Do as I say, not as I do.

Ask your firearm legal questions here. Firearms licensing and permits, storage, shooters rights information.

Do as I say, not as I do.

Post by Windston » 22 Nov 2018, 12:13 pm

Hi guys,

So a pretty bizarre series of events have unfolded and I am going to try to explain what happened and how ridiculous it is.

A friend of mine has moved from NSW to QLD. He forgot to renew his license for QLD in the 3 month period :crazy: , so technically he isn't a license holder anymore until Weapons licensing processes his application.

Now, the NSW copper told him that while he waits for his license, he can store his firearms in my safe.
QLD cops told him that he in fact CANNOT store them in my safe. It has to be either a dealer, or police station. They were hounding him, calling him every few minutes to find out exactly where the guns were, and exactly how far away they were from my safe.

I get a call from my local cop shop asking if I have his guns, and if they are in my safe. They asked for my name and DOB, but no license number? They then said to sit tight as they had some paperwork to do, but they will be around to pick them up in a few days. Fair enough.

This all happened a month ago! I still have the guns locked up in my safe, but I haven't received any other contact from the cops regarding the firearms.

So I have a safe full of guns, perfectly stored with action locks and all, that the cops were meant to take a month ago. I'm hoping that they dont try anything funny, like pinning me for possession of unregistered firearms or something! :lol: :roll:

The rules are so bloody strict that even the cops have a hard time policing it! It is pretty hypocritical demand us to follow the rules to the letter, when they seem to struggle to themselves. As license holders, im nearly sure we wouldn't get a month worth of slack!

Anyway, time will tell.

Dan
Windston
Private
Private
 
Posts: 39
Queensland

Re: Do as I say, not as I do.

Post by bladeracer » 22 Nov 2018, 12:34 pm

Windston wrote:Hi guys,

So a pretty bizarre series of events have unfolded and I am going to try to explain what happened and how ridiculous it is.

A friend of mine has moved from NSW to QLD. He forgot to renew his license for QLD in the 3 month period :crazy: , so technically he isn't a license holder anymore until Weapons licensing processes his application.

Now, the NSW copper told him that while he waits for his license, he can store his firearms in my safe.
QLD cops told him that he in fact CANNOT store them in my safe. It has to be either a dealer, or police station. They were hounding him, calling him every few minutes to find out exactly where the guns were, and exactly how far away they were from my safe.

I get a call from my local cop shop asking if I have his guns, and if they are in my safe. They asked for my name and DOB, but no license number? They then said to sit tight as they had some paperwork to do, but they will be around to pick them up in a few days. Fair enough.

This all happened a month ago! I still have the guns locked up in my safe, but I haven't received any other contact from the cops regarding the firearms.

So I have a safe full of guns, perfectly stored with action locks and all, that the cops were meant to take a month ago. I'm hoping that they dont try anything funny, like pinning me for possession of unregistered firearms or something! :lol: :roll:

The rules are so bloody strict that even the cops have a hard time policing it! It is pretty hypocritical demand us to follow the rules to the letter, when they seem to struggle to themselves. As license holders, im nearly sure we wouldn't get a month worth of slack!

Anyway, time will tell.

Dan


Has he sorted out his licence at all during this period?
You could probably take them to your dealer and have them transferred to your licence, if your mate will pay for the PtA's to protect his firearms. At least you'll know that they're registered.
Practice Strict Gun Control - Precision Counts!
User avatar
bladeracer
Field Marshal
Field Marshal
 
Posts: 5029
Victoria

Re: Do as I say, not as I do.

Post by Windston » 22 Nov 2018, 12:42 pm

Yeh he submitted his license about 2 weeks ago. The dealer wanted about 10$/week to store them, and with 7 guns, that gets pretty pricey by the time that WLB gets the license processed and to him, so the cops were apparently going to hold them free of charge. The benefit of the cops holding them is that he also doesnt have to pay for the PTA to get them to me, and them back off me when he gets his license which would also be pretty pricey! We just didn't expect them to take so long to get them from me.
Windston
Private
Private
 
Posts: 39
Queensland

Re: Do as I say, not as I do.

Post by bladeracer » 22 Nov 2018, 1:18 pm

Windston wrote:Yeh he submitted his license about 2 weeks ago. The dealer wanted about 10$/week to store them, and with 7 guns, that gets pretty pricey by the time that WLB gets the license processed and to him, so the cops were apparently going to hold them free of charge. The benefit of the cops holding them is that he also doesnt have to pay for the PTA to get them to me, and them back off me when he gets his license which would also be pretty pricey! We just didn't expect them to take so long to get them from me.


The downside of the cops holding them is that they might disappear before you go to pick them up.
Practice Strict Gun Control - Precision Counts!
User avatar
bladeracer
Field Marshal
Field Marshal
 
Posts: 5029
Victoria

Re: Do as I say, not as I do.

Post by BangBangSkeetSkeet » 22 Nov 2018, 3:22 pm

bladeracer wrote:
The downside of the cops holding them is that they might disappear before you go to pick them up.


at the very least there's an even money chance they come back scratched or damaged in some way
My choice is what I choose to do, and if I'm causing no harm why should it bother you?
Your choice is who choose to be, and if you're causing no harm then you're alright with me
BangBangSkeetSkeet
Corporal
Corporal
 
Posts: 178
Queensland

Re: Do as I say, not as I do.

Post by Wombat » 22 Nov 2018, 6:12 pm

BangBangSkeetSkeet wrote:
bladeracer wrote:
The downside of the cops holding them is that they might disappear before you go to pick them up.


at the very least there's an even money chance they come back scratched or damaged in some way


I'd say odds on. Phar Lap type odds.
Wombat
Staff Sergeant
Staff Sergeant
 
Posts: 563
Victoria

Re: Do as I say, not as I do.

Post by zhuk » 22 Nov 2018, 6:49 pm

bladeracer wrote:
Windston wrote:Yeh he submitted his license about 2 weeks ago. The dealer wanted about 10$/week to store them, and with 7 guns, that gets pretty pricey by the time that WLB gets the license processed and to him, so the cops were apparently going to hold them free of charge. The benefit of the cops holding them is that he also doesnt have to pay for the PTA to get them to me, and them back off me when he gets his license which would also be pretty pricey! We just didn't expect them to take so long to get them from me.


The downside of the cops holding them is that they might disappear before you go to pick them up.


Or, a bit worse for wear.
zhuk
Corporal
Corporal
 
Posts: 114
New South Wales

Re: Do as I say, not as I do.

Post by Windston » 22 Nov 2018, 8:57 pm

So you blokes are saying that even if we give them to them in bags, they will still be rough with them? If thats the case its pretty disgusting. I dont think they would like it if I scratched their cars! Why are we treated like this?
Windston
Private
Private
 
Posts: 39
Queensland

Re: Do as I say, not as I do.

Post by RoginaJack » 22 Nov 2018, 9:16 pm

Could he give you a letter of authority to storing said firearms in you safe for cleaning purposes and adjusting the scope's calibrations etc...?
Boom, Boom! Tikka, Tikka, Boom! Shoot first, video later.
User avatar
RoginaJack
Lieutenant
Lieutenant
 
Posts: 1137
Queensland

Re: Do as I say, not as I do.

Post by Wombat » 22 Nov 2018, 10:35 pm

Windston wrote:So you blokes are saying that even if we give them to them in bags, they will still be rough with them? If thats the case its pretty disgusting. I dont think they would like it if I scratched their cars! Why are we treated like this?

It's not that it would be deliberate damage, just that they would not respect them the way you or the owner would. If they stayed in any bags you would get rust problems, but I'd bet they would be removed from whatever you put them in to check numbers anyway.
Ever seen how they transport stock from shops where the license has been suspended or cancelled? Hundreds of guns stacked like logs in the back of a truck........ :wtf:
Wombat
Staff Sergeant
Staff Sergeant
 
Posts: 563
Victoria

Re: Do as I say, not as I do.

Post by tom604 » 22 Nov 2018, 10:39 pm

if they do come to pick them up take photos of them as they take them so if they are scratched your mate can claim on insurance :thumbsup:
User avatar
tom604
Captain
Captain
 
Posts: 1267
South Australia

Re: Do as I say, not as I do.

Post by trekin » 23 Nov 2018, 3:00 am

Is his NSW licence still current?
Image Rifle stock and pistol grip reproduction.
"legally obligated to be a victim in this country"
User avatar
trekin
Staff Sergeant
Staff Sergeant
 
Posts: 541
Queensland

Re: Do as I say, not as I do.

Post by No1_49er » 23 Nov 2018, 10:42 am

Unfortunately, section 33 of the Queensland Weapons Act pretty much closes all the doors that might have been available 33(4).
OP says that 1) the 3 months has gone 33(3a), 2) he's already started the application process, 3) he didn't inform the Commissioner 33(1).
Only possible retreat, if his NSW Licence is still current, he move the firearms back to a safe (sorry for the pun) haven in NSW. However, the NSW Licence might, as a technicality, be revoked as he is now known to be a resident of Queensland.
Lots of possible twists and turns.
Proud member of "the powerful gun lobby" of Australia :)
No1_49er
Sergeant
Sergeant
 
Posts: 387
Queensland

Re: Do as I say, not as I do.

Post by Windston » 23 Nov 2018, 11:17 am

trekin wrote:Is his NSW licence still current?

Should be yeh. Does that change things?
Windston
Private
Private
 
Posts: 39
Queensland

Re: Do as I say, not as I do.

Post by No1_49er » 23 Nov 2018, 12:05 pm

Read, and interpret.
QLD Weapons Act, section 33.

33 Interstate residents moving to Queensland

(1) This section applies if a resident of another State who is the holder of a licence under the law of the other State authorising possession of a category A, B, C, D or H weapon or a category M crossbow gives written notice to the commissioner of the person’s intention to reside permanently in Queensland.
(2) The person’s licence is taken to be the corresponding licence under this Act in force for the period mentioned in subsection (3) or until the day the person’s application for a licence under this Act is approved or rejected, whichever is the earlier.
(3) The period is—
(a) for a licence authorising possession of a category A or B weapon or a category M crossbow—3 months; and
(b) for a licence authorising possession of a category C, D or H weapon—7 days.
(4) The period mentioned in subsection (3) starts on the day the person notifies the commissioner of the person’s intention to reside permanently in Queensland.
(5) If the holder of a licence authorising possession of a category C, D or H weapon notifies the commissioner and makes application for a licence under this Act within the time allowed under subsection (3)(b), the person does not contravene section 50 while the person’s application is being decided merely because the 7 day period has passed.
(6) In this section—
corresponding licence, to a licence held under the law of another State, means—
(a) a licence under this Act declared under a regulation to be a corresponding licence; or
(b) if no regulation is made under paragraph (a) or the regulation makes insufficient provision—a licence under this Act that most closely corresponds to the other licence.
Proud member of "the powerful gun lobby" of Australia :)
No1_49er
Sergeant
Sergeant
 
Posts: 387
Queensland

Re: Do as I say, not as I do.

Post by trekin » 23 Nov 2018, 12:37 pm

Windston wrote:
trekin wrote:Is his NSW licence still current?

Should be yeh. Does that change things?

It ould be why WLB have not collected the firearms yet. If his NSW licence is still current (and he should check with FAR that it still is), than he is still legally licenced and the firearms are still registered in NSW and can be stored in the safe of an appopratly licenced person. The 3 month period starts when he notifies the Commissioner i.e. when he makes application to change his licence from NSW to QLD, unless they can prove he took up perament residency earlier (when did he change drivers licence, address with AEC/QEC etc).
Image Rifle stock and pistol grip reproduction.
"legally obligated to be a victim in this country"
User avatar
trekin
Staff Sergeant
Staff Sergeant
 
Posts: 541
Queensland

Re: Do as I say, not as I do.

Post by trekin » 23 Nov 2018, 12:46 pm

No1_49er wrote:Unfortunately, section 33 of the Queensland Weapons Act pretty much closes all the doors that might have been available 33(4).
OP says that 1) the 3 months has gone 33(3a), 2) he's already started the application process, 3) he didn't inform the Commissioner 33(1).
Only possible retreat, if his NSW Licence is still current, he move the firearms back to a safe (sorry for the pun) haven in NSW. However, the NSW Licence might, as a technicality, be revoked as he is now known to be a resident of Queensland.
Lots of possible twists and turns.

"(4) The period mentioned in subsection (3) starts on the day the person notifies the commissioner of the person’s intention to reside permanently in Queensland." The 3 months start from when an application to change licence from an other State to QLD is made to WLB. Notifying the AO is notifying the Commissioner. They (WLB) would have to prove his intention to peranemtly reside here prior to that date.
Image Rifle stock and pistol grip reproduction.
"legally obligated to be a victim in this country"
User avatar
trekin
Staff Sergeant
Staff Sergeant
 
Posts: 541
Queensland

Re: Do as I say, not as I do.

Post by Windston » 23 Nov 2018, 1:04 pm

No1_49er wrote:Read, and interpret.
QLD Weapons Act, section 33.

33 Interstate residents moving to Queensland

(1) This section applies if a resident of another State who is the holder of a licence under the law of the other State authorising possession of a category A, B, C, D or H weapon or a category M crossbow gives written notice to the commissioner of the person’s intention to reside permanently in Queensland.
(2) The person’s licence is taken to be the corresponding licence under this Act in force for the period mentioned in subsection (3) or until the day the person’s application for a licence under this Act is approved or rejected, whichever is the earlier.
(3) The period is—
(a) for a licence authorising possession of a category A or B weapon or a category M crossbow—3 months; and
(b) for a licence authorising possession of a category C, D or H weapon—7 days.
(4) The period mentioned in subsection (3) starts on the day the person notifies the commissioner of the person’s intention to reside permanently in Queensland.
(5) If the holder of a licence authorising possession of a category C, D or H weapon notifies the commissioner and makes application for a licence under this Act within the time allowed under subsection (3)(b), the person does not contravene section 50 while the person’s application is being decided merely because the 7 day period has passed.
(6) In this section—
corresponding licence, to a licence held under the law of another State, means—
(a) a licence under this Act declared under a regulation to be a corresponding licence; or
(b) if no regulation is made under paragraph (a) or the regulation makes insufficient provision—a licence under this Act that most closely corresponds to the other licence.


So from what I understand, because he didnt lodge his new license application in the 3 month time frame from when he first started residing in QLD, he has to do another safety test (which he has) before applying for his QLD licence (which he has). However because he didnt submit the application within 3 month timeframe, his interstate licence becomes invalid and therefore he is no longer a licence holder.

Your interstate licence will be mutually recognised and you can maintain possession of your firearms until a decision is made on your application as long as the interstate licence remains current and you have lodged an application for a new licence within the above timeframes.

Am I interpreting that correctly?
Windston
Private
Private
 
Posts: 39
Queensland

Next

Back to top
 
Return to Australian gun laws