Issue link: http://ssaansw.uberflip.com/i/910291
Sporting Shooters Association of Australia (NSW) Inc. 7 Re-categorisation of Lever Action Shotguns. The Firearms Registry is communicating with all licence holders who own a lever action shotgun to provide details regarding the arrangements that will occur to accommodate each circumstance affected by the changes. Relevant licence holders are reminded that whilst their current firearms licence remains in force, you will continue to be authorised to possess and use your shotgun whilst the transitional arrangements are being finalised. For additional information regarding the updated National Firearms Agreement, please refer to the What's New items on the Firearms Registry website: On 1 September 2017, both the Firearms Regulation 2006 and the Weapons Prohibition Regulation 2009 were repealed and on the same day, updated Regulations, being the Firearms Regulation 2017 (Firearm Regulation) and the Weapons Prohibition Regulation 2017 (Weapon Regulation), commenced. The rewriting of these new laws has involved extensive targeted stake-holder consultation, as well as affording all members of the public the opportunity to comment via the public consultation process. The following is a summary of the key changes applicable to firearm/permit holders: Inspection of safe storage. Legislation reference: Clause 37 of the Firearm Regulation in conjunction with section 19(2) (c) of the Firearms Act 1996. A new offence has been inserted, which provides that a licensee must make all reasonable efforts to accommodate any reasonable request to enter into an arrangement regarding permitting the inspection of the licensee's firearm storage and safe keeping facilities. Currently the Act requires licence holders as part of the conditions of a licence to confer with Police to make arrangements at a time that is suitable to the licence holder for the safe storage and safe keeping facilities to be inspected. This offence has been introduced to accommodate where police have attempted on numerous occasions to make contact with the licence holder to arrange the inspection or the licence holder is avoiding police in an effort to prevent the storage location being inspected. Storage of firearms at residential premises. Legislation reference: Clause 38 of the Firearm Regulation. This new provision requires all licence holders to store their firearms at residential premises that are the principal place of residence of a person or a person is residing at the premises when the firearm is stored there (whether or not that person is the licensee). In addition, if the firearms are stored in a building or structure that is separate from the residential premises, that building or structure must be easily observed from the residential premises. This new requirement was introduced in response to increasing firearm theft from unattended rural residences and buildings or structures (i.e. sheds) located well away from the residence. This requirement took effect on the commencement of the Firearm Regulation (as of 1 September 2017). Accordingly, it is recommended that licensees familiarise themselves with the new requirements and ensure they are compliant. If the firearms are stored at other premises, that are not the licensee's principal place of residence, the same provisions will apply in regards to storage of the firearms, i.e. in a shed it must be visible to the residence. There is also the requirement that the licence holder does not allow access to the firearms to any resident whom is not appropriately licensed for that category of firearm. New approach to safe storage breaches where minor infractions no longer mean automatic seizure of firearms. There have been amendments to penalty notice offences, which includes the addition of certain safe storage offences (i.e. sec 39). In giving the police the ability to issue a penalty notice for a safe storage offence, this amendment provides an additional course of action to operational police in circumstances where a breach may be identified, but is minor in nature and the officer is satisfied that the breach will be rectified without delay. An example of this is where a minor/ technical breach has occurred as an isolated incident, and it is rectified whilst the officer is present, such as drilling an additional anchor point, the officer can use their discretion to issue a penalty notice and to allow the firearms to remain at the location, due to the failure having been rectified. Please be advised that we are endeavouring to update all available resources to reflect the legislation changes. However, given the significance of the amendments to multiple Acts and Regulations, there will be a transitional period applicable. Updates will be posted progressively on our website on the 'What's New and Events' page and all licence holders are encouraged to visit this site regularly to keep abreast of the changes that have been introduced. http://www.police.nsw.gov.au/online_services/firearms Bruce Lyons Director, NSW Firearms Registry NSW Police Firearms Registry