Overnight stays with firearms.

Questions about South Australian gun and ammunition laws. S.A. Firearms Act 2015.

Re: Overnight stays with firearms.

Post by tom604 » 29 Jan 2018, 10:12 am

now he's saying that he hates children !! won't anyone think of the children :lol: in time's long gone and not so long gone you could do a lot of things that you cant do now, the key word used was "used" as in used to-past tense. he also said that the cops didn't ping him for it,kinda says that it was no big deal (for the time),telling someone to remove themselves from the conversation when they haven't been abusive is rude. ,as is saying that "someone" described someone as a d##khead, if your going to say it ,man up and say it and if you don't think that it was rude just change two words and replace them with "your mother",see? its now rude :problem: i like this forum because its nice and polite, lets all be grown ups and try and keep it that way :thumbsup: sermon finished :violin:
User avatar
tom604
Warrant Officer C2
Warrant Officer C2
 
Posts: 1053
South Australia

Re: Overnight stays with firearms.

Post by Wobble » 29 Jan 2018, 1:18 pm

I can hopefully add some clarity to this as I'm pretty familiar with the WA Firearms Act.

Unfortunately the WA act is vague if not totally devoid of information on temporary storage (e.g. while travelling) and especially on the transportation of firearms themselves.

Duncan is in fact correct (as well as the information that Feedr posted from the SSAA) in the sense that there are no specific regulations or prohibitions on traveling with a firearms, or the transportation of one. Literally, the words travel, transport, carriage etc. do not appear in the act.

There is nothing along the lines of "while transporting firearms they must be x, y or z." Likewise there is nothing specific about managing firearms while staying in temporary accommodation such as a motel, or camping, where no fixed storage facility is available.

What is in the Act, is a number of broader regulations which may be applied in different scenarios. The WA Act is quite reliant on interpretations of these regulations in a given situation rather than specifics.

Duncan has decided to drop out of the conversation so I won't go on about that, just to say though it would seem his interpretations of the Act vary from the popular consensus.

Here is a link to the full act: https://www.slp.wa.gov.au/pco/prod/file ... penElement but I'll post a few excerpts from related to the above.

s.23 9

"take all reasonable precautions to ensure its safe keeping"

"take all reasonable precautions to prevent the same, permits a young person under the age of 18 years to have unlawful possession of a firearm"

s. 24 2

A member of the Police Force may seize and take possession of any firearm or ammunition that is in the possession of a person, whether or not the person is licensed or otherwise authorised to possess it if, in the opinion of the member of the Police Force — (a) possession of it by that person may result in harm being suffered by any person; or


As annoying as the vagary can often be, the fact of the matter is the law isn't absolute, it is open to interpretation. The best you can do is exercise common sense and take all reasonable steps you're able to.

When travelling I'd ask myself the following (and these are my answers).

Is it reasonable to leave a firearm in a locked car while you're asleep in the motel? In my opinion no.

Is taking it into the motel room with you while you sleep in the same room taking all reasonable precautions you can? I would say yes.

Is it reasonable to leave a firearm in a locked car in the bush while you camp next to it? I'd say yes. Same goes for sleeping with it in your tent or swag.

Is sleeping with a loaded firearm taking all reasonable precautions? Could it result in harm being suffered by any person? I think most people would say this is not good practice at least.

I would say the same as above for driving with a loaded firearm in a vehicle.

"Reasonable" is the key word here.

As a hypothetical, lets say you're travelling with a rifle, you have a bolt lock through it, the bolt is removed, and ammunition is stored separately in a locked container. You check into a motel and keep the firearm and ammunition in the room with you at all times. What more could the Police reasonably expect you to do? Carry a safe with you and install and remove it everywhere you stop? Of course not.

As I said above, the best you can do is exercise common sense and take all reasonable steps you're able to. Don't half ass safe guarding your gear and don't be lazy with unloading and securing ammunition. If it takes a few extra minutes to separate it, lock it, or take it somewhere with you, do it. With that mentality you should be fine.
Weatherby Vanguards in .300 Weatherby Magnum and .243 Winchester
User avatar
Wobble
Corporal
Corporal
 
Posts: 268
Western Australia

Re: Overnight stays with firearms.

Post by Oldbloke » 29 Jan 2018, 2:01 pm

"As a hypothetical, lets say you're travelling with a rifle, you have a bolt lock through it, the bolt is removed, and ammunition is stored separately in a locked container. You check into a motel and keep the firearm and ammunition in the room with you at all times. What more could the Police reasonably expect you to do? Carry a safe with you and install and remove it everywhere you stop? Of course not."

You then go to the motel resurant and have a meal. In the meantime one of the many staff that have a key to your room steals the rifle.

Judge says "but didn't you realise lots of staff have keys? Cleaners, manager, maintenance guy perhaps past tenants. If you locked it in your car only you would have had a key and it would be in your pocket. Your model of car even has an alarm and if the rifle was covered or in the boot it would be out of sight. That would be more reasonable. :lol:

You can't win.
The greatest invention in the history of man is beer.
https://youtu.be/2v3QrUvYj-Y
Member. SFFP, Shooters Union.
SSAA, the powerful gun lobby. :lol: :lol: :lol: :lol:
Hunt safe.
User avatar
Oldbloke
Field Marshal
Field Marshal
 
Posts: 11192
Victoria

Re: Overnight stays with firearms.

Post by Wobble » 29 Jan 2018, 3:09 pm

So order room service.

Park the car in a position where you can see it from the motel restaurant and lock the firearm in the boot.

You can't win if you only look for problems, mate. Look for solutions ;)
Weatherby Vanguards in .300 Weatherby Magnum and .243 Winchester
User avatar
Wobble
Corporal
Corporal
 
Posts: 268
Western Australia

Re: Overnight stays with firearms.

Post by Stix » 29 Jan 2018, 11:26 pm

Daddybang wrote:
Stix wrote:Duncan did say he used to do it, & that he wouldnt do it now...well thats how i read it anyway...telling him to leave is a bit harsh in my opinion...


The problem is this is not the first time hes put up advice thats at best irresponsible and at worst totally illegal. :drinks:

Ps I agree no one has the right to tell someone to leave a thread/conversation. That's entirely up to the mods. :drinks:


Fair enough Daddybang...i wasnt trying to take sides mate...just try to be the "passive mediator" if you will...hoping people not go too far either way in their comments...

I understand & can see both sides, & also understand its often hard to articulate what you mean when typing it...& so i felt he was misunderstood--although he probably didnt do himself justice in his follow up...although again that would be hard to articulate.

As was mentioned by another, some of us 'older school' blokes who have spent considerable time out bush should be able to understand what he meant...

As for bad advice--i dont read what he said as meaning you can drive town streets with a loaded c/f rifle on the dash & tell coppers to go jump...

No sides taken here mate...im sure underneath our ego's we are all here for the same right reasons... :drinks: :friends: :drinks:
The man who knows everything, doesnt really know everything...he's just stopped learning...
Stix
Colonel
Colonel
 
Posts: 3675
South Australia

Re: Overnight stays with firearms.

Post by Daddybang » 30 Jan 2018, 5:30 am

Hey stix no worries. Just to clear the air I know he didn't mean he was driving thru town but any road with an rbt on it is a "public road" . Anyway it's all good mate. :lol: :drinks:
This hard living ain't as easy as it used to be!!!
Daddybang
Second Lieutenant
Second Lieutenant
 
Posts: 2012
Queensland

Re: Overnight stays with firearms.

Post by Baitlayer » 01 Feb 2018, 4:31 pm

G'day to all.Well I may not have got a definitive answer to my post( Realistically I didn't expect one),one thing that is abundantly clear is the frustration that arises from the confusion and lack of clarity in the present laws.They are so open to interpretation and dependent on which source your info comes ,that it is not surprising it causes anger and frustation.I have recently had the same conversation with long serving police officer here in WA and he told me they are equally frustrated and confused by the situation.Surely it is time for the various representative bodies(SSAA, NRAA etc)to forget the infighting and work toward uniform and clear firearms laws,preferably national .and not state based.I realise this is pie in the sky thinking but we can only hope.
Baitlayer
Private
Private
 
Posts: 50
South Australia

Re: Overnight stays with firearms.

Post by Oldbloke » 01 Feb 2018, 7:18 pm

Baitlayer wrote:.Surely it is time for the various representative bodies(SSAA, NRAA etc)to forget the infighting and work toward uniform and clear firearms laws,preferably national .and not state based.I realise this is pie in the sky thinking but we can only hope.


Dreaming.jpeg
Dreaming.jpeg (34.25 KiB) Viewed 5518 times
The greatest invention in the history of man is beer.
https://youtu.be/2v3QrUvYj-Y
Member. SFFP, Shooters Union.
SSAA, the powerful gun lobby. :lol: :lol: :lol: :lol:
Hunt safe.
User avatar
Oldbloke
Field Marshal
Field Marshal
 
Posts: 11192
Victoria

Re: Overnight stays with firearms.

Post by AusTac » 01 Feb 2018, 7:36 pm

Did oldbloke learn how to post meme's :lol:
Certified part time hillbilly
User avatar
AusTac
Warrant Officer C2
Warrant Officer C2
 
Posts: 1171
-

Re: Overnight stays with firearms.

Post by Oldbloke » 01 Feb 2018, 8:24 pm

AusTac wrote:Did oldbloke learn how to post meme's :lol:


Now listen here young fella, I'm far more computer savi than you might think. I just decided the forum needed a bit of humour.

I've been doctoring pics for years. And if you think your wiser than me,

Dreaming.jpeg
Dreaming.jpeg (34.25 KiB) Viewed 5507 times


:thumbsup:
The greatest invention in the history of man is beer.
https://youtu.be/2v3QrUvYj-Y
Member. SFFP, Shooters Union.
SSAA, the powerful gun lobby. :lol: :lol: :lol: :lol:
Hunt safe.
User avatar
Oldbloke
Field Marshal
Field Marshal
 
Posts: 11192
Victoria

Re: Overnight stays with firearms.

Post by Archie » 02 Feb 2018, 1:10 pm

Baitlayer wrote:G'day to all.Well I may not have got a definitive answer to my post( Realistically I didn't expect one),one thing that is abundantly clear is the frustration that arises from the confusion and lack of clarity in the present laws.They are so open to interpretation and dependent on which source your info comes ,that it is not surprising it causes anger and frustation.I have recently had the same conversation with long serving police officer here in WA and he told me they are equally frustrated and confused by the situation.Surely it is time for the various representative bodies(SSAA, NRAA etc)to forget the infighting and work toward uniform and clear firearms laws,preferably national .and not state based.I realise this is pie in the sky thinking but we can only hope.


For what its worth, when the SSAA asked for input into the review of regulations for NSW last year, I wrote to them asking for exactly that - and for whatever reason, it unfortunately didn't make it into the submission they eventually sent to the government, although a lot of other sensible suggestions on other issues were proposed so I can't complain too much.

Realistically, the representative bodies won't push the government unless the members tell them they want something. People whinge about the SSAA (a lot of time for good reason) but if you want them to lobby for changes in the law you can't just pay your dues and forget about it, email them and tell them what you want them to push for.

As a side note baitlayer, it basically has to be a state based law unfortunately because of who has what powers under the constitution. The national firearms agreement after Port Arthur was really the national government getting all the states to individually agree to all put in basically the same set of laws - and then they changed a bit over time. The national government doesn't really have much power in this area. That's the reason why they couldn't actually ban the Adler, but they were able to threaten to ban any more importation of them.
Archie
Corporal
Corporal
 
Posts: 366
New South Wales

PreviousNext

Back to top
 
Return to South Australian gun laws