Why the NSW Firearms Registry is wrong on firearm deposits
In the past few days, we received information about a new interpretation the NSW Police are applying to the NSW Firearm Act, which, if we’re not careful, could be applied elsewhere.
The short version is this: NSW police have threatened a gun dealer with supplying firearms to customers without permits to acquire, on the basis it took deposits from them. We’re also advised the dealer has been threatened with being charged for “every gun he has accepted a deposit for”.
As many of you will know, accepting a deposit for the sale of a good or service is an element of ‘contract law’. It means that a legal relationship to buy a product or service has been established, but doesn’t mean the good or service has, or even will, be supplied.
The Registry’s view is interesting, but wrong.
The NSW Firearms Act only prohibits a person from ‘acquiring’ a firearm without the relevant permit to acquire. “Acquire”, under the NSW Firearms Act, means “accept or receive supply of”.
The fact is, a firearm will only be “supplied” once the full amount has been handed over and PTA provided. To suggest it is supplied when a deposit is paid is reinterpreting what the Act says.
Our advice to the NSW Registry is that – if the story we’ve heard is true – it needs to get some independent legal advice.
In fact, we understand the Registry advised one chap who enquired about the policy with them, that the new interpretation is “being aimed at terrorist and black-market suppliers”.
However, that is not stated in the Act nor in any parliamentary documents or policy documents held by NSW Police. They’re making it up.
Guidance material on the NSW Police’s website titled “How to purchase a firearm” suggests that you only need a permit to acquire to “complete” the transaction.
We hope they’ll clarify their position soon.