Locked Containers - What are they?

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

Locked Containers - What are they?

Post by Johnno » 09 Dec 2020, 9:28 pm

Qld and in particular NSW Firearms legislation mentions Locked Containers when defining transportation methods in vehicles.

Canopies are now popular but are absent from the legislation terminology.

Here I refer to a lockable canopy with whaletail style locks plus padlocks that can go though the whaletail outside hole, it has two side doors and the canopy is bolted onto the tray of a dual cab ute. It weighs over 250 kgs empty.

Could the canopy defined as an an ipso facto container or would you need another small container inside the canopy to comply with the definition of a container?
Would it make any difference if there is a bed inside the canopy?
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Re: Locked Containers - What are they?

Post by pomemax » 09 Dec 2020, 10:17 pm

Not sure about SA

New south wales you do not need a locked box for Cat A/B can have them on the back seat so long as can not be see from out side .Just make sure they are not loaded yes you can leave the bolt in
,a lot of people read the transporting of firearms for nsw and get the commercial mixed with private.
Cat H is a bit different say something about locked container i use a locked Ammo tin for pistols and another for Ammo
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Re: Locked Containers - What are they?

Post by Farmerpete » 10 Dec 2020, 8:11 am

Pretty sure in qld for the purpose of the act a motor vehicle does not qualify as a container.
It must be something else locked
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Re: Locked Containers - What are they?

Post by rc42 » 10 Dec 2020, 8:52 am

One thing to always bear in mind with regard to vague legislation is what would you say about the precautions that you took if you had to defend your actions in court, to be safe they should always be more then 'reasonable'.

For QLD a canopy over a tray may or may not be treated like the boot of the vehicle so it may be OK to just use an out of sight 'securely closed container' (which includes soft gun bags) but you would be certain if you assume that it's not and store any firearms inside a locked metal box which is fixed to the vehicle.
Inside the cab only a 'securely closed container' is required but again it must be out of sight and if not in a locked container then either bolts must be removed or trigger locks fitted.

See QLD Weapons Regs 2016 Section 95(2) and (3)
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Re: Locked Containers - What are they?

Post by Johnno » 10 Dec 2020, 1:23 pm

rc42 wrote:One thing to always bear in mind with regard to vague legislation is what would you say about the precautions that you took if you had to defend your actions in court, to be safe they should always be more then 'reasonable'.

For QLD a canopy over a tray may or may not be treated like the boot of the vehicle so it may be OK to just use an out of sight 'securely closed container' (which includes soft gun bags) but you would be certain if you assume that it's not and store any firearms inside a locked metal box which is fixed to the vehicle.
Inside the cab only a 'securely closed container' is required but again it must be out of sight and if not in a locked container then either bolts must be removed or trigger locks fitted.

See QLD Weapons Regs 2016 Section 95(2) and (3)


Yes rather than checking precedents and arguing your perhaps borderline case in court, a bit if an overkill here (a day or two to prepare your vehicle for safe rifle transport) would be the wisest move.
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Re: Locked Containers - What are they?

Post by Ziege » 10 Dec 2020, 1:43 pm

Yeah my case if I was looking to defend myself in court over something of that sort would be to prove I did more than the bare minimum to secure my firearms. rather than try and say "well technically", after all best practice would be to do all you practicably can to ensure they are secure and out of sight.

cheers.
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Re: Locked Containers - What are they?

Post by Oldbloke » 10 Dec 2020, 4:19 pm

Johnno.
Question is about both QLD &NSW. BUT your in SA.

Which state is it? States vary.
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Re: Locked Containers - What are they?

Post by Johnno » 11 Dec 2020, 9:19 am

Oldbloke wrote:Johnno.
Question is about both QLD &NSW. BUT your in SA.

Which state is it? States vary.


Yes I'm in SA but planning to travel through NSW to Qld. Therefore need to study rifle car transport regulations in those states as well.

This issue seems to be unlike state based ute GVM upgrades that are legal in every state (until you change rego to another state, then ute needs a re-inspection).

Your rifle transport methods need to comply with varying transport regulations of every state you travel through, even if you don't stay and hunt.

Another matter is people having property suitable for hunting in two or more states. As there are no federal firearms licences, you not only have to study the state based firearms laws in both/every state but also those reciprocal limits every state has.

WA would be out of this consideration should anyone have a hunting property there and then another one in another state. Won't work too well, you have to treat WA as a foreign country.
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Re: Locked Containers - What are they?

Post by Ziege » 11 Dec 2020, 9:58 am

Johnno wrote:
Oldbloke wrote:Johnno.
Question is about both QLD &NSW. BUT your in SA.

Which state is it? States vary.


Yes I'm in SA but planning to travel through NSW to Qld. Therefore need to study rifle car transport regulations in those states as well.

This issue seems to be unlike state based ute GVM upgrades that are legal in every state (until you change rego to another state, then ute needs a re-inspection).

Your rifle transport methods need to comply with varying transport regulations of every state you travel through, even if you don't stay and hunt.

Another matter is people having property suitable for hunting in two or more states. As there are no federal firearms licences, you not only have to study the state based firearms laws in both/every state but also those reciprocal limits every state has.

WA would be out of this consideration should anyone have a hunting property there and then another one in another state. Won't work too well, you have to treat WA as a foreign country.



Well situation with WA is in layman's terms a WA license holder can cross borders and go as they please and return to WA, an out of state gun owner must apply for a permit to enter WA with a firearm that is licensed elsewhere, or for longer/more frequent visits have a WA address with suitable storage (this used to be able to be a gun store or gunsmith) and apply for a WA license.

https://ssaa.org.au/news-resources/fire ... h-firearms
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