The Royal Australian and New Zealand College of Psychiatrists statement
Firearm Legislation in Australia
October 1999
Position Statement #25
1. Following a series of highly publicised mass homicides in both Australia and New Zealand over the last decade, firearms have come to the forefront of public debate. It is appropriate that psychiatrists be aware of issues relevant to this debate and that the College states its position.
2. According to the Australian Bureau of Statistics, 1994, there were 420 suicides in Australia that were committed by firearms and explosives, 76 homicides by firearms and explosives, with a further 20 accidents and 6 undetermined deaths by firearms. Explosives account for such a small proportion of deaths that it can be assumed these figures related primarily to firearms. Australian males and females have suicide rates by firearm approximately 10 times that of England and Wales, although less than the United States.
3. A survey of 587 firearm deaths over the period 1980-89 in and around Brisbane found 76 percent to be suicides. Of the 18 percent that were homicides, most were motivated by interpersonal distress/disturbance as opposed to crime. Hence the large majority of firearm deaths are of direct relevance to psychiatry.
4. Studies of suicide generally reveal that approximately 94 percent of such deaths are committed by people who are mentally ill. Contrary to public notion, rational suicide is a rare event. Prevention of suicide lies firmly in a psychiatrists's duty of care to his/her patients.
5. Both availability of a lethal means of suicide and its acceptability to the individual concerned are key factors in the selection of such a method. Public health approaches (planned or unplanned) of decreasing the availability of lethal, culturally accepted methods of suicide have resulted in an overall decline in suicide rates. This has been observed in the United Kingdom with the detoxification of domestic gas and in Australia following restrictions on the prescription of barbiturates. It has been estimated that there are 3.5 million guns of all types in Australia - approximately 1 gun to 4 people. More than one quarter of all Australian households possess a gun. The cultural acceptance of firearms in Australia has been shown by the strength of the response by those opposing firearm legislation. Measures to decrease the availability and social acceptance of firearms seem clearly indicated with respect to suicide.
6. Aside from suicide, firearms are the most commonly used weapons for homicide in Australia. Homicide is of relevance to psychiatrists firstly as consultants in social planning; secondly, bereaved families become predisposed to psychiatric disorders; thirdly, it must be remembered that many murderers are found to suffer from mental abnormality, especially personality disorder, intellectual retardation and schizophrenia. The use of firearms as opposed to other weapons for domestic homicides is proportionately greater than the use of firearms for crime motivated homicide.
7. Aggression, against the self or others, may be planned or unplanned. The impulsivity of much aggressive behaviour cannot be understated - the absence of lengthy deliberation usually reflects a lack of commitment to the aggressive act. Alcohol is often implicated. Cases have been brought to our attention where acutely disturbed persons have been able to purchase and take immediate delivery of firearms. A cooling off period (purchase now but collect later) of sufficient duration would allow time for impulsive or transient states of mind to settle and for basic checks of the purchaser's history and potential for violence to be conducted.
8. There have been a number of studies evaluating the Canadian experience of firearm legislation reform. Although not all studies agree, most evaluations of the Canadian experience point to a decrease in firearm deaths as a result of legislative changes. A recent evaluation of a four week cooling off period in Queensland suggests that suicide has declined particularly in the young city and provincial town dwellers.
9. The College is aware that firearms manufacturing and retailing is a huge industry. As with the tobacco industry, it is to be expected that the industry may attempt to counteract any moves likely to diminish sales of firearms.
10. The College recommends that a system of licensing be introduced which involves demonstration of suitability of the applicant for firearm ownership, a reasonable need for possession of a weapon and incorporates a suitable cooling off period. A central computerised register would facilitate checking the suitability of applicants. It also recommends that steps be taken to decrease the availability and numbers of firearms. Education regarding the appropriate use of firearms should be combined with greater social intolerance of their inappropriate use.
11. In
addition, the College broadly supports the following proposals put forward
by the Australian Institute of Criminology summarised below:
11.1 All states adopt uniform legislation.
11.2 Automatic weapons
should be banned. Semi-automatic weapons should not be available for ownership
except to certain professional shooters, for example, those responsible for
eradicating large feral animals. Where farmers have an occasional need for
such weapons they should apply to the police for hire of such weapons on temporary
basis under strict controls.
11.3 There be a
computerised national firearms registry, jointly maintained by the Federal,
State and Territory police forces. This would register persons having a current
licence and those for whom a prohibition order is current. Ownership of a
firearm be restricted to persons over the age of 18 in possessing a valid
licence. There be a "cooling off" period of at least 4 weeks between the time
an application is made and the granting of a licence. Some requirement of
training of firearms safety and maintenance exist for first time licence applicants.
11.4 Private sales
of firearms not be allowed. All sales be made through licensed gun dealers.
11.5 Customs officials
be prepared to counter the increased pressure to illegally import prohibited
weapons into Australia.
11.6 Sale of surplus
military weapons to the public be prohibited.
11.7 Guidelines
to ensure the safe handling and storage of firearms be drawn up.
11.8 Changes are
required in the media portrayal of gun use - particularly via television and
videos.
11.9 Mail order
firearms be prohibited.
11.10 Systems of
retrieving some of the existing pool of weapons be introduced.
11.11 Legal avenues
be pursued by relatives, organisations or governments on behalf of victims
of shootings where negligence has led to death or injury. Not only would this
improve compensation to some victims but it could promote responsible use
of weapons.
11.12 Stricter penalties
for inappropriate use of firearms be imposed.
12. The College does not support the psychological screening of all individuals applying for firearm licences. Because of the low base rate of firearm deaths compared with firearm ownership, screening would waste resources (psychiatrists). The College, however, does support psychiatrists being responsible for reporting to the police situations where patients are likely to behave dangerously in relation to firearms already in their possession.
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