An interesting read of a current court case.

[AussieCapitalist]

Well in QLD it is widely regarded that you need 40 acres to shoot on your private property even though it is not written in law. But in practice this arbitrary figure of 40 acres gets thrown around.

[rc42]

QLD police do like to treat their internal policy guidelines as being real laws and try to make it appear that way on their website and in their forms.

40 acres is the arbitrary land area below which WLB have chosen to do some extra investigation for recreational license applications, if they did reject an application based on that they would almost certainly have it overturned by QCAT

[womble]

Could be a provision for any applicable indigenous laws.

[Archie]

Can case law can be classed as unwritten law?

Yeah. The point that they are getting at is law established by judicial precedence (i.e. previous cases). It's not that much of a conspiracy. As a practical matter I'd be surprised if anyone has ever lost their licence from it.

[TassieTiger]

Can case law can be classed as unwritten law?

Yeah. The point that they are getting at is law established by judicial precedence (i.e. previous cases). It's not that much of a conspiracy. As a practical matter I'd be surprised if anyone has ever lost their licence from it.

Does it matter though? If you had a run in with an officer, they could theoretically apply this and make it extremely difficult / cost you a fortune to retain a licence? Unwritten law - as a term, does not apply to precedent, common, indigenous, or any other law, otherwise it would/should state that...as it does elsewhere within the act.

I’d love to know what a practicing lawyer would say or NSC...

[Archie]

Can case law can be classed as unwritten law?

Yeah. The point that they are getting at is law established by judicial precedence (i.e. previous cases). It's not that much of a conspiracy. As a practical matter I'd be surprised if anyone has ever lost their licence from it.

Does it matter though? If you had a run in with an officer, they could theoretically apply this and make it extremely difficult / cost you a fortune to retain a licence? Unwritten law - as a term, does not apply to precedent, common, indigenous, or any other law, otherwise it would/should state that...as it does elsewhere within the act.

I’d love to know what a practicing lawyer would say or NSC...

No, they couldn't. Lets be clear here. This is an act saying, the things the Administrative Review Tribunal need to take into account, when reviewing an administrative decision. It's got nothing to do with what police powers are. The police can't just make something up as a law, and then the ART just go, oh well fair enough sure no worries...

[Bugman]

In my opinion, this fellow has checkered history and that appears to be what has gone against him. Don't know the guy but is showings on social media leave me a bit cold. Not a good endorsement for our sport.

[trekin]

Can case law can be classed as unwritten law?

Yeah. The point that they are getting at is law established by judicial precedence (i.e. previous cases). It's not that much of a conspiracy. As a practical matter I'd be surprised if anyone has ever lost their licence from it.

Does it matter though? If you had a run in with an officer, they could theoretically apply this and make it extremely difficult / cost you a fortune to retain a licence? Unwritten law - as a term, does not apply to precedent, common, indigenous, or any other law, otherwise it would/should state that...as it does elsewhere within the act.

I’d love to know what a practicing lawyer would say or NSC...

Not a lawyer, by trade, but that doesn't mean one doesn't study law.

Common Law
"In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions among these different sources of law are explained later in this article). Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.

The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. The British Empire spread the English legal system to its colonies, many of which retain the common law system today. These "common law systems" are legal systems that give great weight to judicial precedent, and to the style of reasoning inherited from the English legal system."

Unwritten law
"Unwritten law refers to the law based upon custom, usage, and judicial decisions. It is distinguished from the enactments of a legislature, orders or decrees in writing. Although an unwritten law is not enacted in the form of statute or ordinance, it has got legal sanction. An unwritten law need not be expressly evidenced in court decisions, but may be collected, gathered or implied there from under statute."

[Ziege]

I think he should have been arrested for that country music song he did "I like guns" f*** that was bad, try hard country flogs are always the most embarrassing fools around.

[AussieCapitalist]

They are all hat and no cowboy mate.

[simmo]

That was a really interesting case. Especially the legal aspect of what a ‘fit and proper person‘ is.

Speaking for myself, I do all I can to not get into trouble for dumb s**t given that my license could be revoked. For someone who built so much of their life and business activity around shooting, this guy’s legal history is just plain stupid. The transfers of his Cat D rifle is idiotic and difficulty getting a Cat D license would make any sensible person think very carefully actions taken under that license.

The judges remarks against the FAR were very interesting and highlighted the general stupidity of the FAR. However the points the tribunal focused on for their decision made sense.

I wanted to support the guy but the tribunal made the right call.

[AussieCapitalist]

The tribunal thinks an M14 is a World War 2 rifle. They are just as stupid as old mate is.

[bladeracer]

The tribunal thinks an M14 is a World War 2 rifle. They are just as stupid as old mate is.

The tribunal has to address whatever they are presented with. Lee himself should have pointed out the error in the charges against him. But if the rifle is registered as an M14 then that's what it is until somebody corrects it.

[simmo]

The tribunal thinks an M14 is a World War 2 rifle. They are just as stupid as old mate is.

Fair point, but in the context of the case and the job of the tribunal this error doesn’t seem to be (I’m not a lawyer) material unless it could be misread/implied that it’s select fire Semi/fully auto (which is not likely because that would be a very different set of charges).

Unfortunate for the guy, I feel for him, but this drama was avoidable from his perspective.

The benefits here from this post is the case law cited. Seems like it could be handy pulling that stuff together somewhere?

[bladeracer]

The tribunal thinks an M14 is a World War 2 rifle. They are just as stupid as old mate is.

Fair point, but in the context of the case and the job of the tribunal this error doesn’t seem to be (I’m not a lawyer) material unless it could be misread/implied that it’s select fire Semi/fully auto (which is not likely because that would be a very different set of charges).

Unfortunate for the guy, I feel for him, but this drama was avoidable from his perspective.

The benefits here from this post is the case law cited. Seems like it could be handy pulling that stuff together somewhere?

I dumped it to my Mediafire account.
http://www.mediafire.com/file/oikvrcfkwmsgoam/Lee_vs_Commissioner_NSW.pdf/file

[simmo]

The tribunal thinks an M14 is a World War 2 rifle. They are just as stupid as old mate is.

Fair point, but in the context of the case and the job of the tribunal this error doesn’t seem to be (I’m not a lawyer) material unless it could be misread/implied that it’s select fire Semi/fully auto (which is not likely because that would be a very different set of charges).

Unfortunate for the guy, I feel for him, but this drama was avoidable from his perspective.

The benefits here from this post is the case law cited. Seems like it could be handy pulling that stuff together somewhere?

I dumped it to my Mediafire account.
http://www.mediafire.com/file/oikvrcfkwmsgoam/Lee_vs_Commissioner_NSW.pdf/file

Good work.