by Rod_outbak » 16 May 2018, 5:38 am
[quote="AngrySox"][quote="Nigel"]You need to be careful of two provisions of the [i]Firearms Act 1996[/i] (NSW):
- s43 Carry on activities as a firearms dealer
- s50A Unauthorised manufacture of firearms
Based on commentary on their web site, it would seem that the NSW Firearms Registry considers any work done on firearms, even minor repairs, by persons not holding an firearms dealer licence to be a breach of s43. In my opinion, a court would find that the restriction in s43 only applies to activities carried out "in the course of a business" but, to my knowledge, this is yet to be tested.
Section 50A makes it an offence to manufacture a firearm, including assembling a firearm from firearm parts, unless you have a licence or permit to do so. I think the NSW police would consider any manufacture of firearms parts to be a breach of this section. The act does make a distinction between between a firearm and a firearm part and the Civil and Administrative Tribunal has said in obiter dicta that s50A does not restrict the manufacture of firearm parts (see [i]Materson v Commissioner of Police, New South Wales[/i] [2017] NSWCATAP 206). In any case if you manufactured a firearm part and assembled it into a firearm, you would likely have breached this section. Firearm part is a defined term and includes barrel, action, trigger mechanism, slide, frame and magazine.[/quote]
Thank you guys for your replies. This is more what I was concerned about, as while being specific in it's wording the law also is open to a lot of interpretation. Then throwing 3D printing into the mix I thought it may be a case of leave well enough alone. I don't see the police to call me into breach if I were to manufacture for my own persons, I know the laws make mention of suppressors but they don't say anything on brakes. In the same way that that they make mention of needing import authority under the Customs Regs, but you can purchase most items of the shelf at your local.
I would like to state that I do not want to manufacture firearms. The reason I asked about this is that I saw some people at my local range with "custom" grips for their pistols which they proudly told me were American made and cost the amazingly large sum of $120 USD, I thought they were average and was hoping to make some myself. I was then interested in seeing how far I could go with the idea, what would be considered "safe" by the community and what would be allowed by the registry. But would I be correct in thinking that if I can purchase it at my local, and IF I were to work out all the necessary mathematics, I MAY be able to make non functional parts for myself?
Thanks[/quote]
It might come down to the definition of 'Accessory', versus 'Firearm part'. If you can define the part you are manufacturing as an accessory (you mentioned making your own grips), I'd think you have a solid defence of showing that you werent modifiying the operation of the firearm as such.
As far as I can establish, grips are usually considered an accessory, and one often customised by the individual, (as are the choice of sights).
You could likely argue that given accessories are readily available on the open market without registration requirements (unless you live in some weird Mexican nanny state), you werent manufacturing firearm parts.
This would me MY argument, if plod ever wanted to take me to task for this. I'm not saying it would keep me out of jail, but I think it would be a hard slog for plod to prove that I was intentionally making black-market firearms.
My opinion.
Cheers,
Rod.
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