SSAA NSW

8 Sporting Shooters Association of Australia (NSW) Inc. Question: Our Branch have become aware in recent times of Police attending premises following the death of a shooter and demanding immediate access to their firearms and seizing them. In one example, a widow was further distressed by Police arriving at her home the morning after her husband's death, demanding immediate access to his safe and firearms. What should be done in circumstances where a licensed shooter dies? Answer: Section 82A of the Firearms Act 1996 is very clear as to how firearms can be disposed of following the death of a person who was authorised by a licence or permit to possess a firearm. It is a shame that a lot of Police Officers are not aware of this provision of the Act to avoid the circumstances to which you refer. In these circumstances, the executor or administrator of the deceased person's estate does not commit an offence under Section 7 or 7A of the Act of being an unlicensed person in possession of a firearm, if the executor or administrator retains possession of the firearm for the purposes of disposing of it lawfully. The executor must notify the Commissioner of Police (Firearms Registry) of the death of the person who possessed the firearm as soon as practicable after the person's death; and while retaining possession of the firearm, comply with the same requirements as to safe keeping that would apply to a licensed person. The provisions of the Section cease to have effect in regards to the executor or administrator once the firearm is lawfully disposed of, or at the end of the period of 6 months immediately following the death of the person, whichever occurs first. So, in simple terms, the executor or administrator of the deceased person's estate has 6 months from the time of the person's death to lawfully dispose of the firearm/s and does not commit an offence if that executor or administrator is not licensed. This is based on the premise that the executor/administrator is unlicensed. Naturally, if the executor/administrator is licensed, they must still comply with the Act insofar as lawfully disposing of the deceased's firearm/s. I would suggest that if the executor or administrator of the estate does not live at the same premises as where the deceased person's firearms are kept, they should advise the Firearms Registry of this at the time of notifying of the person's death and that they are holding possession of the deceased's firearms as executor/administrator at the deceased's premises. The executor/administrator should also be aware of the location of the keys and/or combination to the safe to enable access. 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. Photographs used in this publication are for illustration purposes only. They may be staged or file photos and may not necessarily reflect the actual conduct of shooting activities or matches. Attention: Branch Secretaries/Publicity Officers. Editorial deadline for the December 2017 issue of the NSW Shooter Quarterly Review is Friday 24 November 2017. Editor: Guy Pitchford 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: Photo from Huntfest 2017 held at Narooma, group photo of Branch delegates at the 2017 SSAA NSW AGM. Ask Stephen Legal Matters

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