Issue link: http://ssaansw.uberflip.com/i/458473
Sporting Shooters Association of Australia (NSW) Inc. 5 Legal Matters Well, the simple answer to that question is… "Yes". Subtle changes to the Firearms Act and Regulation over the past few years now allow Police to turn up and make inspections of personal firearms and licenses whenever they like. Section 59 of the Act provides that a person who is carrying a firearm or possesses a firearm that is within the immediate vicinity of the person MUST, on the demand of a police officer, AT ANY TIME, produce for inspection by the police officer, the firearm and any licence or permit that authorises them to possess the firearm. Failure to comply with this section carries a maximum penalty of a fine of $2200.00 and/or imprisonment for 12 months. Whilst I believe the original intention of the Section was for situations where Police came across firearms holders who are out and about, such as hunters or primary producers, it is my view that the Police rely on this Section of the Act in turning up at a person's premises without notice to inspect their firearms, safe storage and licence. The reliance can be based on the wording "within the immediate vicinity" in circumstances where the licence holder stores his or her firearm/s at the residential premises. If the licence holder is home, then the firearm/s are naturally in their "immediate vicinity" at the time of the arrival of the Police. It is for this reason licence holders and firearms owners must be diligent with their safe storage. The only subtle difference applies to firearms dealers. Clause 40 of the Regulation provides that the Police may require a licensed firearms dealer to make all firearms that are in their possession available for inspection, AT ANY REASONABLE TIME, at the premises to which the licence relates. I would suggest "any reasonable time" would be during business hours of the dealership unless the dealer agrees to a time outside of those hours, however I would be interested to see if the Police see it the same way? Non-compliance with this Clause leaves the dealer open to a maximum penalty of a fine of $5500.00. Members should also be aware that should Police take action against them relevant to either Section 59 or Clause 40 and they are convicted of an offence by the court, it is likely the Firearms Registry will revoke their licence and a 10 year ban would be imposed upon them in getting their licence back. 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 NO APPOINTMENT NECESSARY In the "good old days" it was the case that the Police and firearms owners would make a mutually agreeable time for an inspection of their firearms and safe storage. I still get inquiries from members who state to me; "The Police just turned up to do an inspection and didn't call to make an appointment! Can they do that?" Have you looked at the SSAA NSW website lately? www.ssaansw.org.au Like our Facebook page and keep up with the latest: www.facebook.com/ssaansw