SSAA NSW

Legal Matters TO BOLT OR NOT TO BOLT I get many inquiries from licensed firearm owners about whether or not their gun safe needs to be bolted to the floor or wall of their premises. The confusion on this issue is understandable when on many occasions the Police, on performing a safety inspection, have told owners they are in breach of the Firearms Act because their safe is not bolted to the floor or wall of their premises when that information is incorrect. For Category A and B licence holders, Section 40(1)(b) of the Act clearly states; "if such a receptacle weighs less than 150 kilograms when empty, it must be fixed in order to prevent its easy removal." So, it is important that owners are aware of the weight of their gun safe when it is empty. If it weighs more than 150 kilograms it does not have to be bolted to the floor or wall of your premises. Of course if it weighs less, then owners should ensure it is appropriately bolted or secured in some other fashion. I would suggest owners have their safe properly weighed and a certificate issued of that weight. If the Police then advise an owner that their safe storage does not comply because the gun safe is not bolted to the floor or wall, the certificate indicating the weight can be shown and the Officer politely referred to Section 40(1)(b) of the Act. The same does not apply however, for Category C, D and H licence holders. Section 41(1)(b) of the Act states; "such a safe must be bolted to the structure of the premises where the firearm is authorised to be kept." The difficulty with this is it comes down to a matter of determination by the Police as to whether they are satisfied the alternative storage arrangements comply and if they do not, an owner may face a charge of breaching the Act and have to satisfy a Court that the alternative arrangements were sufficient. The simpler solution in my view is to be aware of the storage requirements of the Act relevant to your category of firearm and comply with them. 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 The NSW Shooter is published by the Sporting Shooters Association of Australia (NSW) Inc Disclaimer: Please note that the views expressed are not necessarily those of SSAA (NSW) Inc. It is clear in this instance that regardless of the weight of the safe, it must be bolted to the premises. Attention: Branch Secretaries/Publicity Officers Editorial deadline for the October 2013 issue of the NSW Shooter is Friday September 13, 2013. Owners should also be aware of Subsection (2) of both Section 40 and 41 which identically state; Editor: Tim Horan "A licensee does not have to comply with the requirements of this section if the licensee satisfies the Commissioner that the licensee has provided alternative arrangements for the storage of firearms in the licensee's possession that are of a standard not less than the requirements set out in this section." Sporting Shooters Association of Australia (NSW) Inc. Graphic Designer: Craig Rogers Post all correspondence and contributions to: Newsletter PO Box 1001 ST MARYS NSW 1790 or email nswshooter@nsw.ssaa.org.au Cover: SSAA NSW member Tracey Faith. 7

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