Roy Smith MLC tables NSW Firearms Amendment Bill

The Hon Roy Smith MLC
Parliament of New South Wales
Legislative Council
The Shooters’ Party

5 June 2008

I have tabled a bill in the Legislative Council today to amend the New South Wales Firearms Act and Regulations.
The amendments do not reduce public safety, but seek to remove anomalies to bring New South Wales more into line with procedures in other States allowing people to try sport shooting.
Sporting shooters and hunters are the most legislated, inspected and restricted citizens in New South Wales. Licensed firearm owners have to go through more scrutiny than anyone else to pursue their chosen sport. Our amendments are long overdue and sensible and reasonable people will understand why they are proposed.
Shooters Party members have been elected to represent the interests of sporting shooters in this State and we have moved these amendments in consultation with our constituents and the Police Ministry. Given the past record of the Greens, we do not expect them to support our proposed changes. However, we do expect support for what are sensible amendments from the Government, the Opposition and the Christian Democrats.
The most important changes, for law abiding firearms owners, are the removal of the 28-day waiting period for PTA’s for a second firearm; exemptions for antique firearms; and the streamlining of procedures allowing people to try sport shooting.

Background information on proposed amendments

Exemptions for antique firearms: The Bill exempts certain firearms manufactured prior to 1900 from the requirement to be registered, and allows for their possession without a licence or permit. The exemption applies to firearms that do not use metallic cartridges, including muzzle loading firearms, and those using obsolete metallic cartridges. This amendment extends an exemption and temporary amnesty currently found in the Regulations. The exempted firearms are all more than 108 years old. They are highly prized collectors’ items.
Appropriately, the exemption will only allow possession of such firearms. If a person wishes to risk damaging one of these antique firearms by actually firing it, they will need to first obtain the appropriate licence or permit, and register the firearm. Firearms held under this exemption will still be subject to the safekeeping requirements of the Act. This type of firearm is not attractive to criminals and most are likely to literally split open on firing in the hands of the ignorant, if loaded with modern smokeless gunpowder.

Shooting under supervision: Currently unlicensed persons can shoot at club open days and whilst participating in an approved firearms safety training course. The Bill extends the current exemptions to allow unlicensed persons to shoot under supervision at approved ranges during general club activities as well. They will only be able to shoot after making a written declaration to the effect that they have no offences or other matters that would make them ineligible for the issue of a licence or permit under the Act. They will only be able to shoot under supervision, and the person supervising must have a current firearms licence.
Unlicensed persons shooting under this section cannot take a firearm or ammunition home with them. They cannot purchase a firearm or ammunition.

Waiting periods: Currently a 28-day waiting period applies for the issue and renewal of all licences, permits and permissions to acquire a firearm. This was introduced to allow the police to conduct appropriate checks on the applicant. The Bill makes it clear that a waiting period is not applicable when renewing an existing licence or permit, and where a permit to acquire a firearm is sought by a person who already has a firearm of that type registered to them. This amendment makes sense as a waiting period is obviously not required where a person already owns or has access to a firearm. The Northern Territory, Victoria and Queensland do not impose a 28-day waiting period where the applicant already has a firearm registered in their name. Western Australia does not have a permit to acquire system, but a person cannot acquire a firearm within 28 days of obtaining their licence.

Access to Category C shotguns for certain target shooters: The Bill amends Section 17A of the Act to allow members of clubs affiliated with shooting bodies approved by the Commissioner of Police to apply for a special Category C licence authorising the person to use a self-loading or pump action shotgun in a recognised clay target shooting competition.
Currently only members of the Australian Clay Target Association or clubs affiliated with it may have access to Category C shotguns for competition purposes in New South Wales.
Western Australia, Victoria and Queensland have already extended this access to include people competing in shooting disciplines beyond those administered by the Australian Clay Target Association. There are no issues of public safety by introducing this amendment and no reason why this access should be restricted to the Australian Clay Target Association and its affiliates.

Provision for Penalty Notices: The Bill introduces the option of dealing with minor offences under the Act and Regulations by way of a penalty notice. Penalty notices will not be able to be issued for any indictable offences. The penalty notice will not disqualify a person from having firearms licence or permit unless they elect to contest the matter in court, and the court then finds them guilty of the offence.
Copies of the Bill are available on the NSW Parliament website under the drop-down list in the Bills/Current Session tab (Firearms Amendment Bill 2008).

Roy Smith, MLC
The Shooters Party