Issue link: http://ssaansw.uberflip.com/i/251089
Legal Matters TIMING IS EVERYTHING (PART 2) Just like with shooting, when it comes to legal matters, timing can mean everything. Readers will remember in my December 2013 article I spoke of the difficulties that can be encountered if legal matters are not dealt with in a timely manner. Here is a classic example of how not acting in a timely fashion can impact on your firearms licence. I was recently contacted by a licence holder who had been charged with 3 firearms offences some 2 years prior. He had gone to court and pleaded not guilty to each offence. His matters were heard by a Magistrate and he was found guilty of two offences and not guilty of one. He was convicted of the two offences for which he was found guilty, but decided not to exercise his automatic right of appeal to either continue his plea of not guilty or against the severity of having convictions recorded against him. A few months later he received a Revocation Notice for his firearms licenses. I made an Internal Review request on his behalf, but this was, as expected, unsuccessful due to the convictions against him. In the meantime his licenses expired, so he was unable to continue any appeal to the Administrative Decisions Tribunal. His time for lodging an appeal against the convictions had also expired. He could also not apply for new licenses as he was now prohibited for 10 years due to the convictions. The only option available was to write to the Attorney General who has the power to review the matter regarding his convictions and refer his matters back to the court to consider having the convictions quashed. There is no time limit on making such an application. If the application is successful, the original court can reconsider finding the offences proved but not recording convictions under Section 10. However, even if that were to occur, the discretion still lies with the Sporting Shooters Association of Australia (NSW) Inc. Commissioner of Police not to grant any future licence application. If the application to the Attorney General is unsuccessful, he is prohibited for applying for a firearms licence for 10 years from the date he was convicted in the court. The application to the Attorney General I made on his behalf is still being considered. So, as was my message in my December article, when you encounter a legal problem, GET LEGAL ADVICE AS SOON AS POSSIBLE! 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 March 2014 issue of the NSW Shooter is Wednesday 19 February 2014. 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: Araluen Valley submitted by Paul Taylor. 12