Police change rules on transportation of guns and ammo
The Victoria Police have re-written the rules for transporting firearms and ammunition. No longer is it acceptable to:
- carry a gun in a gun case in the back of your car;
- put a case of shells on the floor behind your seat; or
- keep a packet of 22s in a coat pocket.
This blog explains how they are interpreting the law – and what you can do to stop these changes.
UPDATE: SINCE RELEASING THIS BLOG, VICTORIA POLICE HAVE AMENDED THE ADVICE THEY ARE PROVIDING. SEE COMMENTS IN RED BELOW.
What are the police doing?
Advice being issued by the LRD, which you can find on their website (click here), (which has been amended since our original post) is described as being done to clarify the requirements for shooters. It’s not. It’s unhelpful because it overstates what the legal requirements are.
However the real problem is that this information is how the police officer who pulls you over will decide whether or not to take your guns off you. We hope common sense will prevail and leave shooters who have nothing wrong alone.
What is the law?
Section 126 of the Firearms Act 1996 is pretty straight forward. It states that a person carrying or using a firearm (or ammo) must ensure they are carried or used “in a manner that is secure and is not dangerous” and take reasonable precautions to ensure they are not lost or stolen.
That’s it.
It says nothing about gloveboxes, lockable components of your vehicle or storing ammo separate from your firearm (as it is with storage). Yet these are the things the police will insist on.
What is their advice?
Some of the preamble in their advice (below) is correct in suggesting licence holders should consider factors which affect the carriage of your firearms and the need to apply common sense. No-one could argue with that.
However that’s where the language changes. It usesd the words “are to be” and “is to be” which suggestsed their advice sets out minimum requirements.
It states the advice is “a guide only” – but earlier states that following the guidelines could still result in the laying of criminal charges. Below is the original advice provided with the main amendments in red:
Safekeeping of firearms when being transported in vehicles
The information below has been developed to provide firearm licence holders a guide on how firearms and ammunition should be transported in most circumstances.
While the guidelines are aimed at minimising risk, licence holder should consider all factors that may contribute to the firearms being transported in a manner that is not secure or in a way that presents a danger. Police will treat each individual case on its merits and there may be circumstances where the guidelines are followed but criminal charges are still justified. The advice has now been amended to link the justification to ‘aggravated circumstances’.
It is the responsibility of a firearms licence holder to ensure that the firearms do not become lost or stolen or come into the possession of an unauthorised person. In most circumstances firearms should be transported in the following manner:
- Firearms
are toshould be transported in a padded cover or hard case, unloaded and preferably rendered inoperable.
- While being transported, firearms and ammunition
are toshould be kept out of sight and stored in separate receptacles that are either secured to the inside of you [sic] vehicle or in a lockable component of your vehicle.
- Cartridge ammunition
is toshould be stored separately from the firearms in a part of the vehicle not readily accessible by an unauthorised person. A lockable glove box would suffice provided the key to the glove box is kept securely by the holder of the firearm licence and cannot be accessed by persons unauthorised to possess ammunition or firearms.
Licence holders should exercise a common sense approach to storage when transporting their firearms and be mindful of all of their obligations.
The advice above has been provided as a guide only and does not override storage requirements imposed by other regulatory frameworks. For example the storage requirements imposed under the Wildlife (Game) Regulations 2012 when hunting in a deer habitat.
The police use the word “stored” in their advice – however the notion of storage is not mentioned in s126.
“Storage” is dealt with under s121 which deals with the keeping of Cat A & B firearms and ammo at the place of registration (in accordance with Schedule 4 of the Act). Schedule 4 deals with 
In any case the majority of SUVs and 4x4s do not have ‘receptacles’ suitable for firearms. Those which do are normally (expensive) after-market fit-outs.
The boot of the family sedan is unlikely to suffice because it can be opened from within the car without a key. The police kindly contemplate putting ammo in the glovebox – but try putting a case of shells in a glovebox!
The amendments made by the police now include ‘speeding’ as a reason firearm security may be compromised. That’s right – if you’re caught doing 65 in a 60 zone, you’re speeding which means you might have compromised the security of your firearms.
Finally the police have not said why they have taken this position. They have not demonstrated what, if any, 
Our legal system
The Victoria Police need to respect our legal system. Acts and Regulations set out requirements which the judiciary may help interpret where it is necessary to do so.
The Victoria Police has an important job to do, but it does not extend to taking on the role of interpreting legislation. Sections 8 and 9 of the Victoria Police Act 2013 make it clear their job is to enforce the law, not make it up.
What should you do if you get charged?
Don’t argue with the police at the roadside. You’ll lose. Hopefully common sense will prevail and you will be given the benefit of the doubt. However if you do get charged, you should seek legal advice but you can also look at lodging an appeal to the Firearms Appeals Tribunal.
If you lodge an appeal, be careful if the police continue to communicate with you. Do not negotiate your rights away.
If you feel you are being asked to do this (and to withdraw your appeal), seek advice from your lawyer or your shooting organisation.
What can you do?
Even though the Victoria Police have updated their advice, we’re still unimpressed with the attitude they have expressed in it towards shooters.
Send an email to Police Minister Wade Noonan by clicking here, telling him:
- you’ve read the advice the police have published on the safekeeping of firearms when being transported in vehicles;
- the advice goes well beyond what is required under s126 of the Firearms Act 1996;
- you request that he have the police withdraw the guidelines pending review; and
- you request that he refers the matter to the Firearm Safety Foundation of Victoria for review and further advice.
.. and send a copy to your local MP!
…. and wait .. there’s more..
We’re not going to sit idle. We’re going to keep on lobbying, keeping our partner organisations informed and putting pressure on politicians from both sides to better understand where their votes come from.
We’re working towards reasserting our position at the next federal and state elections to stop things like this from happening again, and need your help. Follow us on Facebook or join our email list.