The following notes were prepared by the SSAA to assist the barrister in a case where firearms were stolen from a locked car.
They will prove interesting reading to our members as we all at some points leave firearms in the car.
This case has at its origin the assertion by the police that the accused breached the requirements of the Firearms Act 1996 regarding the storage of firearms (Part 6, Cl.121, Schedule 4).
We content that this is not the case since the intent of the Act and the issuing of a firearms license requires the nomination of an address where the firearms are to be stored, this storage usually applies to the owner's place of residence, not any place in transit or visitation.
The Firearms Act 1996 refers to two other states of a firearm (Part 6 Cl. 121 and Part 7 Cl.126), these are "carriage" and "use".
Now it is suggested that "use", whilst not defined by the Act, is quite clearly pertaining to a firearm being on a firing range where it is actually being fired or pre or post firing, or being 'in the hand' for the purpose of field hunting or pet destruction or in any number of several states of field hunting readiness.
"carriage" of a firearm is defined, 'as the state of carriage as a whole of parts by one or more persons', but it is fair to say that it spans the state between "Storage" and "Use". Thus any time when the firearm is in transit, being carried in a conveyance or vehicle, or by an individual other than when the firearm is 'in use', the firearm is in a state of "carriage". We would contend that it was during the "carriage" phase that Mr. X's firearm was stolen. Mr X was travelling or in transit and staying with friends when the incident occurred.
We suggest that if Mr X. were to be charged with any misdemeanours then such a charge would relate to "carriage". We suggest that when a firearms owner is travelling or en-route he/she must be able to rely on the security of the vehicle as adequate. Again, during "carriage and use" the Act states that the firearm owner 'must take reasonable precautions to ensure the firearm is not lost or stolen' (Part 7, Cl. 126).
Now, by any yardstick a motor vehicle must be seen as secure (when locked and provided the firearm is not in view). If the owner has the key it could be reasonably argued that a motor vehicle, regardless of where or when it is located, actually meets the requirements of "storage" requirements of the Act, it being constructed of steel that is not easily penetrated and weighing more than 150 kilograms. It is also locked with a lock of sturdy construction and many are fitted with an effective alarm system.
When a firearms owner is travelling, the issue of overnight security can arise. The owner is not at his own place of residence, we consider the storage clause does not apply, and, most will prefer to leave their firearms in a locked vehicle. It is quite unsound to take the firearm into a private residence or a hotel/motel where there is no safe or other security, and/or the property owners may be unwilling to store the firearms, they may also not be licensed and children could have access to the firearms.
There is also the consideration that the state or Mr. X's firearm was 'carriage' not 'storage' and that in his travelling circumstances leaving the firearm in a locked vehicle provided the best security available. In Mr. X's friend's private residence, the firearm would not have been locked up and unlicensed persons and children could have had access.
We further submit Mr. X should not be charged, with any offence under the Firearms Act 1996.
C. F. Wood
3rd April 2013
SSAA Victoria
Att. Firearms Act extracts.
