Issue link: http://ssaansw.uberflip.com/i/847291
12 Sporting Shooters Association of Australia (NSW) Inc. Legal Matters Question: What are the legal requirements if I want to travel with my firearm while riding my motor bike? Answer: If your firearm is a longarm there are no legislative requirements other than the general requirements of Section 39 of the Firearms Act 1996, which provide that you must take all reasonable precautions to ensure the firearm is kept safely, is not lost or stolen or does not come into the possession of a person who is not authorised by a licence or permit to possess or use it. I would suggest from a practical perspective, and for your own safety, keeping it safely would mean that the firearm is not loaded during your journey and the ammunition is kept separate from it. I am sure that if the police were to stop you in traffic and became aware you were in possession of a firearm, the first thing they would do would be to check if the firearm was loaded. In my view, the police would not be satisfied you had taken all reasonable precautions to ensure its safekeeping if it was loaded while you were travelling with it. You should also be mindful of Section 93G of the Crimes Act 1900 which makes it an offence to be in possession of a loaded firearm in a public place. If your firearm is a prohibited firearm or pistol, Section 57 of the Firearms Act 1996 and Regulation 126 of the Firearms Regulation 2006 provide that the firearm must not be loaded and any ammunition must be kept separate from it. It must also either be rendered temporarily incapable of being fired, for example, by removing the bolt or 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 used to transport the firearm. Whether you decide to render the firearm incapable of firing or keep it in a locked container secured to your motor bike is your choice. The legislation does not say you have to do both. The only thing you must do, whichever option you choose, is to ensure that the firearm is not loaded and the ammunition IS kept separate from it. 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 "Whether you decide to render the firearm incapable of firing or keep it in a locked container secured to your motor bike is your choice." Benchrest: Dave Billinghurst 0418 478 160 Big Game: Ben Doherty 0409 831 258 Colonial Action: Bob Conran 0419 423 161 Field Rifle & 3P: Gerald Watters 0414 526 621 Single Action: Dennis Jackson 0418 674 531 Pistol: Beau Griffith 02 4734 6734 Lever Action: Don Chesworth 02 6628 3979 Muzzleloading: Shayne Barnsley 0418 302 062 Rifle Silhouette: Tim Barry 0419 405 696 Combined Services: Corey Garbutt 0427 634 543 Shotgun: Greg Allen 0409 444 955 Discipline Coordinator: Dave Billinghurst 0418 478 160 Discipline Chairmen