Our look at the proposed NSW firearm regulations

The NSW government is proposing new firearms regulations which were recently put out for consultation.

While it was up to shooting organisations in that state to respond, we thought we’d go through it to show you what is being proposed. 

Importantly it shows our brethren are having up north are having a major problem with their bureaucracy.  It’s a culture which needs to change. 

The opportunity to comment on the proposed regulations passed on Monday however if you would still like to make your views known, feel free to email them to the NSW Minister for Police, Troy Grant MP, who can be contacted by email at: dubbo@parliament.nsw.gov.au

The proposed changes

Here are some of the changes they are proposing:

Clause 11 proposes the Commissioner of Police can deny the issue of a licence if you have contravened a provision of the Firearms Act or regulations (even if it is trivial) within the previous 10 years whether or not the person was prosecuted or convicted of the offence.  That not only significantly expands the ‘prohibited person’ concept, but removes the need for a finding of guilt.

Clause 13 makes a similar proposal for the issue of a permit.

Clause 17 requires shooters who receive a replacement licence or permit to return the original to a police station within 14 days.  In Victoria you can simply throw them out.

Clause 29 requires government employees who use firearms to have those firearms inspected by a ‘competent person’ every three months and serviced “at least once a year”.  Given that proper care of firearms is a basic competency of firearm ownership and you would hope they would know how to strip them down and reassemble them, these requirements seem excessive.  That’s fine, but guess who pays for it? Yep, you, the taxpayer.  Clause 91 has similar provisions for security companies – which is a cost which matters to small businesses, not to the government.

The same clause requires government employees to not only undertake normal firearm safety training, but annual “continuing firearm safety training courses as may be approved”.  Unless those employees are training to be SOGgies, I would suggest the need for annual continued safety training points to a different problem which the proposed regulations aren’t going to solve!

Clause 31 proposes minimum attendance requirements for Cat A and B target shooters of 4 matches and hunters of 2 club events. Clause 112 requires collectors to attend at least one meeting.   That’s what you call the thin edge of the wedge and why moving to Victoria is a good thing.

Now, get this – clause 38 is a clanger.  It proposes that collectors who have Cat D firearms must render them inoperable by:

Further the welds must be ‘substantial’, not spot.  In other words, any WW2 firearms which might happen to be category D, will need to be welded up to the point they become boat anchors.

Check out this video!

Clause 40 is also a ripper – it will prohibit storing firearms at a residential premise that is not your principle place of residence unless a person is there. It means if you have a holiday home with a safe, you can’t keep your firearms there.

Clause 58 will recognise interstate junior permits but only for ‘approved events’, which means target shooting. It means interstate juniors won’t be able to join their mums and dads on hunting trips.

Clause 60 is one which can’t be right. It authorises a person to get a permit from the Chief Commission to acquire a (non-prohibited) firearm from overseas before departure, but the permit is only valid for 7 days from issue.  So if you plan to buy that shiny new shottie from Italy, you’ll have to make a beeline to the factory then back to Oz!

Clause 84 is one of the provisions covering the storage of firearms by security firms. It says that if the firm has up to 5 firearms, it will need an alarm for the safe and one for the premises – in other words, two separate alarms.

Clause 96 requires air rifles and air pistols used on mobile ranges to be tethered to the range.

Clause 97 provides for unlicensed individuals to shoot at ranges under supervision, however in addition to requiring the recording of the licence number of the person supervising, clause 129 requires the recording of the name, address and DOB of the person under instruction.  In addition, clause 129 which requires a declaration of the person in the following terms:

(a) Have you, in New South Wales or elsewhere:

(i) been refused or prohibited from holding a firearms licence or permit or had a firearms licence or permit suspended, cancelled or revoked?
(ii) been the subject of a firearms prohibition order?
(iii) within the last 10 years, been convicted of an offence involving firearms, weapons, prohibited drugs, robbery, violence or terrorism?
(iv) within the last 10 years, been convicted of an offence of a sexual nature?
(v) within the last 10 years, been the subject of a family law or domestic violence order or an apprehended violence order (other than an order that was revoked)?

(b) Have you ever attempted suicide or self harm?

(c) Have you in the past 12 months been treated for referred for treatment for alcoholism, drug dependence, or a mental illness within the meaning of the Mental Health Act 2007or as a mentally disordered person within the meaning of that Act?

(d) Are you currently, in New South Wales or elsewhere:

(i) subject to a good behaviour bond?
(ii) subject to an interim apprehended violence order?
(iii) suffering from any mental illness or other disorder that may prevent you from using a firearm safely?

Clause 103 proposes new conditions for approved clubs including a requirement to provide not only annual returns, but monthly reports where there are changes in membership or changes in the personal details of any member notified to the club’s secretary.

Clause 104 requires pistol club applicants to have 2 referees. It also requires that any cancellation or suspension of membership be notified to the Chief Commissioner within 7 days.

Clause 115 sets out an extensive range of fees, including an ‘initial application fee’ for any cat A, B, C, D or H licence of $100 for a 2 year licence, or $200 for a five year licence.

Don’t cop it

If you are in NSW, let your Police Minister, Troy Grant, know that these regulations are not on and should not be made.  You can email him at dubbo@parliament.nsw.gov.au

The approach in Victoria

For those of you in Victoria, our own regulations are up for review right now (they expire next April).

Fortunately the process being used is different.  The CFCV has been able to convince an obscure regulator called the Office of the Commissioner for Better Regulation of the need to ensure the shooting community is consulted well before regulations reach the drafting stage. We did this to make sure paranoiac bureaucrats didn’t get the jump on us.

The recommendation we made to the OCBR was to seek early consultation through the Victorian Firearms Consultative Committee, which is now happening.

While we aren’t part of the FCC by choice, we’re fairly confident we’ve been able to prevent what happened in SA and NSW, happening here.

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