Issue link: http://ssaansw.uberflip.com/i/1224831
Ask Stephen Q&A Q. I have a question about firearms that are illegal in NSW but legal in Qld such as the Ruger precision rifle. While it is illegal for a NSW licence holder to own one of these, what happens if a Qld shooter visits NSW? Are they not allowed to bring them across the border? Where in the legislation would clarify this? A. Sections 7A and 7 of the Firearms Act 1996 is the starting point in answer to your question. Those sections prescribe that a person must not possess or use a rearm (in NSW) unless the person is authorised to do so by a licence or permit (s7A) or a pistol or prohibited rearm unless the person is authorised to do so by a licence or permit (s7). Section 26 of the Act allows the recognition of interstate licenses for certain purposes. It prescribes that a person who is a resident of another State or Territory and is the holder of the equivalent of a category A, B or H licence issued under the laws in force in that State or Territory is exempt from the requirement of section 7 or 7A of the Act to possess or use a rearm of a kind to which a corresponding category A, B or H licence issued in this State applies. So, in my view, if a person is the holder of Queensland rearms licence, that person can possess and use rearms in NSW, by recognition of their Queensland licence, which would be of the same type if that person was a licence holder in NSW. The critical wording in Section 26 is "…of a kind to which a corresponding category A, B or H licence issued in this State applies." If a Ruger precision rie is not a rearm to which a NSW category A, B or H licence allows a person to possess or use, then the Queensland licence would not be captured by the exemption pursuant to Section 26. The licensee would not be allowed to bring the rearm across the border as that rearm is illegal to possess or use in NSW without a licence or permit. There are further exemptions pursuant to Section 26 regarding the equivalent interstate category C licence, but only in regards to persons engaged in farming or grazing activities; persons who are professional contract shooters and persons participating in clay target are shooting competitions. The information contained in this article is general in nature and should not be considered legal advice. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers are able to provide legal advice regarding all rearms and other Police related matters. Contact our ofce on (02) 9531 0322, Email info@mainstonelawyers.com.au or on our website mainstonelawyers.com.au 28