Issue link: http://ssaansw.uberflip.com/i/223437
Legal Matters TIMING IS EVERYTHING Just like with shooting, when it comes to legal matters, timing can mean everything. I receive many enquiries from law abiding firearms owners who have become the subject of charges laid against them by the Police or had their firearms licence or permit revoked by the Firearms Registry. Unfortunately, many of these enquires have come after the person has already gone to court, perhaps without receiving legal advice and pleaded guilty, not realising the impact of that on their firearms licence. Similarly, where a person has received a Notice of Revocation of their firearms licence, they have not realised the time frame for filing an Internal Review request or Notice of Review in the Administrative Decisions Tribunal. At times, these enquiries with me have come months after the event. "... The result can mean a person is precluded from applying for a firearms licence for 10 years ... my message to all readers is….DON'T DELAY AND SEEK LEGAL ADVICE IMMEDIATELY THE PROBLEM ARISES!..." Generally with Local Court matters, a person has 28 days after the finalisation of their matter to lodge an appeal to the District Court either to maintain a plea of not guilty or against the severity of a sentence imposed. This is an automatic right of appeal should the person wish to exercise that right. If the appeal is not filed within 28 days, it can still be filed within 3 months; however the court has to be satisfied there were good reasons for not filing within the initial 28 days before they will give permission for the appeal to proceed. Again with Revocation Notices, a person has 28 days from the date of receipt of the decision to seek an Internal Review by the Firearms Registry and following an unsuccessful Internal Review a further 28 days to file a Notice of Review in the Tribunal. If the Internal Review request is not made within 28 days, the Firearms Registry can simply reject the request. Any application then to the Tribunal must satisfy there were reasonable grounds for the delay, otherwise the Tribunal will not grant permission for a review. In both scenarios, this leaves very few legal options, Sporting Shooters Association of Australia (NSW) Inc. if any, available to try and rectify the situation. The result of this can, in many cases, mean a person is precluded from applying for a firearms licence for 10 years. So my message to all readers is….DON'T DELAY AND SEEK LEGAL ADVICE IMMEDIATELY THE PROBLEM ARISES! In my next article I will provide practical examples of how a delay in the circumstances referred to above can impact on your firearms licence and what options, if any, have been available from a legal perspective. In the meantime, I wish all shooters and readers a very merry Christmas and a happy and peaceful New Year. 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. Attention: Branch Secretaries/Publicity Officers Editorial deadline for the January 2014 issue of the NSW Shooter is Friday December 20, 2013. Editor: Tim Horan 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 sponsored Australian team at Trans Tasman Championships. 9