https://www.facebook.com/pbaimportsau/posts/1450973111604043 Dear Paul.
I refer to our various conferences of even date concerning the brand new “National Firearms Agreement” of 16 February 2017 (“The February 2017 NFA”)
I am of the view that the “February 2017 NFA” makes illegal handgun disciplines other than those handgun disciplines that form part of either the Olympic Games or the Commonwealth Games.
There has been a significant omission from the February 2017 NFA, which formed part of the original National Firearms Agreement dated 10 May 1996, through the removal of the words “or World Championships” from the definition of “Genuine Reason” to apply for a handgun license. For ease of reference, I will refer to the original National Firearms Agreement as the May 1996 NFA.
Clause / Item 3 of the May 1996 NFA set out the various “Genuine Reasons” for owning, possessing or using a firearm.
The first bulleted dot point on page 3 of that agreement prescribed:
“Sporting shooters with valid membership of an approved club (defined as participants in showing sports recognised in the charters of such major sporting events as the Commonwealth Games, Olympic Games or World Championships).;
Paragraph 7 of the February 2017 NFA prescribes the following:
“Jurisdictions will restrict the importation, possession and use of handguns for sporting purposes to individuals meeting recognised sporting shooter classifications in the Olympic and ` Commonwealth Games and for other accredited events that meet the conditions in paragraph 14(c)).”
Paragraph 14(c) of the February 2017 NFA prescribes the following:-
“Handguns with a calibre greater than .38” but no greater than .45” are permitted only where shooters are competing in the two accredited events knows as Metallic Silhouette and Single (Western) Action.”
Of Concern are the following:-
A) The International Practical Shooting Confederation (“IPSC”) discipline is neither an Olympic Sport or a Commonwealth Games Sport.
B) The National Rifle Association (“NRA”) discipline is neither an Olympic Sport or a Commonwealth Games Sport.
C) The “Service Pistol” Events administered by “Pistol Australia” (25 yard service, 50 yard service and WA 1500 events) are neither Olympic or Commonwealth Games sports.
D) 50 meter “Free Pistol” is no longer an Olympic Sport.
E) “Double Trap” (Shotgun) is being removed from the next Olympic Games in Tokyo.
ALL of these events are shot at a World Championship level and are heavily patronised by Australian Shooters.
My view is that paragraph 7 of the February 2017 NFA makes possession and use of handguns in events that are not Olympic or Commonwealth Games Sports now illegal. None of the IPSC, NRA or Service Matches are mentioned in paragraph 14(c) of the February 2017 NFA.
In my view, urgent overtures need to be made at a Commonwealth and State Political Level to amend paragraph 7 to reinsert the “World Championships” clause from the May 1996 NFA OR include the IPSC, NRA, Free Pistol and Service Pistol disciplines in paragraph 14(c).
To these ends, I strongly recommend calling an urgent meeting of the “Dealers’ Association” as well as alerting “Pistol Australia” to the ramifications of paragraphs 7 and 14(c) of the 16 February 2017 NRA to their participants.
Similarly, urgent and immediate attention and action needs to be taken at both a State and Commonwealth Political Level. It is my experience that if this is only confined to attempting to deal with the NSW regulatory body without Political involvement, the affected disciplines will cease to exist.
To these ends, I recommend urgent correspondence with Federal Senator David Leyonhjelm, the NSW Shooters and Fishers Party and other sympathetic political entities.
Additionally, all must think of the ramifications of this new NFA - are the various governments going to compensate owners of firearms AND owners of firearms businesses for the massive losses that will flow from this new NFA?
There also seems to have been no consultation of the affected persons. Perhaps this is reticent of the ill fated Grey Hound ban as recently abandoned by the NSW parliament. That result was only achieved with both Political and Public pressure. To these ends, all affected persons and clubs should be mobilised into action.
Kindly refer to the writer should any points of clarification be necessary.
W.J Wilcher
Barrister.
HB Higgins Chambers
Level 6, 82 Elizabeth Street, Sydney.
20 February 2017