Issue link: http://ssaansw.uberflip.com/i/763383
Sporting Shooters Association of Australia (NSW) Inc. 13 Ask Stephen Legal Matters Question: My wife and I are planning a caravan trip around Australia for an extended period of time. What are the transportation and safe storage requirements for our firearms? Answer: There are specific provisions for the transportation of prohibited firearms or pistols found at Section 57 of the Firearms Act (1996) and Clause 126 of the Firearms Regulation (2006) of the NSW legislation. The Regulation states that to comply with Section 57, the prohibited firearm or pistol, whilst being transported, must not be loaded and be kept separate from any ammunition. It must also be rendered temporarily incapable of being fired by removing the bolt or the firing mechanism or by using a restraining device such as a trigger lock or it must be kept in a locked container that is properly secured to or is within the vehicle being used to transport it. For firearms other than prohibited firearms or pistols, there is only the general provision contained in Section 39 of the Act which states that all reasonable precautions must be taken to ensure the firearm's safe keeping; that it is not lost or stolen; and, that it does not come in the possession of anyone who is not authorised to possess it. I can advise that the interpretation by the Police in this regard is that taking all reasonable precautions for these firearms means doing the same as is required for prohibited firearms or pistols. Question: If we comply with these requirements whilst we are driving, what happens when we stop for the night at, say, a caravan park or a motel? Answer: Whilst you are driving in your car or stopping somewhere for the night, you are still "travelling" and therefore, provided you comply with the requirements, you should not fall foul of the law. However, it may be a better idea if you are staying in a motel, that you bring your firearms into the room with you for the night as opposed to leaving them outside in your car or van. If the car or van was broken into during the night and your firearms stolen, the Police may not consider you have taken all reasonable precautions. There is no requirement under the NSW legislation, which is the legislation that NSW licence holders must comply, for you to have a gun safe mounted in your caravan. You also do not have to find a motel with a gun safe or take your firearms to the local Police Station for the Police to secure for the night. There is nothing stopping you from doing this, but it is not a requirement under the NSW Act or Regulations. Additionally, in an article published in the South Coast Register newspaper on 14 October 2016, the author, Senior Constable Anthony Jory stated that licence holders must ensure their firearms are safe if they leave them at home whilst away on holidays by either having a house sitter, placing them into the custody of a firearms dealer or giving them to a friend who is suitably licensed. This information given by the Senior Constable is simply wrong at law and not in accordance with the legislation that I have referred to. It is just another classic example of Police Officers not understanding the laws as they relate to firearms and making statements that cause unnecessary concern to licence holders. 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 Lawyer Stephen Mainstone answers your questions this issue regarding transportation and safe storage of firearms.