Is it illegal to carry in the back yard now?

Questions about Victorian gun and ammunition laws. Victorian Firearms Act 1996.

Is it illegal to carry in the back yard now?

Post by Oldbloke » 05 Mar 2015, 9:11 pm

Seems it is now illegal to walk around your own back yard with a firearm. No shots fired, nobody treatened. They dont mention if the air pistol was loaded.

http://www.abc.net.au/news/2015-03-05/p ... un/6284010
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Re: Is it illegal to carry in the back yard now?

Post by on_one_wheel » 05 Mar 2015, 9:33 pm

So his neighbours are peeping Toms. Its getting crazy out there. A good lawyer would get him off easy... no intent to frighten or intimate there, purely targeted at the pesky birds.


Go ahead bird, make my day...

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Re: Is it illegal to carry in the back yard now?

Post by Oldbloke » 06 Mar 2015, 7:38 am

Next I will be arrested for checking the scope cross hairs are level on my rifle in the back yard. Sheesh
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Re: Is it illegal to carry in the back yard now?

Post by RealNick » 06 Mar 2015, 2:37 pm

Has been in the legislation for a while I think.

Worded something along the lines of 'causing fear or distress', but doesn't mean YOU had to be out there actively causing it though by being threatening or waving your rifle around. Just means someone has to have felt it.

If your neighbour snoops over the fence and gets upset for no reason it's still potentially against you.

AFAIK.
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Re: Is it illegal to carry in the back yard now?

Post by 1290 » 06 Mar 2015, 2:47 pm

This is certainly a load of crap.... but unfortunately the air pistol this fella was 'waving at the birds' was probably unregiistered, IN HIS MIND as well as the majority of lawful shooters IS NOT A FIREARM BUT A TOY, he probably owned it since he was a kid,,, but will now get his arse handed to himself by some righteous magistrate all because some faaaarking coks#$%#$ couldnt get on with his business and ****** to his laaaaartay down the street.

He was not harming anyone, but he'll be f***ed over big time now, yes he was probably breaking the 'law'.....THEY WILL NO DOUBT FIND 98 infractions of the firearms act.

What really annoys me is that while the VSOG (very-special operations group, the same who had a member shoot himself in the foot a little while back) laid siege to South Yarra..... this guy didnt even know the ****** storm that was unfolding and about to hit him outside...

but there were PROBABLY A DOZEN BURGLARIES IN THE SURROUNDING SUBURBS...

FFS he opened the door for them with no idea anything was wrong!!
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Re: Is it illegal to carry in the back yard now?

Post by KWhorenet » 06 Mar 2015, 2:52 pm

and if neighbours actually spoke to each other and got to know each other then all they'd have to do is ask what the neighbour is doing....instead of dobbing the gun toting lunatic in with his rifle on his cleaning bench admiring or tinkering with it or practicing something to the cops + SWAT and rooftop snipers and media.

hopeless.
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Re: Is it illegal to carry in the back yard now?

Post by North East » 06 Mar 2015, 2:58 pm

"In the end special operations have entered the building peacefully, the gentleman opened the door for them and he's been arrested and will be charged with relevant firearms offences."

There is more to this story.
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Re: Is it illegal to carry in the back yard now?

Post by Oldbloke » 06 Mar 2015, 3:35 pm

"There is more to this story" I'm inclined to agree with that.
I can understand that some dork who sees it from a second story bathroom next door might be concerned & call the police. But unless the pistol was loaded and/or he had been using it or it was unregistered its a hell of a storm in a tea cup. Next I walk into the garden with dads old axe and someone reports a murder & I'm being questioned in the local police station about why the neighbour hasn't seen the Mrs check the mail box for a few days.

20 yrs ago I used to catch a train in Melbourne to a mates place to go deer hunting. Times are a changing.
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Re: Is it illegal to carry in the back yard now?

Post by North East » 06 Mar 2015, 3:43 pm

...and there are probably more deer around Melbourne now than there ever was.
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Re: Is it illegal to carry in the back yard now?

Post by FuzzyM » 06 Mar 2015, 5:31 pm

Oldbloke wrote:"There is more to this story" I'm inclined to agree with that.


20 yrs ago I used to catch a train in Melbourne to a mates place to go deer hunting. Times are a changing.


Funny enough that's technically still legal, I don't recommend getting on a train with a rifle, but I'm pretty sure its legal.
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Re: Is it illegal to carry in the back yard now?

Post by Guliver » 06 Mar 2015, 7:17 pm

Oldbloke wrote:"20 yrs ago I used to catch a train in Melbourne to a mates place to go deer hunting. Times are a changing.

http://www.police.vic.gov.au/retrieveme ... a_id=72422 bottom of page 35.

http://www.fga.net.au/transportation-tr ... /i1028161/

And then to counter the above : http://ptv.vic.gov.au/getting-around/lu ... allowance/

Examples of such items prohibited from carriage on passenger vehicles include:

Flammable liquids and gases (petrol, kerosene, LPG, propane)
Firearms
Explosives
Corrosive or acidic chemicals
Cloakrooms

All very confusing :crazy:
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Re: Is it illegal to carry in the back yard now?

Post by Oldbloke » 06 Mar 2015, 7:24 pm

Guitar case for public transort. Lol
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Re: Is it illegal to carry in the back yard now?

Post by 1290 » 06 Mar 2015, 7:49 pm

Guliver wrote:
Oldbloke wrote:"20 yrs ago I used to catch a train in Melbourne to a mates place to go deer hunting. Times are a changing.

http://www.police.vic.gov.au/retrieveme ... a_id=72422 bottom of page 35.

http://www.fga.net.au/transportation-tr ... /i1028161/

And then to counter the above : http://ptv.vic.gov.au/getting-around/lu ... allowance/

Examples of such items prohibited from carriage on passenger vehicles include:

Flammable liquids and gases (petrol, kerosene, LPG, propane)
Firearms
Explosives
Corrosive or acidic chemicals
Cloakrooms

All very confusing :crazy:


Not confusing at all..... VLINE and PTV are simply taking the tards point of view in seeking to remove all firearms from their sphere of influence.... illegitimately.

I believe the PTV can not / should not exclude bona fide passengers travelling with firearms from trains, buses, trams... simply because "people will be afraid at seeing bad guns"

I had an exchange a year ago as follows that got to the expected point where they are wrong, realise and simply stop communicating. I found it incredibly infuriating that while they referred to the LAW they did NOT class firearms as dangerous..... they MODIFIED IT TO SUIT THEIR OWN PURPOSES!!! They took it upon themselves to define firearms as dangerous goods and deceptively using the cover of law, that doesnt apply to firearms, to exclude them from carriage;

--------------------------------
Miss Nuffnuff,
Thanks for the quick response, I appreciate it,

My query relates to not only train but also bus and metro travel,

I trust you will however be patient with me as I believe this is a serious concern;

With regard to your response, firearms are not dangerous goods, they are not defined as a dangerous good under the Act and there is no such regulation as the "Victorian Dangerous Goods Transportation Regulations 1987". There was a revoked Dangerous Goods (Transport) Regulations as well as a revoked 'Dangerous Goods (Transport by Rail) Regulations 1998'. The current regulation is the 'Dangerous Goods (Transport by Road or Rail) Regulations 2008' which neither makes reference or definition of a firearm as a dangerous item.

You have referred to a "2011 Victorian Fares & Conditions Manual" which I could not locate; I did however locate a 2014 issue 'Victorian fares and ticketing manual', is this the same or update document??

Within this document there is the reference to a firearm as 'Dangerous goods' and as such "likely to injure or endanger other persons" This definition appears arbitrary and incorrect, as it is the only reference where a firearm is referred as such. It is absolutely ridiculous (for the authors) to claim and then stipulate in a PTV manual that firearms, specifically unloaded and secured firearms in carriage represent a threat and "likely to injure or endanger other persons".

Please advise how and why this determination had been attained.

As it stands, I firmly believe this classification is unjustified and incorrect and request it be removed from the 'Victorian fares and ticketing manual'.

I further highlight, for information and consideration, that firearm licence holder are the most stringently regulated sector of our community, with firearm use and carriage licences the most difficult to obtain and a privilege most easily lost. The carriage of prohibited / illegal / unregistered firearms is an offence and controlled under the Firearms Act 1996 and associated regulations.

Thanks again.

Me


On Tuesday, 4 March 2014 4:51 PM, "Relations, Customer" <[email protected]> wrote:
Dear Me,

Thank you for your feedback regarding the transport of firearms on the V/Line train network.

I understand your frustration and the inconvenience this policy has caused you. I can confirm that you are unable under law to travel with your firearm even if it is not loaded and in a gun case.

I have included the relevant regulations that this policy is covered under for your reference below.

Dangerous goods & accompanied items

Reference: 2011 Victorian Fares & Conditions Manual

For the safety of conductors and customers alike, items likely to injure or endanger other persons are not permitted on V/Line services.
Dangerous goods as defined in the Victorian Dangerous Goods Act 1985 and the Victorian Dangerous Goods Transportation Regulations 1987 include the following items:

 Flammable liquids and gases (petrol, kerosene, LPG, propane)
 Firearms [[[<<--THIS DOES NOT APPEAR IN THE LAW YOU LIARS!!!!]]]
 Explosives
 Corrosive or acidic chemicals
 Live animals (excluding domestic cats & dogs in approved containers & Assistance Animal Pass holders.)
 Plants
 Biological wastes
 Perishable items
 Any item that emits foul odour or has the potential to leak fluids

Thank you for your feedback and I apologise that we are unable to allow you to travel with a firearm.

Yours sincerely,
Nuffnuff | Customer Relations Officer
For Customer feedback,
Information, Reservations and Sales
Please call 1800 800 007
http://www.vline.com.au

-----------------------------------------


to be continued.
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Re: Is it illegal to carry in the back yard now?

Post by North East » 06 Mar 2015, 7:55 pm

What the heck are you going on about?

This bloke was doing something illegal.
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Re: Is it illegal to carry in the back yard now?

Post by 1290 » 06 Mar 2015, 8:33 pm

North East wrote:What the heck are you going on about?

This bloke was doing something illegal.


Was he? I assume the charges are unregistered handgun....maybe theyve pulled out a disturbing the peace, disorderly crap to pin on him. But whatever they pin him with; we should let the courts decide on his guilt, hey...
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Re: Is it illegal to carry in the back yard now?

Post by Norton » 07 Mar 2015, 3:22 pm

Oldbloke wrote:Guitar case for public transort. Lol


Probably get charged for concealment or something :roll:
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Re: Is it illegal to carry in the back yard now?

Post by Oldbloke » 07 Mar 2015, 5:57 pm

It seems to me there is a lack of info/detail here. No obvious breach of any law. However as he was arrested perhaps we do not have all of the info?
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Re: Is it illegal to carry in the back yard now?

Post by Chronos » 07 Mar 2015, 6:37 pm

You cannot simply walk around with a handgun, it's on the range, in the safe or in transit. you can't say "It's ok that i was drink driving because it was late and there were no cars on the road"

he was breaking the law, he will be punished. job done. and if he was licenced all the worse, he brings us all negative media attention


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Re: Is it illegal to carry in the back yard now?

Post by Baronvonrort » 07 Mar 2015, 6:52 pm

If you click on the link in the OP there are 2 other links about that at bottom of page.

He was charged with having an unregistered handgun (air pistol), nothing mentioned on whether he had a licence.
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Re: Is it illegal to carry in the back yard now?

Post by Chronos » 07 Mar 2015, 6:56 pm

Baronvonrort wrote:If you click on the link in the OP there are 2 other links about that at bottom of page.

He was charged with having an unregistered handgun (air pistol), nothing mentioned on whether he had a licence.


sorry, maybe my words didn't come out right, if he was licensed it would have been worse for us.

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Re: Is it illegal to carry in the back yard now?

Post by Guliver » 07 Mar 2015, 7:36 pm

Chronos wrote:You cannot simply walk around with a handgun, it's on the range, in the safe or in transit.
Chronos

When am I meant to do maintenance? I often have guns stripped In my office whilst I carry out maintenance.
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Re: Is it illegal to carry in the back yard now?

Post by headspace » 07 Mar 2015, 8:46 pm

Regarding the business of transporting firearms on a PTV there was some reference to foul odours. Right! Who farted on the train? Up against the wall and spread 'em, oops better not.
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Re: Is it illegal to carry in the back yard now?

Post by AusC » 08 Mar 2015, 10:20 am

1290 wrote:This is certainly a load of crap.... but unfortunately the air pistol this fella was 'waving at the birds' was probably unregiistered, IN HIS MIND as well as the majority of lawful shooters IS NOT A FIREARM BUT A TOY, he probably owned it since he was a kid


That's all well and good (and I agree an air rifle is more a toy than a firearm) but it's been clear and well documented for many, many years that an air rifles/pistols are treated as 'firearms' in licensing, requirements and criminal contexts.

There have been multiple amnesties and opportunities to get it registered over the years in Victoria and he didn't.

Regardless of your/my/his opinion on how an air-arm should be regulated or not, he was foolish to do what he did.
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Re: Is it illegal to carry in the back yard now?

Post by AusC » 08 Mar 2015, 10:20 am

Guliver wrote:
Chronos wrote:You cannot simply walk around with a handgun, it's on the range, in the safe or in transit.
Chronos


When am I meant to do maintenance? I often have guns stripped In my office whilst I carry out maintenance.


That's not "walking around" is it.
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Re: Is it illegal to carry in the back yard now?

Post by Oldbloke » 08 Mar 2015, 1:52 pm

Mmmmm, I didnt see where it mentioned un licenced or un registered?
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Re: Is it illegal to carry in the back yard now?

Post by 1290 » 08 Mar 2015, 2:22 pm

I read the charges include unregistered handgun.... poor SOB didnt hurt anyone, didnt even leave his home... went out the back with a toy gun.... lets be honest, thats what it is.

He's now facing a maximum $88,566 fine or 7yrs prison. :clap: you go Vicpol, solved another major crime, keeping the streets safe :wtf:
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Re: Is it illegal to carry in the back yard now?

Post by heron » 09 Mar 2015, 11:05 am

Oldbloke wrote:Mmmmm, I didnt see where it mentioned un licenced or un registered?


I couldn't find after searching more on the article in Google either?
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Re: Is it illegal to carry in the back yard now?

Post by Baronvonrort » 09 Mar 2015, 2:19 pm

Click on the link in the OP then scroll down to the Herald sun link near the bottom of page that one tells you he was charged with having unregistered pistol
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Re: Is it illegal to carry in the back yard now?

Post by Point223 » 09 Mar 2015, 2:42 pm

Why the f$%# would anyone want to carry in their backyard unless you live on a property and trying to shoot animals.
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Re: Is it illegal to carry in the back yard now?

Post by anthillinside » 09 Mar 2015, 11:48 pm

Baronvonrort wrote:Click on the link in the OP then scroll down to the Herald sun link near the bottom of page that one tells you he was charged with having unregistered pistol

Yes thats what the article states, but is it FACT? 3 news articles only one with a charge stated.
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