by Boundry Rider » 14 Jun 2022, 12:03 am
Seems the grey area is buried well deep in this legislation regarding reloading.
So police have been advising Dealers that there is no need to prosecute reloaders if they only load their own calibers. However I am considering sending this suppositum to a firearms legal firm:
16A. Firearm Licence
A Firearm Licence entitles the holder to possess, carry and
lawfully use —
(b) ammunition for that firearm
However: Lawfully use does not deal with an equitable authorization for "Firearms activity authorized by a license"
23AF. Participating in unauthorised manufacture, repair or
dealing in firearms and other things
(1) In this section —
firearms activity means —
(a) the manufacture of a firearm, major firearm part,
prohibited firearm accessory or ammunition
Therefore:
23AF. Participating in unauthorised manufacture, repair or
dealing in firearms and other things
(2) A person commits a crime if —
(a) the person participates in a firearms activity; and
(b) the firearms activity is not authorised by a licence under
this Act.
Notwithstanding: a whole another clause which basically says the same thing.
23AC. Unauthorised manufacture of firearms and other things
(1) A person who manufactures a firearm, major firearm part,
prohibited firearm accessory or ammunition commits a crime
unless the person is authorised by a licence under this Act to do
so.
Penalty for this subsection: imprisonment for 14 years.
(2) This section applies whether or not the firearm, major firearm
part, prohibited firearm accessory or ammunition is, or could
form part of, a functioning firearm, major firearm part,
prohibited firearm accessory or ammunition.
So as the license as described in section 16A does not specify that the licensee is authorized to paricipate in "Firearms Activity "as described in section 23AF(1) there is no other interpretation other than Firearms activity and all its contents is unauthorized.
A magistrate will refer to the fact that in 16H(1), the only place in the whole act that mentions manufacturing ammunition is by having a dealers license:
16H. Manufacturer’s Licence
(1) A Manufacturer’s Licence entitles the holder, on the premises
named and identified in that licence, to —
(a) manufacture firearms, major firearm parts or
ammunition of the kind specified in that licence
I expect that people will believe that the good ole' WAPOL will go easy on LAFO however the insertion of "Firearms Activity" in the license description wouldn't have been that difficult would it? Smoke and Mirrors? Don't forget this one sneaked into the amendments, the bold red is deleted in the new act.
23(9) A person commits an offence if the person:
(e) being responsible for the storage of any firearm, major
firearm part firearm or ammunition, refuses to permit a
member of the Police Force to inspect the storage
facilities provided, at a reasonable time.time after such
an inspection is requested in writing by the member of
the Police Force,
Now without going into debate about grammar and what constitutes ammunition components (look in firearms precursor 23AF(1) and definitions 4 if you like) in this current amendment, what is expected of the complete re write in 2023?
Escaped WALcatraz