Clay target shooting on rural property - NSW

[mitchamus]

So - just got told by the local Constabulary that shooting clay targets on a rural property would result in loss of licence for 10 years.

Official line was that you are only allowed to do this at a registered club.

Given the range of clay launchers and boxes of clays at my LGS - I wonder if everyone else in NSW knows this?

[mausermate]

Yes, this is a very interesting subject and one many are not aware of.

Part 8 of the Firearms Regulations 2006 relates to the approval of shooting ranges. Specifically Clause 85 (1)(a) which states:-

85 Offences relating to shooting ranges
(cf 1997 cl 71)
(1) A person must not:
(a) operate a shooting range unless it is an approved shooting range, or
(b) operate an approved shooting range in contravention of any condition to which the approval is subject, or
(c) allow any other person to use a shooting range unless the shooting range is an approved shooting range.
(2) A person must not use a firearm on a shooting range unless the range is an approved shooting range.
(3) A person must not possess or use a firearm on an approved shooting range in contravention of any condition to which the approval is subject.

The only exemptions to the above relate to Police, Corrective Services, some Government agencies and the military.

This is the law in NSW. Laws in other states vary.
It is a little grey what a "shooting range" is but firing excessive rounds, at clay targets, with a group of other shooters would be pretty much a range IMO and therefore illegal unless that range was approved.
Firing a couple of rounds to test a gun, on your land, in a safe manner, may not be deemed as a shooting range.
If in doubt, always best to check with the State firearms registry.

[mitchamus]

surely 'shooting range' implies that you are operating it as a business or club etc.... right?

[mausermate]

surely 'shooting range' implies that you are operating it as a business or club etc.... right?

No Mitch! that is not right.

What is a shooting range?
A shooting range is defined as an area, provided with a firing line, targets and a stop butt, for the controlled practice
of shooting and is inclusive of the range danger area template. An approved shooting range is a shooting range
approved by the Commissioner of Police pursuant to Part 8 of the
Firearms Regulation 2006
.
A shooting range is a specialised facility designed for firearms practice and competition events. Shooting ranges may
be indoor or outdoor and are restricted to certain types of events and firearms. In NSW, a shooting range is approved
by the Commissioner of Police, subject to certain conditions, with public safety being paramount.
Outdoor shooting ranges are often used for longer distance shooting competitions and the location of the land, the
demographics of the land and ownership of adjoining land should all be taken into consideration when selecting a
site.
Outdoor shooting ranges are backed by a stop butt or backstop, which may be a high retaining wall, an earth mound,
sandbags, or specially designed traps to collect fired projectiles and prevent the ricochet of bullets, or bullets
traveling outside the bounds of the range.

Basically, a range is a range.

Following are some questions I sent and answers I recently received from the NSW Firearms Registry.
This is an exact copy of my email so I hope it is okay moderators.

MMThe definition of a Shooting range seems to be a little broad. However, I notice the words "controlled practice" and "Specialized facility"
I would consider this to mean that an individual practicing on an unapproved specialized facility/range would be illegal. In other words, if you set up an area specifically for shooting and started practicing without consent of the Commissioner you would be in breach of the law.

FR. That is correct. You can not use an unapproved range at all.

MMI would therefore consider, sighting in or testing a firearm uncontrolled in a non specialized area on private land would not be performing an illegal activity in NSW. If a person went up the back paddock and fired a few shots to check their hunting rifle was sighted in or fired a few reloads to test they were okay this would be permissible.

FR. That is correct. You may sight in firearms on rural land with permission of the lawful owner/person legally entitled to give such consent. (This is considered to be not the norm however after the inclusion of Clause 31 authorizing certain licensed shooters to sight in on approved ranges) It must be remembered that this is for the purpose of sighting in and not target practice. As such shooting excessive rounds would be a determination made on investigation by police which may be determined as not complying with the genuine reason for which a firearms license was originally obtained.

[whert]

surely 'shooting range' implies that you are operating it as a business or club etc.... right?

Nope.

In VIC it's as little as a 'fixed structure' for the purposes of target shooting. Might be different wording, but more or less the same result in other states too afaik.

When you sight in here you're supposed to stick up a temporary target.

If you have a permanent target setup to shoot at, or a bench etc. to shoot from, technically that's a "range".

[Monty]

This is an exact copy of my email so I hope it is okay moderators.

When sharing conversations like this it's best - moderator opinion - to edit out the other parties details and contact information as they haven't given permission for their correspondence to be shared. (You'd done this already so all good )

Just good etiquette, IMO.

[veep]

If you have a permanent target setup to shoot at, or a bench etc. to shoot from, technically that's a "range".

Gotta find an old tree which has some nice even rings around a knot on the side of it

No target officer, it's a tree!

[Seconds]

As such shooting excessive rounds would be a determination made on investigation by police which may be determined as not complying with the genuine reason for which a firearms license was originally obtained.

How often do you reckon that would swing in your favour?

[Vati]

It would like up with the weather forecast of snow in hell I think

[FuzzyM]

If you have a permanent target setup to shoot at, or a bench etc. to shoot from, technically that's a "range".

Gotta find an old tree which has some nice even rings around a knot on the side of it

No target officer, it's a tree!

The council here where I live would have you summarily executed for shooting a poor helpless tree

[veep]

Many a tree stump has fallen victim to me sighting in my rifles!

Mwa ha ha hah ahah!

[Jerry]

I want to shoot Clay Targets on my FARM in NSW
NSW Firearms registry say use Clause 31 see below
Target shooting is permitted only at an approved range with approval of Target Shooting on your licence.

It is prohibited in NSW to use firearms for target shooting activities (inclusive of clay target devices) on a rural property.



"SHOW ME WHERE IN THE ACTS & REGS IT SAYS THAT.'







We insist you cease this activity immediately as your participating in clay target activities on your private rural land is breaching the Authority & Conditions on your NSW Firearms Licence.



My NSW firearms licence is approved for Both Target Shooting & Recreational Hunting and Vermin Control..





Next they tell me that clause 31 of the regs applies to me ..ok please note that #31 states that I can practice on moving Targets.



see below



In response to your query about 'sighting in' on private property, please note that we cannot provide you with legal advice however, we can provide the following information.

Individual firearms licence holders who are authorised for Primary Production or Recreational Hunting/Vermin Control do not breach legislation by testing a firearm, testing firearm/ammunition combinations and sighting-in firearms on private property.

It should be noted however, that Primary Production and Recreational Hunting/Vermin Control licence holders are permitted to sight-in firearms both on an approved range and on property where they have permission to shoot.



Clause 31 of the Firearms Regulation 2006 clearly defines which activities constitute sighting-in and it also makes it explicitly clear what you cannot do under the guise of sighting-in.



Although clause 31 applies to sighting-in on an approved range, the same principles apply where persons sight-in on private property.





so lets look at Clause 31



(b) in the case of a shotgun—patterning the shotgun, which includes the adjusting or aligning of the shotgun, familiarisation with or testing of ammunition and practising on stationary or moving clay targets.

[Bourt]

In response to your query about 'sighting in' on private property, please note that we cannot provide you with legal advice however, we can provide the following information.

Who did you get that response from?