRICTIONS ON CERTAIN FIREARMS 5. The Commonwealth will restrict the importation of: (a) all semi-automatic long arms and pump action shotguns, and all partsincluding magazinesfor such firearms, included in Licence Categories C and D (b) magazines with a capacity greater than thirty for long arms and magazines with a capacity greater than twenty for handguns (c) all handguns for sporting shooting purposes other than those which meet the prescribed characteristicsincluding barrel length, magazine capacity and calibrein paragraph 14(b)(i) (d) handgun parts for sport shooting purposes (for example slides, barrels, receivers and frames) which could be used to assemble a prohibited handgun or convert a permitted handgun into a prohibited handgun. NATIONAL FIREARMS AGREEMENT 3 of 14 6. Jurisdictions will ban the sale, resale, transfer, possession, manufacture and use of those semi-automatic long arms and pump action shotguns included in Licence Category C and D other than in the following exceptional circumstances: (a) military use (b) police or other government purposes (c) occupational categories of licence holders who have been licensed for a specified purpose, including i. the extermination of animals ii. film and theatrical armourers iii. firearm dealers iv. firearm manufacturers v. additional occupational needs and other limited purposes as authorised by legislation or Ministerial discretion (d) collectors (e) in the case of Category C shotguns i. members of the Australian Clay Target Association or clubs affiliated with the Australian Clay Target Association with a medical need to use a Category C shotgun due to a lack of strength or dexterity, or ii. individuals who were on 15 November 1996 registered shooters with the Australian Clay Target Association and who, at that time, possessed a semi-automatic shotgun or pump action repeating shotgun for use in clay target events. 7. Jurisdictions will restrict the importation, possession and use of handguns for sporting purposes to individuals meeting recognised sporting shooter classifications in the Olympic and Commonwealth Games and for other accredited events that meet the conditions in paragraph 14(b)(i). 8. Jurisdictions will ban competitive shooting involving those long arms which are restricted from import, except for those individuals who meet the conditions in paragraph 13(b)(iii). GENUINE REASONS AND NEED FOR ACQUIRING, POSSESSING OR USING A FIREARM 9. Individuals must demonstrate a genuine reason for acquiring, possessing or using a firearm. The genuine reasons and relevant qualifying statements are listed in paragraphs 13-23. 10. Personal protection is not a genuine reason for acquiring, possessing or using a firearm. 11. Over and above satisfaction of the “genuine reason” test, an applicant for a licence must demonstrate a genuine need for the particular type of firearm (excluding Category A firearms). 12. Only certain categories of firearms can be acquired, possessed or used under each genuine reason. Categories of firearms are listed in paragraphs 25-29. NATIONAL FIREARMS AGREEMENT 4 of 14 GENUINE REASONS 13. Sports shooters – long arms (a) Sports shooters must have a valid membership with an approved club (defined as clubs participating in shooting sports recognised in the charters of such major sporting events as the Commonwealth Games, Olympic Games or World Championships). (b) Firearms permitted for acquisition, possession or use under this genuine reason are: i. Category A ii. Category B iii. Category C shotguns, limited to 1 members of the Australian Clay Target Association or clubs affiliated with the Australian Clay Target Association with a medical need to use a Category C shotgun due to a lack of strength or dexterity, or 2 individuals who were on 15 November 1996 registered shooters with the Australian Clay Target Association and who, at that time, possessed a semi-automatic shotgun or pump action repeating shotgun for use in clay target events. 14. Sports shooters – handguns (a) Sports shooters must have a valid membership with an approved club. (b) Firearms permitted for acquisition, possession or use under this genuine reason are: i. Category H – the firearm must be designed or adapted for competition target shooting, or must have a barrel length of at least 120mm for a semi-automatic handgun or 100mm for a revolver or a single shot handgun. If the firearm is fitted with a firearm magazine or cylinder, it must have a capacity of not more than 10 rounds. The calibre of the firearm must not exceed .38” (with the exception of cases listed under paragraph 14(c)). (c) Handguns with a calibre greater than .38” but no greater than .45” are permitted only where shooters are competing in the two accredited events known as Metallic Silhouette and Single (Western) Action. 15. Recreational shooters/hunters (a) Recreational shooters/hunters must produce proof of permission from a landowner. (b) Firearms permitted for acquisition, possession or use under this genuine reason are: i. Category A ii. Category B 16. Primary producers (a) Primary producers must satisfy the licensing authority that there is a genuine need for the use of the firearm which pertains to the applicant’s occupation and which cannot be achieved by some other means. The application is to be approved by the Commissioner of the Police who may impose conditions as to the use of the firearms, including as to the geographical location of its use. NATIONAL FIREARMS AGREEMENT 5 of 14 (b) Firearms permitted for acquisition, possession or use under this genuine reason are: i. Category A ii. Category B iii. Category C – where the licensing authority is satisfied that there is a genuine need for the use of the firearm which cannot be achieved by some other means (including the use of Category A or B firearms). Primary producers are limited to one Category C shotgun and one Category C rifle iv. Category D – where the licensing authority is satisfied that there is a genuine need for the use of a Category D firearm for the purposes of controlling vertebrate pest animals in the course of primary production activities. Jurisdictions may require individuals to meet additional requirements (for example, safety training and marksmanship) to qualify for Category D acquisition, possession or use, or to establish certain facts (for example, lack of other pest control options) in order to demonstrate need. 17. Occupational requirement (other rural purposes and professional shooters for nominated purposes) (a) Persons with an occupational interest must satisfy the licensing authority that there is a genuine need for the use of the firearm which pertains to the applicant’s occupation and which cannot be achieved by some other means. The application is to be approved by the Commissioner of the Police who may impose conditions as to the use of the firearms, including as to the geographical location of its use. (b) Firearms permitted for acquisition, possession or use under this genuine reason are: i. Category A ii. Category B 18. Security employees (a) Firearms permitted for acquisition, possession or use under this genuine reason are: i. Category A ii. Category H 19. Collectors (a) Collectors will be regulated by means of a licence and permit system which tests their bona fides. (b) Firearms permitted for acquisition and possession under this genuine reason are: i. Category A – must be rendered temporarily inoperable ii. Category B – must be rendered temporarily inoperable iii. Category C – must be rendered temporarily inoperable iv. Category D – must be rendered permanently inoperable v. Category H – must be rendered temporarily inoperable (c) For the purposes of handguns, jurisdictions agree that they will accredit historical societies. Historical societies are required to notify police of a member’s expulsion as well as the reasons for expulsion. Accredited historical societies will be indemnified from civil or legal liability where they notify police in good faith of their belief that a person is unfit to hold a collector’s licence. NATIONAL FIREARMS AGREEMENT 6 of 14 20. Heirlooms (a) Jurisdictions agree that where the owner of an heirloom firearm is unable to establish a genuine reason for possession of that firearm and/or does not qualify for a collector’s licence, jurisdictions may issue the heirloom owner with a special category of licence. The requirements of that heirloom licence must be that: i. before the licence is issued, the owner provides sufficient proof of inheritance of the heirloom ii. the licence apply only to a single gun, or a matched pair or set iii. all heirloom firearms be rendered permanently inoperable iv. the licence not authorise the discharge of the heirloom firearm or firearms in any circumstance. 21. Firearm dealers (a) Jurisdictions must have regulations addressing firearm dealers. 22. Firearm manufacturers (a) Jurisdictions must have regulations addressing firearm manufacturers. 23. Film and/or theatrical armourers (a) Jurisdictions must have regulations addressing film and theatrical armourers. CATEGORIES OF FIREARMS 24. The following categories are to be used in the licensing of firearms. 25. Licence Category A (a) Air rifles (b) Rimfire rifles (excluding semi-automatic) (c) Shotguns (other than semi-automatic, pump action or lever action) (d) Rimfire rifle/shotgun combinations 26. Licence Category B (a) Muzzle-loading firearms (b) Single shot, double barrel and repeating centrefire rifles (c) Centrefire rifle/shotgun combinations (d) Lever action shotguns with a magazine capacity no greater than five rounds 27. Licence Category C (a) Semi-automatic rimfire rifles with a magazine capacity no greater than 10 rounds (b) Semi-automatic and pump action shotguns with a magazine capacity no greater than five rounds 28. Licence Category D (a) Semi-automatic centrefire rifles designed or adapted for military purposes or a firearm which substantially duplicates those rifles in design, function or appearance (b) Non-military style self-loading centrefire rifles NATIONAL FIREARMS AGREEMENT 7 of 14 (c) Semi-automatic, pump action and lever action shotguns with a magazine capacity greater than five rounds (d) Semi-automatic rimfire rifles with a magazine capacity greater than 10 rounds 29. Licence Category H (a) All handguns, including air pistols NATIONWIDE REGISTRATION 30. Jurisdictions agree to the nationwide registration of all firearms. Jurisdictions will record sufficient information to be able to uniquely identify each firearm, including details prescribed by the national information-sharing hub. 31. Jurisdictions agree to store registrations on a system which is able to share information with the national information-sharing hub. LICENSING 32. Jurisdictions agree to maintain a uniform system of testing applicants for firearms licences. 33. In addition to the demonstration of genuine reason, a licence applicant must be required to: (a) be aged 18 or over (b) be a fit and proper person (c) be able to prove identity through a 100 point system requiring a passport or multiple types of identification (d) undertake adequate safety training (see paragraph 35). 34. A licence must: (a) bear a photograph of the licensee (b) be endorsed with the category of the firearm (c) be issued after a waiting period of not less than 28 days (d) be issued for a period of no more than five years (e) contain a reminder of safe storage responsibilities (f) be issued subject to undertakings to comply with storage requirements, to provide details of proposed storage provisions at the time of licensing, and to submit to a mutually arranged (with due recognition of privacy) inspection by licensing authorities of storage facilities. 35. Requisite training (a) Jurisdictions agree that first time licence applicants must complete an accredited course in safety training for firearms. The course must be: i. comprehensive and standardised across Australia for all licence categories ii. subject to accreditation of the course syllabus, by an appropriate authority, and a system of accredited instructors to bring prospective licensees to the required standard with a focus on firearms law, firearms safety and firearms competency NATIONAL FIREARMS AGREEMENT 8 of 14 iii. monitored as to content of courses and the skills of instructors by firearms regulatory authorities. (b) Jurisdictions agree to have a separate specialised training course for individuals employed by the security industry. 36. Sports shooters – handguns (a) Sports shooters must have a valid membership with an approved club. i. Clubs will have the power to request a police check on a person prior to accepting them as a member of a club. ii. A person applying to join a club must provide that club with two character references from people they have known for at least two years. iii. Clubs must endorse a member’s application to acquire a handgun. In endorsing the application, clubs should: 1 confirm that the licensee has adequate storage arrangements in place 2 specify for which competition shooting discipline the handgun is required. iv. To prevent ‘club shopping’, a person wishing to join a club must provide to that club details of any other shooting clubs to which they belong and details of the firearms they possess. In addition, clubs are empowered to request information from licensing authorities on a member’s or applicant’s possession of handguns and their membership of other clubs. v. Shooting clubs are required to provide licensing authorities with an audited annual report providing member details, firearms possessed, and participation rates. (b) Jurisdictions agree to a system for graduated access to handguns for legitimate sporting shooters based on training, experience and event participation. The system will be based on graduated access to handguns over a period of 12 months and will incorporate the following principles: i. a person is required to obtain a police check and submit this with their application to join a shooting club ii. during the first six months a person will not be permitted to own a handgun, must satisfactorily complete a firearm safety training course and meet minimum participation rates iii. if a club certifies that a person has satisfactorily complied with the conditions attached to the first six months’ probation, then during the second six months a person will only be permitted to own one .22” calibre rimfire pistol and one .177” air pistol, or one centrefire pistol and one .177” calibre air pistol. (c) After the initial period of 12 months, acquisition of additional handguns is subject to demonstration of genuine need, confirmation that the licensee has adequate storage arrangements in place, and specification of the competition shooting discipline for which the handgun is required. 37. Collectors (a) The licensing process must include a provision for an initial inspection of storage facilities and for subsequent mutually arranged inspections. All such inspections will be subject to the recognition of the individual’s right to privacy. The onus of defining NATIONAL FIREARMS AGREEMENT 9 of 14 ‘bona fide firearms collector’ rests with each State and Territory. However, the following principles must underpin the regulation of bona fide firearms collectors: i. the firearms which are the subject of the collection should be of or above a defined age ii. firearms in a collection which have been manufactured after 1 January 1946 must be rendered inoperable (whether or not they are otherwise only required to be rendered temporarily inoperable according to paragraph 19(b)) iii. collectors may not possess ammunition for a collection firearm iv. any attempt to restore firearms in the collection to usable condition should be regarded as a serious offence and subject to severe penalties v. all operating firearms which are owned by the collector under separate licensing arrangements should be subject to the same level of regulation as any other operating firearm vi. for the purposes of the collection of Category H firearms, genuine historical collectors must 1 be a member of a state or territory accredited historical firearm collectors society 2 have their licence application endorsed by an accredited historical firearms collectors society 3 comply with strict storage requirements 4 display a commitment as a student of arms in order to collect or retain post-1946 handguns. 38. Grounds for licence refusal or cancellation and seizure of firearms (a) Jurisdictions agree to set out in legislation the circumstances in which licence applications (including renewals) are to be refused, licences are to be cancelled, or firearms are to be seized. The following minimum standards must apply: i. general reasons – not of good character, conviction for an offence involving violence within the past five years, unsafe storage, contravention of firearms law, where it can be shown that the loss or theft of a firearm was due to negligence or fraud on the part of the licensee, no longer has a genuine reason, not in public interest due to (defined) circumstances, not notifying of change of address, or licence obtained by deception ii. specific reasons – where applicant/licence holder has been the subject of an Apprehended Violence Order, Domestic Violence Order, restraining order or conviction for assault with a weapon/aggravated assault within the past five years iii. mental or physical fitness – reliable evidence of a mental or physical condition which would render the applicant unsuitable for acquiring, possessing or using a firearm. (b) In regard to 38(a)(iii), a balance is to be struck between the rights of the individual to privacy and fair treatment, and the responsibility of authoritieson behalf of the communityto prevent danger to the individual and the wider community. (c) Jurisdictions may impose appropriate penalties, in addition to licence cancellation or seizure of firearms, for failure to comply with security and storage conditions. NATIONAL FIREARMS AGREEMENT 10 of 14 (d) Jurisdictions will establish an appeal process for refusal of a licence application or cancellation of a licence. (e) Specifically in relation to the cancellation of Category H licences, jurisdictions agree: i. to introduce or maintain laws allowing the Commissioner of Police to refuse and revoke handgun licences and applications on the basis of criminal intelligence or any other relevant information with consideration to appropriate safeguards including expert advice ii. that members of approved shooting clubs be required to attend a minimum number of shooting events offered by the club, and that failure to meet the minimum participation level will make a person liable to have their licence revoked iii. that sporting shooters meet minimum participation rates annually, specifically that a sports shooter must participate in a minimum number of six club organised competitive shooting matches, and for each different type of handgun owned for different events the sporting shooter must undertake at least four club organised shoots iv. that clubs must notify licensing authorities of concerns about club members’ suitability to hold a licence, and indemnify clubs for providing such information to licensing authorities about the suitability of club members to hold a licence. In particular, jurisdictions will 1 require sporting shooting clubs to report to police their concerns that a person may pose a danger if in possession of a handgun 2 require sporting shooting clubs to notify police of a member’s expulsion and the reasons for expulsion 3 indemnify sporting shooting clubs from civil or legal liability if they notify police in good faith of matters identified in paragraphs 38(e)(iv)(1) and 38(e)(iv)(2) 4 require sporting shooting clubs to ensure that a person whose licence has been revoked or suspended does not use a handgun at the sporting club v. to support the operation of the fit and proper person test throughout the life of the licence allowing for the licensing authorities’ revocation of a person’s licence and seizure of handguns on grounds of not being a fit and proper person at any time vi. to require suspension/cancellation of licences and seizure of firearms immediately upon the issue of an Apprehended Violence Order or Domestic Violence Order to a firearm licence holder. 39. Medical authorities reporting model (a) Jurisdictions agree that reporting provisions for medical authorities be improved or maintained by indemnifying medical authorities from civil or criminal liability for reporting in good faith to police their concerns that a person may pose a danger if in possession of a firearm or applying for a firearm licence. This is providing that ‘medical authorities’ include medical practitioners, nurses, social workers, psychiatrists, psychologists and professional counsellors. NATIONAL FIREARMS AGREEMENT 11 of 14 40. Mutual recognition (a) Jurisdictions will recognise visiting licensees for the following firearms and purposes: i. Category A and B – sporting, recreational hunting and any other lawful purpose ii. Category C – sporting and any other lawful purpose iii. Category H – sporting and any other lawful purpose (b) Category D and other categories of firearms not listed in this Agreement are not subject to mutual recognition provisions. (c) Where an individual is moving permanently to a new jurisdiction, that jurisdiction will recognise: i. for a period no more than three months, a Category A or B licence issued in another jurisdiction ii. for a period no more than seven days, a Category C, D or H licence issued in another jurisdiction. PERMIT TO ACQUIRE 41. Jurisdictions agree that a separate permit is required for the acquisition of every firearm. 42. Jurisdictions agree that each applicant must establish, to the satisfaction of the licensing authority, that they have a genuine need for acquiring, possessing or using the firearm of the nominated type (excluding Category A firearms). 43. Jurisdictions agree that the issuing of a permit must be subject to a waiting period of at least 28 days to enable appropriate checks to be made on licensees in order to ascertain whether circumstances have occurred since the issuing of the original licence which would render the licensee unsuitable to possess the firearm or which would render the licensee ineligible for that type of firearm. STORAGE 44. Jurisdictions agree that firearms and ammunition must be stored in secure conditions as follows: (a) it must be a precondition to the issuing of a new firearms licence (and on each renewal of licence in respect of existing licence holders) that the licensing authority be satisfied as to the proposed storage and security arrangements (b) legislation must have the effect of making failure to store firearms in the manner required an offence as well as a matter that will lead to the cancellation of the licence and the confiscation of all firearms (c) clear and specific measures must be indicated in legislation for the storage of firearms so that those who possess firearms know their obligations. The following minimum basic standards must apply: i. Licence Category A and B – storage in a locked receptacle constructed of either hard wood or steel with a thickness to ensure it is not easily penetrable. If the weight is less than 150 kilograms, the receptacle shall be fixed to the frame of the floor or wall so as to prevent easy removal. The locks fitted to these receptacles must be of sturdy construction NATIONAL FIREARMS AGREEMENT 12 of 14 ii. Licence Category C, D and H – storage in a locked, steel safe with a thickness to ensure it is not easily penetrable, bolted to the structure of a building iii. all ammunition must be stored in locked containers separate from any firearms (d) should individuals possessing a firearm wish to store firearms through measures other than those indicated in legislation, they must have the burden of persuading the firearms regulatory authority that they can provide the level of security not less than that required by the relevant approved practices (e) in order to provide for the safekeeping of firearms when they are temporarily away from their usual place of storage, legislation must include a statement that the holder of the licence "must take reasonable care to ensure that the firearm is not lost or stolen and must take reasonable care to ensure that the firearm does not fall into the hands of an unauthorised person" (f) the firearms safety bookletwhich is to be distributed to all new licence applicants prior to attending a course of instructionmust also feature clear and precise information on the obligations of firearms storage (g) security at gun dealer premises must require the dealer meeting such additional requirements as the firearms regulatory authority deems appropriate having regard to the type of activity of the dealer (h) where approval has been given for the possession or use of a firearm for a limited purpose, such as film production, the person authorised must meet such requirements as the firearms regulatory authority deems appropriate having regard to the type of activity for which possession has been authorised. 45. Jurisdictions should consider imposing greater storage requirements where multiple firearms are kept on the same property. 46. Jurisdictions agree to periodically consider the adequacy of their educational literature on storage to ensure that it emphasises the risk of firearms theft and the legislated requirements for safe storage, and that it highlights compliance monitoring activities and the jurisdiction’s rigorous prosecution policy for non-compliance. 47. Jurisdictions must include a declaration in all licence/permit/renewal application forms which requires the applicant to state that they understand the firearm storage and security requirements as required by legislation. 48. Jurisdictions must have a strategic inspection and audit program for storage requirements. 49. Security industry storage (a) Jurisdictions agree that the following minimum storage requirements represent an appropriate standard for storage of firearms used in the security industry: i. up to five handguns 1 metal safe to be securely fastened to solid floor or wall by internal/hidden bolts and hidden within premises 2 individual disabling locks such as barrel or trigger locks to be fitted to the firearm when stored ii. six to fifteen handguns 1 safes to be a minimum weight of 150kg 2 safes to be secured to or within brick or concrete walls and floors NATIONAL FIREARMS AGREEMENT 13 of 14 3 premises to be fully intruder alarmed, monitored by a graded control room with back-to-base polling via a secure line (or, if unavailable due to remoteness, with radio or GSM backup) 4 panic switches/duress facility to be installed in the premises iii. over fifteen handguns 1 safes to be a minimum weight of 500kg, with dual key locks 2 safes to be secured to or within brick or concrete walls and floors 3 premises to be fully intruder alarmed, monitored by a graded control room with back-to-base polling via a secure line (or, if unavailable due to remoteness, with radio or GSM backup) 4 panic switches/duress facility to be installed in the premises 5 vaults, control rooms, safes, perimeter and internal premises to maintain 24-hour monitoring and recording by CCTV, which is secured and inaccessible. 50. Jurisdictions may adopt the above standards either by way of legislative requirement or by introducing the standards as guidelines which provide Police Commissioners with limited flexibility for special or unique circumstances. 51. There should be at least one annual inspection of firearms and firearms storage facilities used in the security industry. RECORDING OF SALES 52. All firearms sales are to be conducted only by or through a licenced firearms dealer. 53. Jurisdictions agree to the following principles to underpin firearms dealer recording of firearms transactions: (a) firearms dealers are obliged under penalty to ensure that purchasers are appropriately licenced for the firearm being purchased (b) firearms dealers are required to record and maintain details (type, make, calibre and serial number) of each weapon purchased or sold against the identity (name, address and licence number) of the seller or the purchaser (c) firearms dealers are required to provide records to the national register of firearms through the State or Territory licensing authority (d) police personnel investigating a crime or checking the compliance of licenced gun dealers with recording responsibilities should have the right to inspect the records of licenced gun dealers without the need to give notice to the licensee (e) jurisdictions may put in place alternate options for individuals living in remote locations where firearms dealers are not readily available (it may be possible, for instance, to authorise local police officers to certify sales/purchases in such circumstances). 54. Jurisdictions will legislate to allow the sale of ammunition only for those firearms for which the purchaser is licenced, and impose limits on the quantity of ammunition that may be purchased in a given period. 55. On the purchase of ammunition, the relevant licence must be produced. NATIONAL FIREARMS AGREEMENT 14 of 14 56. Jurisdictions should consider requiring dealers to provide their register of transactions to a relevant authority once that dealer’s licence is no longer valid. This should occur within an appropriate timeframe after the licence has become invalid. SALE AND TRANSPORT OF FIREARMS 57. Jurisdictions will introduce or maintain legislation to ensure that, within their own borders: (a) mail order arrangements (irrespective of how those orders were placed, for example via the telephone or internet) will apply strictly on a licenced firearm dealer to licenced firearm dealer basis (b) advertisement of firearms for sale i. be prohibited unless the sale is conducted by or through a licenced firearms dealer ii. list the licence number of the licensed firearms dealer and the owner selling the firearms, and include the serial number by which the firearms are registered (c) the movement of firearms covered by Licence Categories C, D and H must be in accordance with prescribed safety requirements (d) the commercial transport of ammunition with firearms is prohibited (e) packages containing firearms are able to be tracked (f) packages containing firearms must not be packaged or labelled in such a way as to expressly or otherwise indicate their contents. 58. Jurisdictions may put in place alternative options for individuals living in remote locations where firearms dealers are not readily available.

http://www.onenation.com.au/current_affairs/primary-producers-to-suffer-under-2017-national-firearms-agreement

https://www.lafo.com.au/national-firearms-agreement-drive-prices-punish-farmers/