SSAA - Review of import regulations for firearms - emerging firearms technologies

Review of import regulations for firearms - emerging firearms technologies

Firearms Policy Unit
National Law Enforcement Branch
Criminal Justice Division
Attorney-General’s Department

20 June 2008

Background
The Customs (Prohibited Imports) Regulations 1956 (the Regulations) prohibit the importation of firearms and firearm parts and accessories unless those articles are articles for which a permission to import has been granted in accordance with Schedule 6 to the Regulations.
Controls on the importation of firearms are administered jointly by the Attorney-General’s Department and the Australian Customs Service in partnership with State and Territory police. Schedule 6 stipulates different levels of control over importation depending upon:

the nature or classification of the firearm (eg fully automatic, semi-automatic, centre-fire, handgun, shot capacity, calibre)
the intended use of the firearm (eg sport shooting, pest control), and
who will use the firearm (eg police, sports shooter, dealer, film armourer).

In doing so, the controls are designed to contribute to the safety of the Australian community by generally imposing higher level controls over firearms which have a higher rate of fire, shot capacity or calibre and thereby restricting access to a more limited range of persons or organisations. For instance, fully-automatic firearms are heavily restricted, as are semi-automatic rimfire rifles with a shot capacity over 10 rounds.
Domestic controls on firearms (ownership, possession, use, sale and transfer) are administered by State and Territory police. These controls contribute to community safety through appropriate restrictions on access to firearms and their possession and use.

Regulation of firearms importation and new firearms technologies
Consideration is being given to what import arrangements should be put in place to respond to new and emerging firearms technologies. These new types of technologies include manually operated firearms adapted or derived from automatic firearms, firearms with military appearance (some of which are also adapted or derived from automatic firearms) and firearms with ‘spring-assisted’ technology. Each new technology area is discussed further below.
It is proposed that firearms with the technologies outlined in this paper be classified at a higher level of control than standard manual firearms due to the design characteristics that may permit conversion to fully-automatic firing capability and a potential for a higher rate of fire than a manually operated firearm. It is also proposed that firearms with the appearance of a self loading or fully-automatic firearm used by a military or paramilitary force be classified at a higher level of control because there is no ‘genuine need’ to possess this type of firearm in a civilian setting.
This would mean that potential importers of these new technology firearms would need to satisfy one of the higher import tests under the Regulations.

New technology 1: firearms adapted from automatic firearms

Issue
A number of manual firearms have been observed in the market that appear to have once had an automatic firing capability (or are adapted from models with automatic firing capability), but no longer have automatic capability because some components have been removed or some modification made.
Because the modification has resulted in those firearms being manual in operation, they are technically classified to a lower level of control under the Regulations, which permits importation for a wider range of uses and by a wider range of individuals or organisations.
However, some of these firearms are capable of conversion into firearms with automatic or semiautomatic capabilities. This calls for further consideration of the risk to the community of manual firearms being easily converted to automatic capability after importation.
Examples of firearms identified in the international market that would fall into this category are the civilian version of the Vector Assault Rifle made in South Africa (the Vector) and the 7.62 calibre civilian version of the AK Cougar Rifle made in Romania (the Cougar). Under the Regulations, these firearms would be technically classified as manual firearms because they do not have the gas piston assembly present in the semi-automatic versions. However, with available parts, the Vector and the Cougar could be readily converted into automatic firearms.

Proposal
It is proposed to amend the Regulations to ensure that firearms that are a design adaptation, modification or conversion of a self-loading centre-fire rifle or a fully automatic firearm be treated in the same way as firearms with automatic firing capability. This would mean that importation would have to comply with the higher import tests that apply to semi-automatic or automatic firearms.
The proposed amendment would cover firearms that have been converted during the production process as well as firearms that have been modified post production.
Queensland, Western Australia, Victoria and the Northern Territory currently prohibit these types of firearms. Therefore, according to current arrangements, it would not be possible to import these types of firearms in those jurisdictions under the Police Authorisation Test (B709A). This would mean that importation of these firearms would require compliance with higher import tests, in particular, the official purposes test, the specified purposes test, or the returned goods test.

New technology 2: firearms of military type appearance

Issue
Firearms regulation in Australia makes a distinction between firearms with automatic capability, which are generally more highly controlled and firearms with manual capability, which are available to a wider range of users.
The Regulations currently provide that handguns, handgun replicas and paintball markers which resemble in appearance a machine gun/pistol, assault rifle, or firearm with fully automatic firing capability, are subject to higher import controls than the same type of articles which do not have that appearance. Additionally, nearly all States and Territories have legislated to restrict access to firearms which resemble fully automatic firearms.
Automatic firearms commonly used by modern military or paramilitary forces in combat or warfare settings, such as sub-machine guns, have an appearance that is neither necessary nor suited to a civilian usage setting. Some manual firearms are now entering the market, for sale to a broad range of users,
that have an appearance similar to automatic firearms used by modern military or paramilitary forces in a combat or warfare environment.
The need to be mindful of the image and perception of firearms in the community is already a key component of firearms legislation in Australia. For example, the Regulations already provide that where a firearm is imported for the purposes of film production it is not to be used in an advertisement, a music video or a type of film promoting music or a product.

Proposal
It is proposed to amend the Regulations to provide for higher controls for firearms that substantially duplicate in appearance a self-loading or fully automatic firearm used by a military or paramilitary force. This would mean that importation of these firearms would require compliance with higher import tests, in particular, the official purposes test, the specified purposes test, or the returned goods test.
The proposed changes to the Regulations are not intended to cover firearms that simply have a militaristic look. Rather, a comparison of the appearance of a firearm would be made with the appearance of particular self-loading or fully automatic firearms used by modern military or paramilitary forces.

New technology 3: spring-assisted firearms

Issue
As previously described, the Regulations separate firearms into two classification areas – manual and automatic, with automatic firearms subject to higher import controls than manual firearms.
Some firearms now entering the market blur the distinction between manual and automatic because they use the energy from a compressed spring to move forward a working part(s) in an otherwise manual firearm. The Heckler and Koch R8 is an example of a firearm which includes spring-assisted technology in that it uses the energy from a compressed spring to perform part of the action of the bolt.
Using the energy from a compressed spring in this manner is a common feature in assault rifles but it traditionally is not a feature present in manual firearms.
As spring-assisted firearms require less energy and intervention from the shooter to facilitate the cycle of fire, firing speed is increased. The length of time between projectiles is shortened where the shooter is not required to manually perform the part of the action performed automatically by the spring. The spring-assisted firearm can potentially fire more rounds in the same period of time than a traditional manual firearm. On this basis, consideration must be given to the increased risk of spring-assisted firearms to the general community.

Proposal
It is proposed to amend the Regulations to classify firearms that use the energy from a compressed spring to move the breech bolt or breech block, into a higher controlled category. This would mean that importation would have to comply with one of the higher import tests. The Police Authorisation Test would not be available for these types of firearms.
The proposed changes to the Regulations will restrict the importation of some firearms that are currently available overseas such as the Vector, the Cougar and the R8.