Nigel wrote:1) Is the authority granted in section 8(1) a narrow authority that is limited strictly to use "in competitive shooting activities that are approved by the Commissioner" or is it a intended to be a broader authority that encompasses implied authorities to posses and use handguns in situations incidental to the broad purpose of participating in competitive shooting activities?
Section 8(1) contains the primary authority granted to holders of category H (sport/target shooting) licences:
"In the case of a category H (sport/target shooting) licence, the licensee is authorised to possess or use a registered pistol only for the purposes of participating in competitive shooting activities that are approved by the Commissioner."
There are two possible ways to interpret this sentence:
A) A narrow authority that authorises possession or use a pistol strictly "for the purposes of participating in competitive shooting activities" and nothing else ('Option A'); or
B) A broader authority to possess and use a pistol in competitive shooting activities and in other activities necessary or incidental to competitive shooting ('Option B').
I believe that Option B is the correct interpretation. I will list a few discussion points that help explain why I think this is the case.
1) I believe that the authority granted includes an implied authority to to use a pistol for practicing or receiving training or instruction related to competitive shooting.
I am not aware of any express authority to do this anywhere is the legislation.
At my club a lot of people go to the range to practice and then leave without competing. There are days when the range is open for practice and no competitions are held. Same with training, people go to the range, use a pistol in the course of training and then leave without engaging in a competitive event.
I'm sure you guys who shoot at St Marys aren't "participating in competitive shooting activities" every single time you go to the range to shoot pistols.
If Option A is correct, these people are all breaking the law. They are committing an offence of unauthorised use of a pistol pursuant to section 7 of the act.
2) I believe the authority includes an implied authority to possess a pistol at all times including times when the licence holder is not actually "participating in competitive shooting activities".
Licence holders posses their pistols when they have them in a safe at home. They posses their pistols when they transport them to and from the range. They are not "participating in competitive shooting activities" when they do these things. This possession is incidental to the primary authorised purpose. If Option A were the correct interpretation, this would be unauthorised possession. Category H (sport/target shooting) licence holders would have to hand over possession of their pistols to some other authorised party the moment the "competitive shooting activities" ended.
I am not aware of any express authorisations in the act or regulations covering possession in these circumstances. If the legislature didn't intend this implied authority, why did they set out detailed rules for the storage and transport of firearms.
3) These sorts of crazy conclusions would affect all licence categories, not just category H.
The authority granted to all categories of licence in section 8(1) uses similar wording. Category A and B licence holders are "authorised to possess or use a registered firearm of the kind to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm".
The holder of a Category AB (hunting/vermin control) licence is therefore authorised to possess and use a firearm for the purpose of hunting/vermin control. If a strict interpretation is applied assuming no implied authority, these people can only posses or use firearms when they are actually engaged in hunting. How would that work?