SSAA NSW

Sporting Shooters Association of Australia (NSW) Inc. 9 investigations of this nature. The investigation by the local Police was completed within 2 weeks of the incident, which, given the high workload of Police was, in my view completed effectively and efficiently. Where the problem arose was the length of time taken by the Firearms Registry in making a decision about the suspension of the property owner's licence and the imposition of the Special Condition on his wife's licence. I have already expressed my view regarding the Special Condition earlier in this article. The Firearms Registry were aware on 28 September 2017 that the local Police had completed their investigation and that no charges were being laid against the property owner. It took the Registry a further 3 weeks and 5 days to make the decision to lift the suspension. Given the property owner relied heavily on his ability to possess and use firearms as a primary producer, in my view the Registry took far too long to make what appeared to be a relatively simply one given the information they had been supplied. Had the property owner been charged, I expect the charge would have been that he used his firearm in contravention of Section 12 of the Firearms Act 1996, being that he did not use it in accordance with his genuine reason for his possession and use of it. The definition of "use" in the Act includes holding a firearm so that it gives a reasonable belief that it will be fired, whether it is capable of being fired or not. The property owner held the rifle by his side, did not point it at the man and did not make any threat that he would use it. It could be argued that he did not "use" the firearm as defined in the Act. However, that would be a matter of interpretation by a court. A more relevant defence, in my view would be that of self- defence as found in Section 418 of the Crimes Act 1900, which provides that a person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence. A person carries out conduct in self-defence if and only if the person believes the conduct is necessary to defend himself or herself or another person, or to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or to protect property from unlawful taking, destruction, damage or interference, or to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, and the conduct is a reasonable response in the circumstances as he or she perceives them. Readers should not view this article as encouraging the removal of firearms from their safe keeping in circumstances such as this property owner found himself, nor should it be seen that I am being critical of the actions he took. Each situation should be assessed on merits at the time and if alternative means to calm a situation are available, they should be considered. 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 March 2018 issue of the NSW Shooter Quarterly Review is Friday 2 February 2018. 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: Paul McNabb handing over the reins, the SSAA NSW team at Mudgee Small Farm Field Days, Diana Melham and Mitch Newbery with Senator Bridget McKenzie on the set of the ABC Q&A Program.

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