NSW laws updated

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

NSW laws updated

Post by Baronvonrort » 06 Sep 2017, 6:12 pm

The updated legislation includes the offences that disqualify applicants for a firearms license along with a few other changes.

https://legislation.nsw.gov.au/~pdf/view/regulation/2017/442/whole
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Re: NSW laws updated

Post by Archie » 06 Sep 2017, 6:31 pm

So - if you have a property you don't live on - take note:

38 Requirements for storage of firearms on residential premises
(1) The holder of a licence must not store a firearm on land that is used wholly or partly for residential purposes
unless:
(a) residential premises on the land are the principal place of residence of a person (whether or not that
person is the licensee), or
(b) a person is residing at residential premises on the land when the firearm is stored there (whether or not
that person is the licensee).
(2) The holder of a licence who stores a firearm on land used wholly or partly for residential purposes must not
store the firearm in a building or other structure that is separate from residential premises on the land unless
that separate building or other structure is in such proximity to the residential premises that it is easily
observed from the residential premises.
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Re: NSW laws updated

Post by bladeracer » 06 Sep 2017, 6:37 pm

I wasn't aware that it was legal to use uninhabited land as a permanent storage address anywhere in Australia already.
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Re: NSW laws updated

Post by Archie » 07 Sep 2017, 9:39 am

bladeracer wrote:I wasn't aware that it was legal to use uninhabited land as a permanent storage address anywhere in Australia already.


Rest of Australia I wouldn't know, but prior to this, in NSW, there was no residency requirement. The concerns that were generally raised were when people have a safe in their shed on a property they don't visit for weeks at a time. Some jerk pokes around the shed and you get opportunistic theft because the safe is right next to the tools to break into it and they've got all day. How often it really happens I don't know, but I'm told that was why they've changed the law.
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Re: NSW laws updated

Post by Gwion » 07 Sep 2017, 10:53 am

This one line seems to be very very open ended to me and quite a concern given the wrong circumstances:

"21 Revocation of permit—additional reasons
(1) A permit may be revoked by the Commissioner if:
[b](a) the Commissioner is satisfied that it is not in the public interest for the permit holder to continue to hold
it, or [b]"

Theoretically, a Commissioner may determine that it is no longer in the public interest for ANYONE to continue to hold a permit. This could effectively outlaw firearms ownership in one executive decision. Not saying it is likely but that is how it reads to me, unless there are other relevant sections and subsections in the Regs or Act that govern the decision making process, however there is no reference to any other section or sub section and i see nothing in the following lines of that section.

Tell me i'm being paranoid but it seems like an open back door to me.
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Re: NSW laws updated

Post by Mr.Seacucumber » 07 Sep 2017, 11:00 am

Gwion wrote:This one line seems to be very very open ended to me and quite a concern given the wrong circumstances:

"21 Revocation of permit—additional reasons
(1) A permit may be revoked by the Commissioner if:
[b](a) the Commissioner is satisfied that it is not in the public interest for the permit holder to continue to hold
it, or [b]"

Theoretically, a Commissioner may determine that it is no longer in the public interest for ANYONE to continue to hold a permit. This could effectively outlaw firearms ownership in one executive decision. Not saying it is likely but that is how it reads to me, unless there are other relevant sections and subsections in the Regs or Act that govern the decision making process, however there is no reference to any other section or sub section and i see nothing in the following lines of that section.

Tell me i'm being paranoid but it seems like an open back door to me.


Large disaster happens.

1) It is in the public interest that firearms are removed for the safety of everyone

2) disaster ends and no one needs a firearm anymore.
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Re: NSW laws updated

Post by Member-Deleted » 07 Sep 2017, 11:29 am

sungazer its just another way of cutting back on guns play on the minds of anti drug people and get their vote
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Re: NSW laws updated

Post by Dexer » 07 Sep 2017, 3:44 pm

Are the prohibited persons changes without time limits new?

If so, what happens to people who have a minor conviction from 20-30 years ago and are now licensed in NSW? License revoked?

Seems like a pretty big overreach IMO. In other states there are also provisions where you can apply to the court to no longer be deemed prohibited, doesn't seem to exist in NSW.

Edit: As per the legislation, the limit is 10 years:

(b) has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or


Which is still hugely excessive when compared to other states considering many minor offenses don't prohibit you or if they do are not for a long period of time.
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Re: NSW laws updated

Post by Gun-nut » 07 Sep 2017, 4:00 pm

Dexer wrote:Are the prohibited persons changes without time limits new?

If so, what happens to people who have a minor conviction from 20-30 years ago and are now licensed in NSW? License revoked?

Seems like a pretty big overreach IMO. In other states there are also provisions where you can apply to the court to no longer be deemed prohibited, doesn't seem to exist in NSW.


Yep, there even seems to be a specific department for firearm licence appeals in Victoria, the firearms appeals committee which specializes in such matters. If there isn't a NSW equivalent, how would someone go about appealing the original decision of the commissioner?
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Re: NSW laws updated

Post by Dexer » 07 Sep 2017, 4:07 pm

I assume the path would be via judicial review... Expensive and a long process.
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Re: NSW laws updated

Post by Baronvonrort » 07 Sep 2017, 9:58 pm

Dexer wrote:Are the prohibited persons changes without time limits new?

If so, what happens to people who have a minor conviction from 20-30 years ago and are now licensed in NSW? License revoked?

Seems like a pretty big overreach IMO. In other states there are also provisions where you can apply to the court to no longer be deemed prohibited, doesn't seem to exist in NSW.

Edit: As per the legislation, the limit is 10 years:

(b) has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or


Which is still hugely excessive when compared to other states considering many minor offenses don't prohibit you or if they do are not for a long period of time.


It was 10 years before this update so nothing new on time limits it also outlines what offences disqualify which appears to be new
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