Issue link: http://ssaansw.uberflip.com/i/147933
Legal Matters TRANSPORTING YOUR FIREARM Many people make enquiries with me regarding how they should transport their firearms; be it travelling to and from their shooting club or away on a hunting trip. There are different requirements depending on the category of firearm you possess. In NSW there are no specific legislative requirements for the transportation of category A and B firearms. However, all licence holders for these categories must comply with the general requirements found under Section 39 of the Firearms Act 1996. This Section states that the licence holder must take all reasonable precautions to ensure the firearm in their possession is safely kept; that it is not lost or stolen and that it does not come into the possession of a person who is not authorised by a licence or permit to possess or use it. The holder of licenses for category C, D and H firearms must also comply with the general requirement under Section 39, but have additional requirements under Clause 126 of the Firearms Regulation 2006. These firearms must by unloaded, with the ammunition kept in a locked container separate from the firearm. They must be rendered temporarily incapable of being fired, for example, by the removal of the bolt/firing mechanism or the use of a trigger lock or must be kept in a locked container that is properly secured to, or is within the vehicle. Readers should note that whilst there is only the general requirement under Section 39 of the Act for the transportation of category A and B firearms, the Commissioner of Police only considers "all reasonable precautions" have been met if those categories of firearms have been transported in the same way as category C, D and H firearms. The Commissioner is Sporting Shooters Association of Australia (NSW) Inc. also of the view that no firearm, including category A and B firearms, should be stored unattended in a vehicle unless they are stored in accordance with the category C, D and H requirements and no other safe storage is available. There are exemptions to the requirements as set out in Section 39 and Regulation 126 if during the course of the transportation there is a reasonable likelihood the firearm will be required to kill vermin or stock and the licence holder is a Primary Producer or the employee of a Primary Producer or is employed by the Department of Primary Industries, Department of Environment and Climate Change, the Livestock Health and Pest Authorities or the Wild Dog Destruction Board. It should also be noted that these conditions as set by the Commissioner regarding category A and B firearms are only guidelines and not the law and a court may have a different view if a licence holder can show their alternative arrangements are reasonable. However, as it is usually the Police with whom you will have first contact on this issue, if you can comply with the guidelines as set, you may save yourself a lot of time arguing the point with the Police and a potential day in court. Stephen Mainstone 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 is able to provide legal advice regarding all firearms and other Police related matters. Contact our office on (02) 9531 0322, email at info@mainstonelawyers.com.au or on our website www.mainstonelawyers.com.au 8