SSAA NSW

12 Sporting Shooters Association of Australia (NSW) Inc. Ask Stephen Question: What are some of the most common issues or offences you see coming up when people ask you to represent them? Answer: By far the most common issue relates to safe storage of firearms and ammunition, particularly in rural areas. The difficulty for firearms owners in the country is that the legislation and the Police don't differentiate between the city and the country. For country residents, it is, in my view, impractical where the issue of feral animals attacking stock for the firearms holder to have to go to their safe, unlock their firearm, unlock their ammunition, load the firearm, return to where the stock is being attacked (if its location is still known) and then take action to terminate the threat. However, the law and the Police take a black and white view on gun storage. If they attend to do an inspection and a firearm is, for example, "Behind the door in the shed because we've had aggressive wild dogs coming through here" the Police will deem that as a breach of the Act. The firearm (and any other firearm even if it is locked away) will be seized along with that person's licence, a notice of suspension issued and the person will be charged with not complying with their safe storage requirements. This should not be seen as a criticism of the Police as they are only enforcing the laws as made by the Parliament. In my view, it is the law that needs to be amended to provide for those types of situations that rural licence holders find themselves in from time to time. Question: When the Police did an inspection of my Category AB firearms recently, they told me my gun safe had to be bolted to the wall or floor of the house. Is this correct? Answer: If the safe is only storing Category AB firearms and weighs more than 150kgs when empty, the answer to that question is "No". Section 40 of the Firearms Act 1996 states that the safe only needs to be secured to prevent easy removal if it weighs less than 150kgs when empty. Unfortunately, there are a lot of Police Officers out there doing inspections who are not completely across the Firearms Act. Question: What is the purpose of the NSW Civil and Administrative Tribunal regarding firearms licensing? Answer: The Tribunal (commonly referred to as NCAT) is a statutory body formed to provide reviews of administrative decisions. It not only covers decisions made regarding firearms licensing, but includes things such as residential tenancy disputes, guardianship and applications for the release of government information to name but a few. Insofar as firearms licensing is concerned, it can review a decision of the Commissioner of Police (made by his delegates at the Firearms Registry) regarding a refusal to grant a licence or permit, conditions imposed on a licence or permit, the revocation of a licence or permit, a refusal to register a firearm, the cancellation of the registration of a firearm and the making of a firearms prohibition order against a person. It is a body independent from the Firearms Registry and has the power to affirm, set aside or amend a decision of the Commissioner of Police. It is not a court of law and is not bound by the rules of evidence so it can take into consideration any information it thinks relevant from both the Commissioner of Police and the person seeking the review in reaching its decision. 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 difficulty for firearms owners in the country is that the legislation and the Police don't differentiate between the city and the country..."

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