Breach on Safe Storage of Firearms

Questions about New South Wales gun and ammunition laws. NSW Firearms Act 1996.

Breach on Safe Storage of Firearms

Post by Chargie05 » 15 Feb 2017, 2:57 pm

Any chance of getting licence back and firearms after section 10 (no conviction) on Safe Storage charge?? I was told the evidence is not even looked at by NSW Police today, if there is no chance where does it say so in the legislation. I was also told that regardless of any outcome at court my guns would be destroyed and nil compensation paid.

Wankers!
Last edited by Chargie05 on 15 Feb 2017, 4:39 pm, edited 1 time in total.
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Re: Breach on Safe Storage of Firearms

Post by Seconds » 15 Feb 2017, 4:01 pm

There will be nothing specific "you can not get your firearms license back after a section 10 charge".

There are general potential factors or exclusions based around having a conviction or being charged with something, and the time since it happened.

Give us a bit more info.

When did it happen? Number of firearms? More specifics on why you 'failed' etc. etc.
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Re: Breach on Safe Storage of Firearms

Post by bladeracer » 15 Feb 2017, 4:20 pm

Chargie05 wrote:Any chance of getting licence back and firearms after section 10 (no conviction) on Safe Storage charge?? I was told the evidence is not even looked at by Narellan Police (NSW) today, if there is no chance where does it say so in the legislation. I was also told that regardless of any outcome at court my guns would be destroyed and nil compensation paid.

Wankers!



Get onto one of the firearms lawyers ASAP is my only advice.
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Re: Breach on Safe Storage of Firearms

Post by Title_II » 15 Feb 2017, 4:26 pm

GRRRRRRRRRRR...
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Re: Breach on Safe Storage of Firearms

Post by Chargie05 » 15 Feb 2017, 5:07 pm

Some do gooder neighbour called the Police after a loudish argument between my wife and I (which has not occurred prior)... so no usual notice period etc... Had some boxes of clay shot 7.5s in 250ea x4 sitting in a wheelbarrow in the shed unlocked - as they did not fit in the safe or lock-box. Also had a 22WMag in the pantry for snakes (unloaded of course)... I live in a rural area which seems to have lots of red-belly blacks around, last year we had one come up the steps into the house - and I have a 5 year old in the house. Rifle was up really high where cant be seen or got to by a child. Not impressed by what I was told at the station being that the court system is in place to provide unbiased assessment case by case etc.
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Re: Breach on Safe Storage of Firearms

Post by bladeracer » 15 Feb 2017, 5:29 pm

I can only suggest you do not tell them you either have shot, or intend to shoot snakes - snakes are protected.
Last edited by bladeracer on 17 Feb 2017, 4:03 pm, edited 1 time in total.
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Re: Breach on Safe Storage of Firearms

Post by No1Mk3 » 15 Feb 2017, 5:30 pm

G'day Chargie05,
Storage is storage, and the buggers are not kidding as you just found out. No excuse, snakes, yowie or otherwise having a gun in the cuopboard, rural or not is asking for trouble. As bladeracer said, see a brief. My Mrs kept hers after a "No conviction recorded" diversion but that was here in Vic. Best of luck.
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Re: Breach on Safe Storage of Firearms

Post by brett1868 » 15 Feb 2017, 7:58 pm

Rural??? How rural are you if the neighbors can hear a heated discussion with the missus? Can never be too paranoid around storage, a rifle inside unsecured for snakes isn't a valid reason. Would have been wiser to keep a .410 in a small safe bolted inside a cupboard, the unsecured ammo is no real excuse either when a $30 MTM ammo can with a couple padlocks or a simple locked toolbox would suffice. You got a bit of a raw deal but nothing that could have been avoided with a bit of care. Get onto a good lawyer that's familiar with the firearms legislation and see if the firearms can be given to a dealer to dispose of. It's not fair to punish you twice, they don't crush the cars of convicted drink drivers so why should they be able to destroy your property for nil compensation?
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Re: Breach on Safe Storage of Firearms

Post by bigfellascott » 15 Feb 2017, 11:26 pm

brett1868 wrote:Rural??? How rural are you if the neighbors can hear a heated discussion with the missus? Can never be too paranoid around storage, a rifle inside unsecured for snakes isn't a valid reason. Would have been wiser to keep a .410 in a small safe bolted inside a cupboard, the unsecured ammo is no real excuse either when a $30 MTM ammo can with a couple padlocks or a simple locked toolbox would suffice. You got a bit of a raw deal but nothing that could have been avoided with a bit of care. Get onto a good lawyer that's familiar with the firearms legislation and see if the firearms can be given to a dealer to dispose of. It's not fair to punish you twice, they don't crush the cars of convicted drink drivers so why should they be able to destroy your property for nil compensation?


Ya might need more than a few MTM or tool boxes for 4 slabs :lol: Filing cabinets go alright for just such a purpose I hear.

And to the OP, I'd say ya screwed mate, you'd want a good lawyer to sort that mess you've created for ya self and they don't come cheap, my made had to front up to court on firearms related charges and it cost him over $10k to sort it out but he managed to keep his firearms and license.

I wish you the best of luck. :drinks:
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Re: Breach on Safe Storage of Firearms

Post by RoginaJack » 17 Feb 2017, 3:13 pm

Yep, looks like a lawyer is required and I'd suggest you contact a Firearms Lawyer and don't stuff around!

here's one that advertises in the Australian Shooter mag. - Glenn Kable (ex Olympic shooter) Mob. 0407 962 200, no obligation assessment on glennkable@yahoo.com

And good luck...
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Re: Breach on Safe Storage of Firearms

Post by on_one_wheel » 17 Feb 2017, 9:43 pm

Iv'e heared of people getting their licenses back after serious breaches. ( unregistered / unsecured )
I guess it's like loosing your drivers license.

As mentioned earlier, it would pay to speak to a firearms specific lawyer.

Also if and when you get your license back, try and be a good boy and keep that stuff locked away, not only for your own sake but for the sake of all the other lafo's out there.
Cases such as yours can make bad examples of us as a collective. The anti crowd love that stuff.
It's prety hard to say "we are a responsible bunch" when clearly "we" aren't.

Above all, just remember that in court or when speaking to police oficers about your offenses, don't go making excuses for breaking the law. Just admit to your mistakes and let them know that you've learned from them .... ffs I hope you've learned from them !
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Re: Breach on Safe Storage of Firearms

Post by duncan61 » 18 Feb 2017, 2:42 am

I was set up in the bush very well by another kangaroo shooter long story short I was charged with 7 counts of unsecured firearms and 1 count of unsecured ammo even though I handed it in myself before the event.Had I known the other shooter went out and broke in to my caravan and took the firearms and handed them in to police I would have defended as civilians have no right to act on behalf of the police.Before this happened I went to the police concerned this guy may do this and was assured he had been told to keep away.By the time court came around the police dealing with it were realising this guy was trouble as he was s**ting on a lot of people in town mainly other kangaroo shooters so he could be the only shooter in town.Anyhoo day of court I fronted the police and said if I plead guilty can I get my stuff and leave town they agreed and did not make a destruction order even though the judge asked for it the police declined and that was that.I copped a hefty fine and went back out the bush with all my gear which I still have.The problem you have is if the police came to your residence and found unsecured firearms and ammo and have decided to make a destruction order and you are not a professional shooter where they are tools of your trade your best hope to keep your stuff is try to reason with the officers involved.I am not sure what a lawyer can do as the law is very specific on how things should be secured.I had my rifles 550 kms from the bolts and ammunition and I was still guilty because the rifles were not in an approved gun safe just a metal cabinet.The police indicated they had seized the firearms themselves had I known it was some one else I may have fought it but then you spend 2 years of your life in and out of court thousands of kms from where you live.O.K. I will wrap this up.If you were at the house you can have your firearm out any time you want never mention why again and hopefully no one will remember.I was swagging out on the side of the road and police pulled up cos we were illegally camping and I had my .222 on its bipod full of crackers next to my swag and the policeman with the rangers got all excited about it but I have learned a bit and knew I was O.K. because I am in possesion.If I walked away and someone else could get it I would be in trouble.The shotgun ammo is more of an issue just cop the fine and learn the lesson.I have been to so many sheds and there is loose ammo and I warn people you can get done even if its only .22 rimfire they will make it sound like you built an excocet missile.They love the word seized even when you hand things in voluntary.Good luck
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