Posted by: Wayne Robinson | November 6, 2010

More NSW Legislation Changes

The Firearms Legislation Amendment Bill (NSW) 2010 was tabled by the late Roy Smith (Shooters’ Party) some time back. NSW Labor obviously feel they need the support of the Shooters over the Greens next March as the bill passed with only minor amendments. The bill was assented on 4/11/2010, becoming the Firearms Legislation Amendment Act No 92 (NSW) 2010. The act commences on 4/2/2011.

There’s not a lot that would affect members – no need to register air guns, definition of “ammunition” does not include spent cartridges, reduce exclusion period following AVO from 10 to 5 years in line with other states, extending large bore pistol use at ranges to minor’s permit holders, shooting ranges don’t have to notify local Plod for every event.

I’ve picked the eyes out of the Explantory Memorandum below for items that may affect present or future potential members.

Schedule 1 [9] and [23] provide that a firearms licence or permit must not be issued, amongst others, to a person who has been subject to an apprehended violence order during the previous 5 years (at present the disqualifying period for an AVO is 10 years).

Schedule 1 [10], [11], [24] and [25] separate the existing mandatory and discretionary grounds for refusing the issue of a licence or permit so that from now on the Commissioner of Police will have a discretion (rather than be required) to refuse a licence or permit application on the ground that the applicant has been convicted of a disqualifying offence in the past 10 years or is the subject of a good behaviour bond. Schedule 1 [18] is a consequential amendment that makes it clear that the grounds for  revoking a licence include any reason for which the licensee may, or must, be refused a licence.

Schedule 1 [12] enables a licence applicant, in establishing the genuine reason of recreational hunting/vermin control, to produce proof of permission given by any public or local authority to shoot on that authority’s land (whether or not it is rural land). At present, permission to shoot may only be given by landowners and certain public authorities in relation to rural land. Schedule 1 [13] is a consequential amendment. Schedule 1 [15]–[17] make similar amendments in relation to the genuine reason of vertebrate pest animal control, with the result that the scope of that genuine reason is extended to the control of vertebrate pest animals by professional contract shooters on any land owned, occupied or managed by a public or local authority (and not just rural land). Schedule 1 [21] is a consequential amendment.

Schedule 1 [19] and [26] provide that the requirement for a person to surrender a firearm when the person’s licence or permit is suspended or revoked applies only after the person is directed by the Commissioner in writing to surrender the firearm. The amendments also extend the requirement to surrender a firearm when the relevant licence or permit otherwise ceases to be in force. Schedule 1 [20] is a consequential amendment.

Schedule 1 [27] enables a person who has applied for a licence or permit to also apply for a permit to acquire a firearm pending the issuing of the licence or permit authorising the person to possess the firearm. The amendment will enable the 28-day waiting periods for issuing a licence and for issuing a permit to acquire a firearm to occur concurrently.

Schedule 1 [31] extends, from 30 to 90 days, the period for which a permit to acquire is in force and Schedule 1 [32] enables that period to be automatically extended for a further 90-day period if the firearm to which the permit to acquire relates has not been acquired during the initial 90-day period.

Schedule 1 [33] provides that the 28-day waiting period for the issue of a permit to acquire a firearm of a particular kind does not apply if another firearm of that kind was registered in the applicant’s name at any time during the previous 5 years (at present the exemption from the waiting period only applies if the other firearm is registered in the applicant’s name at the time
the application for the permit is made).

Schedule 1 [2] makes it clear that the definition of ammunition does not, in the case of cartridges, include a spent cartridge (that is, a cartridge case must be fitted with a live primer and a projectile for it to be ammunition).

Schedule 1 [38] removes certain firearms (namely, certain longarms with a revolving ammunition cylinder) from the list of prohibited firearms so that they will be treated as ordinary firearms that are required to be registered.

Schedule 2 [11] removes the requirement for an advertisement for the sale of a firearm to include the name and address of the licensed dealer who is arranging the sale.

Schedule 3.2 amends the National Parks and Wildlife Regulation 2009:

(a) to provide that it is not an offence for a person to carry or possess a firearm on national park land if the firearm is not loaded and is being conveyed in a vehicle travelling on a road traversing that land and so long as the person is authorised under the Firearms Act to possess the firearm, and

(b) to provide for a similar exemption in relation to the possession of ammunition on national park land.

There’s a stack of other information in there, if you are interested go to the link at the top of this post, grab a strong black coffee and a sharp pencil for jabbing into your leg and start reading.

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