National Party of Victoria report of the Firearms Taskforce
by Don Kilgour
Taskforce Chairman
Member for Shepparton
9 December 1997
BACKGROUND
Following the Federal Government’s announcement that there would be an overhaul
of Australia’s firearms laws, Victoria implemented legislation in accordance
with the requirements of the National Firearms Agreement.
As a consequence, separate regulations pertaining to the legislation were introduced by each State. This resulted in anomalies between States and inconsistent laws across Australia. Soon after the regulations were introduced, Members of Parliament were receiving complaints from shooters and shooting organisations regarding the consequences (intended or otherwise) of the new laws.
To ensure that the National Party Parliamentary team had a full understanding of what problems were being experienced, National Party Leader, Hon Patrick McNamara established a review taskforce on 18 August 1997, to examine the implementation and operation of the new firearms legislation.
Mr McNamara appointed Member for Shepparton, Mr Don Kilgour to head the taskforce and conduct a series of meetings across the State to speak directly to firearm owners, shooting organisations and District Firearms Officers to ascertain:how effectively the new gun laws were working; and if there was a need to amend the regulations or legislation.
Mr Kilgour planned a series of visits to all National Party electorates and arranged meetings at local members’ offices and other meeting rooms in country towns. (refer to appendix A Schedule of Meetings).
The outcomes from the consultation were also intended for local members to gain a greater insight on the impact of the legislation on rural and regional communities.
Each local Member arranged appointments and participants were requested to present a written submission and speak to that submission. Local residents were offered the opportunity to tender submissions or speak personally with the firearms taskforce.
Local Members were also advised that the taskforce would provide an ideal opportunity for shooters and shooting organisations to present their views on the firearm legislation after a period of operation. The message conveyed by media release was that the taskforce was looking forward to meeting as many people as possible to hear their concerns to provide information to ensure that practical solutions are pursued in the best interest of rural communities.
The following report is the result of the information derived from those meetings for presentation to the Minister for Police and Emergency Services, Hon Bill McGrath.
SUMMARY OF TASKFORCE FINDINGS
A number of anomalies have been identified in the administration and interpretation
of the new Firearms Legislation. These include:
1. APPLICATION FORMS
The process of applying for a firearms licence is too exhaustive and not user-friendly.
In Victoria the application form is 14 pages compared to two pages in New
South Wales.
The personal information form, under Part 5 - Previous History, asks the applicant whether they have ever been “CHARGED” with any offence in Victoria or elsewhere and requires details of the charge. The question does not differentiate between the applicant being charged and being convicted of an offence.
Not all application forms contain the printed address of the firearms registry and the cost of the licence application. The requirement for a spouse to provide consent to a firearms licence application is obsessive and unnecessary.
Firearms instructors should also be recognised as suitable referees on the personal information form.
Obtaining a category C licence should be a sufficient reason for also having a category A and B licence rather than having to make a separate application.
As a means of improving customer service, the registry should send a receipt of licence application, provide an enquiry toll free telephone number and include a signature and contact number on all correspondence.
Recommendation
That the application form be overhauled to recognise the points raised above.
2. JUNIOR PERMITS
Junior shooters are unable to participate in the sport of shooting unless
they have already successfully undertaken the firearms safety course and obtained
a junior permit. This requirement severely restricts the shooting clubs from
promoting their sport and attracting junior shooters. A further problem with
the junior shooter is that there is a lack of reciprocal rights or uniformity
between States which is restricting the development of a national junior shooting
competition.
Upon reaching the age of 18, a junior shooter would not legally be able to use a firearm for the period between the expiration of their junior permit and the approval and subsequent issue of an adult licence, unless on an approved range and unless under the supervision of a licensed shooter.
It is absurd that a junior who passes a firearms licence test at between 12 and 14 years of age should again have to sit the test three years later. This same test would also have to be successfully completed when the applicant seeks to obtain an adult licence upon reaching the age of 18.
Recommendation
1. That junior shooters be treated the same as adults by allowing them to
try out the sport by shooting under supervision and instruction of a licensed
shooter.
2. That a junior permit once issued be valid for the entire period up until the person reaches 18 years of age.
3. COST OF LICENCES
The cost of obtaining a Victorian Firearms licence is excessive in comparison
to other States (Refer to appendix B attached). Many taskforce participants
made reference to the fact that the differing fee schedules among States also
contributed to the lack of uniformity of the national firearms agreement.
Recommendation
That the Minister proposes to the Australian Police Ministerial Council that
uniform licence fees for all States and Territories be established.
4. ISSUING OF LICENCES
In the event a shooter misplaces his or her licence, there is no provision
to have a duplicate licence re-issued. Under the current provisions the shooter
must undergo the process submitting a fresh application to use a firearm.
There is a substantial delay in the time taken for the firearms registry to issue notification on applications for licences, especially Category C applications. There are reports of applications taking three months to process and the outcome of many applications were not be determined before the end of the amnesty.
In some cases renewal notices for licence expiration are not being issued which has resulted in the firearm owner having to undergo the process submitting a fresh licence application to retain their firearm.
The system of a separate licence for each category of firearm means that many firearms owners have numerous licences.
The current provisions of the firearms legislation preclude pensioner discounts.
Recommendation
1. That a “drivers licence” type model be introduced which outlines each of
the licence categories on the one photo card.
2. That pensioner discounts on licences be introduced.
5. STORAGE OF FIREARMS
The framing of the regulations on the storage of firearms shows a lack of
understanding of how firearms collectors and shooters value their firearms
and in general have them securely locked and out of sight. The harsh regulations
have quite rightly upset many firearms collectors who are being unfairly treated
and are expected to comply with regulations which substantially alter the
structure of a person’s home and highlight the fact that firearms are stored
on the premises because of the requirement to place security bars on windows.
This also provides a dangerous situation in the event of a fire.
Further, there are discrepancies and excessive requirements with regard to safes and bolt down storage facilities. For example 450 kilogram safe can not be used to store a handgun whereas a 10 kilogram bolted down compartment is acceptable.
A person with a heirlooms firearms licence must lock their firearms in an approved storage facility even though a firearm may be rendered inoperable and is only kept for display purposes whereby the owner wishes to keep the heirloom on a wall rack or mantelpiece.
Under property lease agreements most tenants of rental properties are unable to comply with storage regulations which require alterations to the structure of the building to secure lockable safes.
In some cases a licensed firearms owner must carry his/her firearm in a motor vehicle between farming properties. If the person decides to make a deviation between the two properties then they are breaking the law.
In the event a firearms owner is camping whilst on a hunting excursion, then he/she will not be able to store the firearm overnight in accordance with the storage regulations.
Recommendation
That the excessive storage requirements be removed from the legislation.
6. HANDGUNS
The taskforce found the handgun groups to be very positive in their contribution
towards the compilation of the report.
A number of anomalies are present in the handguns legislation.
Firstly, the new regulations provides that only the club’s nominated person may keep and transport club guns. This means that unless the nominated person is present at the club on all occasions the club guns may not always be available for use.
Secondly, club guns may not be used by non-members of the club. Potential members and other groups such as school students or scouts even though they have available instruction can not use club guns to participate in the sport.
Thirdly, interstate persons moving to Victoria to reside on a permanent basis can apply to the Chief Commissioner for a handgun licence, but only for a seven day period. Most pistol clubs have a suitable waiting period for new members and without a current licence, prospective members are being denied membership.
Fourthly, people living in border regions who are members of a Victorian pistol club but reside over the border are not entitled to a Victorian handgun licence. This prevents them from practicing their sport and only allows them to participate on competition days.
Recommendation
That these excessive requirements be removed from the legislation.
7. SURRENDER OF FIREARMS
Under the regulations a person without a firearms licence can not surrender
a firearm in the case for example of a firearm belonging to a deceased estate
or a person who becomes a custodian of a firearm.
Recommendation
That an permanent amnesty be created for a person without a firearms licence
to be able to surrender firearms.
8. STORAGE OF FIREARMS ON SHOOTING RANGES
The onus of responsibility for storage of firearms at shooting events is causing
some concern among shooters. General practice has always seen the temporary
storage of firearms on specially designed racks between events. Provision
needs to be made for this practice to continue.
Recommendation
That provision be made for designated club officials to assume responsibility
for the temporary storage of firearms during the day’s events.
9. BORDER ANOMALIES
Victorian shooters and firearms dealers based in border regions are suffering
because of the lack of consistency between State firearms legislation. For
example, people from other States can not purchase firearms from Victoria,
and Victorian shooters are restricted from taking firearms over the border
to use as a tool of trade, to use for hunting purposes, or use in competition
shooting.
Recommendation
That the Minister arranges for a working party to be formed between States
to address border anomalies.
10. PERMIT TO ACQUIRE A FIREARM
A licensed owner of a registered firearm must wait 28 days after purchasing
a further firearm before they are entitled to take acquisition. The taskforce
found overwhelming support for a 28 day period to be imposed for the purchase
of a person’s first firearm, however there is no evidence to support the necessity
for a further waiting period if a licence firearm owner purchases a subsequent
firearm.
Recommendation
That the 28 day requirement only apply for the purchase of the first firearm
obtained.
11. AMMUNITION COLLECTORS
The regulations pertaining to ammunition collectors are excessive. In a number
of cases spent cartridges are kept which their respective firearm either do
not exist or are very limited.
Ammunition collectors are not permitted to trade or swap ammunition unless it is through a licensed firearms dealer, even if they are a licensed shooter. Further, under the Victorian legislation a person can obtain an explosives licence however is still prohibited from trading or swapping ammunition.
Members of the Australian Cartridges Collectors Association who also hold licences to keep and sell ammunition under the Explosives Act have been refused a permit to display ammunition at gun shows despite holding a cartridge collectors licence.
It is necessary that an extensive consultation process be undertaken so that fair and reasonable regulations can be considered.
Recommendation
That the regulations pertaining to collectors be reviewed to remove the excessive
licence requirements.
12. FIELD AND GAME
MEMBERS
The Victorian legislation discriminates against the Field and Game Association
in that membership of the Australian Clay Target Association is a legitimate
reason for owning a firearm, whereas Field and Game Association members are
not recognised.
Recommendation
That the Field Game Association be given the same status in the legislation
as the Australian Clay Target Association.
13. SHOOTING ON PRIVATE LAND
The new legislation discriminates against those shooters who have in the past
operated a shooting trap on their own property. Because the operation of traps
on private property in now prohibited a sporting shooter is also prevented
from practicing or “sighting in” a firearm unless this exercise is being performed
at a registered range.
Recommendation
1. That provision be made for private traps and practice shooting on land
other than a registered range.
2. That junior shooters be permitted to shoot under instruction on private land.
14. HEIRLOOM FIREARMS
Owners of genuine heirloom firearms are being forced to surrender guns where
they do not have a genuine reason for owning the firearm other than because
they possess a family heirloom.
A genuine reason for wanting to own a firearm should also include the desire to posses an heirloom.
In the case of Returned Services League clubs, military firearms rendered inoperable can not be used for display services.
Recommendation
1. That heirloom firearms, rendered inoperable, be permitted for display purposes.
2. That RSL clubs be exempt from licensing requirements under the legislation.
15. CLASSIFICATION OF FIREARMS
Muzzle loaded firearms are classified as Category B firearms, yet some guns
classified in Category A could be more quickly reloaded if used with the intention
of causing mass destruction.
There is no set definition of what no longer constitutes a firearm. Some firearms owners have “sectionalised” a firearm and are still required to have it registered.
Any manufacture of firearm parts, for example trigger assemblies requires the operator to obtain a firearms dealer licence.
Recommendation
1. That people involved in the production of individual parts for firearms
not be required to obtain a firearms dealer’s licence providing that production
does not include the assembly of the entire firearm.
2. That firearms licence application forms include a footnote detailing that pre-1900 firearms do not require the owner to obtain a licence.
3. That air-rifles used in amusement parlours not be subject to the requirements of a firearms dealers licence.
16. TRANSPORTATION OF FIREARMS
The regulations pertaining to the transportation of a firearm for the purpose
of repair are complex and impractical.
In the case of junior shooters travelling to a destination to compete in a shooting competition, only a licensed firearms owner is permitted to provide the transport. If the junior shooter’s mother for example is the only mode of transport and she does not hold a firearms licence, then alternative transport is required providing hardship for junior shooters and their families.
If a firearm is required to be sent for repair, the legislation requires the “carrier” to have a firearms licence. The current regulations cause extreme difficulty for rural people in the event that a firearm needs replacement parts as it often is sent hundreds of kilometres for repair.
Recommendation
1. That the regulations pertaining to transportation of firearms be reviewed
to take into account junior shooters being transported to organised competitions.
2. That firearms sent for repair be exempt from licence requirements providing the firearm is dismantled and adequately packaged.
17. CONTROL OF VERMIN
The new regulations are causing difficulty for many farmers in Northern Victoria
in their pursuit to control vermin, especially some species of birds. Orchardists
are having difficulty obtaining multiple category C firearms needed to effectively
deter vermin from destroying produce. Examples of which are Ian Keens’ almond
production at Nangiloc whereby at certain times of the year six shooters with
semi-automatic firearms are required.
Recommendation
That the firearms needs of orchardists and other farmers involved in widespread
vermin destruction be given special consideration.
18. DISTRICT FIREARMS
OFFICERS
The taskforce found that there was an excellent relationship between District
Firearms Officers and shooters. In the main the DFOs have been dedicated officers
who have gone beyond the call of duty during what has been an extremely difficult
time in responding to the many enquiries from shooters and shooting organisations.
The DFOs are at the coal-face and are in the best position to know how the new regulations are working and what problems are occurring and would provide a valuable input to the Minister’s review of the regulations.
Recommendation
1. That a meeting be convened between the Minister and DFOs (with no other
police present) to discuss the operation of the new firearms legislation.
19. APPROVAL OF LICENCES
The former legislation included the judgement of the DFO as to whether a person
was suitable to hold a firearms licence given in most cases their first-hand
knowledge of the applicant. Under the new legislation this input has been
removed.
Recommendation
That the respective DFO
be consulted and provide input on individual firearm licence applications.
20. SHOOTING ON CROWN
LAND
For many years people have been shooting vermin on crown land. This entitlement
has been removed under the new legislation. The taskforce found that the provisions
preventing shooting on crown land are a restriction on a person’s right to
participate in their chosen sport.
Recommendation
That the desire to shoot vermin on crown land constitute a genuine reason
for wanting to own a firearm.
21. DISCRIMINATION
AGAINST DISABLED SHOOTERS
There are cases of certifiable disabled people being denied licences to use
minimum recoil firearms which are classified as Category C.
Recommendation
That certified disabled shooters be given permission to use Category C firearms.
APPENDIX A
SCHEDULE OF MEETINGS 1997
The schedule for the consultative meetings was as follows:
Wed 20 August
1pm - 4pm Benalla - Patrick McNamara’s Office
Tues 26 August
9am - 12 noon Wodonga - Bill Baxter’s Office
2pm - 5pm Wangaratta - Ken Jasper’s Office
Thurs 28 August
2pm - 5pm Echuca - Noel Maughan’s Office
Wed 3 September
9am - 12 noon Swan Hill - Barry Steggall’s Office
3pm - 6pm Mildura - Barry Bishop’s Office
Tue 9 September
9am - 12 noon Horsham - Bill McGrath’s Office
2.30pm - 5.30pm Hamilton - Roger Hallam’s Office
Wed 10 September
9am - 12 noon Warrnambool - John McGrath’s Office
Mon 22 September
1pm - 4pm Bendigo - Ron Best’s Office
Thur 25 September
1pm - 4pm Shepparton - Jeanette Powell’s Office
Tues 21 October
9am - 12 noon Leongatha - Shire Office
2pm - 5pm Traralgon - Peter Hall’s Office
Wed 22 October
9am - 12 noon Sale - Peter Ryan’s Office
2pm - 5pm Bairnsdale - David Treasure’s Office
Thurs 23 October
9.30am - 10.30am Swifts Creek - local hotel
11.30am - 12 noon Omeo - Shire Office
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