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When these matters proceed by way of CAN, they are difficult to defend due to the nature of the
legislation and are rarely dealt with leniency by a Magistrate.
In relation to safe storage of a firearm, we have had a number of recent matters with successful
results for the gun owners. However, such outcomes are rare, and the onus of proving mitigating
circumstances, good character and why they should be permitted to hold a licence (fit and
proper person) placed very heavy burden on the firearms owner.
It should be noted that, even after a successful court outcome, the police may apply to have
a firearms licence suspended on character grounds. We do not agree with this practice, as it
undermines the Court's power and discretion, however, that is a discussion for another time.
In safe storage matters, we frequently see otherwise responsible firearms holders caught
breaching the legislation due to complicity.
The reason these matters are taken so seriously by the police and courts is not necessarily
because they consider the firearms holder to be of "bad character", but that an unsecured
firearm is an invitation for a thief or other nefarious character to obtain the firearm for criminal
purposes. Even the smallest calibre firearm can wreak fear and havoc in the hands of somebody
with bad intentions.
Awareness, prevention and deterrence is the ultimate aim of the legislation.
The Firearms Act 1996 sets out the responsibilities of an owner in relation to the requirements
of safe storage. The different categories of licence require different levels of safe storage, which
generally runs parallel to the type of firearm, use and calibre.
In New South Wales, the law treats all firearms
offences extremely seriously.
Even a minor infringement or "genuine oversight"
can result in the loss of your licence and firearms.
Most breaches result in the police issuing a Court
Attendance Notice (CAN) requiring you to have to
attend court.
Safe storage
of a firearm
PATRICK SCHMIDT
CRIMINAL LAWYER, KELLS
