South Australia’s proposed amendments to firearm regulations
The Sunday Mail, Adelaide
15 March 1998
These proposals were described by SA Premier John Olsen as "merely a wish list of the firearms section of the Police."
Appendix A
DRAFTING INSTRUCTIONS
This paper contains the drafting instructions for the amendments to the Regulations under the Firearms Act 1977 as varied by Nos 208 and 209 of 1996 ("the Regulations").
Regulation 4
Proposed amendment
That the definition of "active member" as contained in regulation 4 be amended
to enable persons in remote locations to be considered to be an active member
of a firearms collectors club if the club certifies to the registrar that
the person was able to attend the requisite number of club meetings for a
genuine reason and is an active "bona fide" collector in the sense of having
a genuine collection of firearms and a genuine interest in the collection
and display of firearms which have significant commemorative, historical,
investment or other value.
In addition the definition of "active member" should be amended by deleting "in each calendar year" wherever it occurs and substituting "within the previous twelve months".
Reason
The current requirements for a person to be considered to be an active member
of a firearms collectors club include attendance at four or more meetings
of the club in each calendar year. This requirement is causing hardship for
persons living in remote areas without ready access to club venues.
It is considered appropriate to enable a person who has not been able to attend the requisite number of meetings to be considered to be an active member of a club if that club is prepared to certify that the inability of the person to attend meetings was genuine and that the person is a bona fide collector of firearms.
Due to the expiry dates of licences throughout the year, some persons and clubs have difficulty with using the calendar year. If a licence expires in January or February a calendar year is fine, but October, November or December causes problems. It is easier for the club, or applicant to ensure that each year prior to the expiry or anniversary of expiry of the licence that he or she knows that the appropriate number of shoots or attendances must be made.
Proposed amendment
That the definition of antique firearm contained in regulation 4 be clarified
such that it is clear that a firearm is an antique firearm if live rounds
of ammunition designed to be used in that particular firearm are no longer
commercially manufactured.
Reason
This issue was raised before the Legislative Review Committee on the Regulations
("the Review Committee"). The objection raised was that it was not clear whether
a firearm which otherwise fell within the definition would be excluded by
the fact that commercially manufactured ammunition could in fact be used in
the firearm even though the ammunition was not manufactured for use in the
particular firearm. For example, an antique .44-40 calibre firearm designed
to use old calibre black powder could fire ammunition currently being manufactured,
but it would be dangerous and would possibly damage the firearm which was
not designed for the power of modern smokeless powder.
Although the Review Committee concluded that it could not think of any better means of definition, it would appear that the above proposal would resolve the concern raised.
Regulation 8
Proposed amendment
That regulation
8(1)(j) be amended such that it excludes from the definition of "prescribed
firearms" home-made firearms which incorporate a barrel made by a person who
is not a licensed dealer in firearms but who has been granted approval in
writing by the Registrar of Firearms ("the Registrar") to make barrels.
Reason
This legislation was intended to prevent the manufacture and possession of
pipe guns and other home-made firearms.
Evidence was given before the Review Committee that some specialist firearms (especially muzzle-loading types) have the barrels made by artisans who are not licensed firearms dealers. Further evidence was given of such a firearm being used in international shooting competitions.
Because such persons are manufacturing only parts rather than a complete firearm, they are not required to have a dealers licence.
The Review Committee concluded that the Minister should investigate proposals to resolve this difficulty.
One suggestion put before the Review Committee was a separate licence to be created for bona-fide artisans making barrels for legitimate use by licensed persons. It is not considered that a licensing system is necessary for such persons as there appear to be very few and, provided that the Registrar is informed that they are producing parts which will be incorporated into a firearm and is satisfied that they are bona fide, firearms incorporating these parts should not fall within the definition of "prescribed firearms".
Regulation 9
Proposed amendment
That regulation
9 be deleted.
Reason
It has been proposed that the provisions of regulation 9 be included in the
Firearms Act, 1977,.
Regulation 12
Proposed amendment
That a new provision
be inserted into regulation 12 excluding Returned Soldiers League clubs, non-government
museums and historical trusts which otherwise qualify for a collectors licence
from the requirement to be active members of a recognised firearm club.
Reason
Unlike individual firearms collectors, it is clearly not appropriate to require
organisations such as private museums etc. to be actively involved in a recognised
firearms club.
Proposed amendment
That regulation 12(5) be amended to require family trusts which hold a collectors
licence to appoint a nominee responsible for satisfying this requirement.
Reason
Although it is not considered appropriate to require historical trusts to
comply with the requirement in regulation 12, at least one collector in this
State has set up a family trust as the owner of a large collection of firearms.
Where a trust has been set up in relation to a personal collection of firearms for financial advantage rather than, for example, having been set up by an organisation for historical reasons, it is considered appropriate that the person be required to attend club meetings, etc.
Regulation 15B
Proposed amendment
That regulation
15B(3) be amended to require records kept by an authorised officer of a recognised
firearms club to be retained by that authorised officer.
Reason
Currently regulation 15B(3) requires records kept by an authorised officer
to be kept at the relevant club's premises. Some club premises are not appropriate
places to store such records due to their isolation or their lack of security.
It is considered preferable to have the records kept personally by the authorised
officer.
Regulation 17
Proposed amendment
That regulation
17(2) be amended such that the power for the registrar to request a person
to participate in a firearms course or examination is available where a licence
holder with a licence endorsed with the purpose of use "such other purpose
as is approved by the registrar" (purpose of use 7) applies for a renewal
of such a licence.
Reason
The Registrar may only request a person applying for a renewal of a licence
to participate in a course or complete an examination in certain defined circumstances.
Currently a small number of persons have licences to use handguns endorsed with purpose of use 7 to enable those persons to, for example, protect large amounts of money which they may have on their person for business purposes. These licences were "carried over" from the former Pistol Licence Act, 1929 which was repealed when the Firearms Act 1977 came into operation on 1 January 1980.
Such persons are not trained security guards and would not have participated in any training for many years. Although such persons may not in the future be able to qualify for a firearms licence for this purpose (and current policy would preclude the granting of a new licence for this purpose), it is considered appropriate to require any person who can justify the retention of their licence to undertake an appropriate course or examination.
Regulation 19
Proposed amendment
That regulation
19(2) be amended by deleting "anniversary of the expiry date of the licence"
and substituting "anniversary of the granting or renewal of the licence".
Reason
All firearms licences expire on the last day of the month. It is more efficient
and economical for Firearms Section to produce letters advising licence holders
of the requirement of this regulation on a monthly basis. The date of the
granting or renewal of a licence can be any date.
Proposed amendment
That regulation 19(6) be amended to allow a class D firearm to be used by
primary producers in appropriate circumstances, to be possessed by valuers
and insurance assessors or to be possessed for the purposes of cinematic or
theatrical production.
Reason
It has been proposed that section 15A(4) of the Act be amended to enable primary
producers working pastoral land outside of the dog fence to be allowed to
utilise a class D firearm in certain circumstances.
It has also been proposed that section 15A(4) be amended to enable valuers and insurance assessors to possess class D firearms and to enable such firearms to be possessed for the purposes of cinematic or theatrical production.
Proposed amendment
That regulation 19(8)(c) be amended to enable a firearms collector to have
possession of ammunition capable of being used in a firearm in his/her collection,
provided that he/she has an ammunition permit authorising the purchase and
possession of that ammunition and provided he/she does not use the ammunition
to fire any of the collection firearms.
Reason
Although it is not appropriate that a person who has possession of a firearm
in accordance with a collectors licence fires that firearm, many firearms
collectors also collect ammunition. Currently, a firearms collector is excluded
from collecting any ammunition capable of being used in a collection firearm.
Regulation 19A
Proposed amendment
That regulation
19A(2)(b)(ii) be amended to enable firearms dealers to exhibit up to 500 rounds
of identical ammunition.
Reason
The Antique and Historical Arms Society pointed out before the Review Committee
that boxes of ammunition may contain 100 or more rounds of ammunition. Many
members of this Society would wish to purchase ammunition in boxes and accordingly
it is considered appropriate to allow ammunition to be exhibited in whole
boxes.
Ammunition commonly purchased, such as that used in .22 calibre firearms, may also contain 100 rounds in a box.
Although the purpose of regulation 19A(2)(b)(ii) is to preclude the selling of ammunition at gun shows or elsewhere outside a dealer's premises, it is considered appropriate that an amendment be introduced which enables the display of complete boxes of ammunition.
Regulation 20
Proposed amendment
That a provision
be introduced into regulation 20 exempting from the requirement to be licensed
a person over the age of 14 who has possession of or uses a class A firearm
whilst participating in an organised event being held by the South Australian
Canine Association if that person is with and is under the supervision of
a person who holds a firearms licence for the purpose for which it is being
used.
Reason
The South Australian Canine Association uses firearms to fire blank cartridges
in the training of dogs. The Association has stated that it is unable to utilise
the exemption already provided in regulation 20(1)(d) because the person supervising
the use of the firearm, although licensed, may not have an appropriate firearm
registered in his/her name. Further, the exemption in regulation 20(1)(d)
applies only to persons over the age of 18 years, whereas a number of the
members of the Association are under this age.
Proposed amendment
That regulation 20(1) be amended such that the exemptions contained in regulation
20(1)(a), (b), and (d) apply only to a person using a class A, B or H firearm.
That regulation 20(1)(e) be limited in its application to a person using a class A, B, H, or C firearm, provided that if the firearm is a class C firearm it is being used for the purposes of clay target shooting in accordance with the rules of the Australian Clay Target Association Incorporated.
Reason
Currently, the exemptions contained in the above provisions would allow unlicensed
persons to possess and use a class C or D firearm. Considering the restrictions
placed on the possession and use of class C and D firearms it is not considered
appropriate that unlicensed persons should be allowed to possess and use firearms
of this classification.
It is accepted however, that persons may need to possess and use class C firearms for the purposes of clay target shooting on the grounds of an appropriate club in accordance with regulation 20(1)(da) or for the purposes of clay target shooting at facilities provided by the South Australian Sports Institute.
Regulation 20(1)(c) is not affected as an approved course or examination could involve class A, B, C, D or H firearms.
Regulation 22
Proposed amendment
That regulation
22 be amended so as to apply to licences granted to businesses which are not
companies and to entities such as family trusts.
Reason
It has been proposed
in an earlier submission that all businesses engaged in guarding property
be required to hold a licence in the name of the business, whether a company
or not.
Further, it has been proposed in the previous Cabinet Submission that a collectors licence be able to be granted in the name of a trust which has been set up to own a private collection of firearms.
Regulation 26
Proposed amendment
That regulation
26 be deleted.
Reason
It has been proposed
that the contents of regulation 26 be incorporated into section 15A of the
Act.
Regulation 29
Proposed amendment
That the heading
to Regulation 29 be amended to more accurately reflect the content of that
regulation.
Reason
Currently the heading
to regulation 29 is "Possession pursuant to a firearms licence". Regulation
29 governs the requirements as to storage of firearms. It is considered appropriate
to amend the heading to make this clear.
Regulation 30
Proposed amendment
That regulation
30 be amended to provide that a person who has possession of a prescribed
firearm must keep that firearm secured in accordance with the requirements
set out in regulation 29(2) unless conditions providing for the security of
that firearm have been included in a licence authorising possession of that
firearm, in which case the firearm must be secured in accordance with those
conditions.
Reason
Currently the requirements
as to security of prescribed firearms apply only to those persons who possess
such a firearm in accordance with a licence. Those requirements should also
apply to a person possessing a prescribed firearm without a licence (whether
that possession be lawful or unlawful).
Regulation 32
Proposed amendment
That regulation
32(1) be amended such that it does not apply to licensed firearms dealers
provided that, during periods when the dealer's premises are open to the public,
the public do not have access to the ammunition.
Reason
During times when
the dealer's premises are open to the public, a dealer would want ammunition
on display and accordingly it is not appropriate to require ammunition to
be stored in a locked container at these times.
Further, due to the large amount of ammunition which dealers keep on their premises, it is considered unduly onerous to expect them to transfer all ammunition to a locked container during periods when their premises are closed when dealer's premises are subject to stringent security requirements in any event.
Proposed amendment
That regulation
32(2) and (3) be deleted.
Reason
It has been proposed
that these provisions be removed from the Regulations and incorporated into
the Act.
Regulation 44
Proposed amendment
That regulation
44 be deleted.
Reason
It has been proposed
that these provisions be removed from the Regulations and incorporated into
the Act.
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