Great topic, been watching and reading with interest!.
To summarise, is the following definition the only section from the Act which may be drawn on when determining that a firearm may be "prohibited", changing a Cat A/B firearm to a Cat E if it's <750mm in length parallel to the barrel at any point in time i.e. folded stock?
- Cat E.png (31.87 KiB) Viewed 8068 times
Does this vague clause make Cat A/B firearms Cat E when <750mm in length in one or more of the following scenarios;- Break actions (Shotguns, Rifles) measuring <750mm when folded i.e. when transporting, reloading or cleaning.
- A firearm with it's stock removed for various reasons.
- Upper/Lower receiver separation or full chassis, action breakdown for cleaning purposes.
- Barrel swap, upper receiver swap.
It's interesting to note that a Cat A "Airgun" seems to slip past this <750mm clause as it is not defined as being a "shotgun or rifle" as per Cat E definition.So how do we interpret the Act in reference to folding stocks??? - Is it simply the firearms length at any given time if <750mm it is prohibited; or
- Is it assumed that 750mm is only relevant when the firearm is in full functioning fire ready mode given the aforementioned examples; or
- Is it simply a section of the act that's been misinterpreted by all and sundry and it's literal meaning is "any Shoutgun or Rifle measuring <750mm in it's fully opened, designed operational position is a Cat E"
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A question that's come to mind recently is whether the
Law Tactical Folding Stock Adapter can be used in Victoria on the
Oceania Precision Cat B SP15-TAC as it will render the firearm <750mm in length while in the folded state.
The benefits of the adapter are;- Boresighting, eliminating unsafe stray rounds
- Barrel cleaning while in the field
- Portability backpack/field rifle akin to a Break Action open when in the fully folded position.
The SP15-TAC has a spring assisted bolt carrier which extends into the buffer tube engaging with the buffer spring to function/cycle, with the stock in the folded position the firearm is rendered inoperable until it has been fully un-folded particularly as the bolt lever is concealed and inaccessible while in the folded position also meaning it still cannot be cycled until un-folded.
A distinction between the Law Tactical adapter and the MDT adapter is that the MDT is still fully functional when in the folded position.
- Law Tactical Folder.jpg (371.8 KiB) Viewed 8068 times
- MDT Folding Adapter.jpg (180.3 KiB) Viewed 8068 times
A Devil's Advocate ScenarioLRD do a spot inspection, notice SP15-TAC has been fitted with the folding stock adapter which would make rifle <750mm while in folded position, they question if firearm owner is an approved CAT E license holder, they are not so LRD deem the firearm prohibited.
A challenge could be made in that the rifle is currently in the fully un-folded position so therefore is not currently <750mm and therefore is not in the alleged "Cat E" state and that it's primary purpose is when used in conjunction with/when the upper has been removed from the lower with the stock folded for transportation reasons (i.e. aeroplane luggage etc). The LRD officer would only need to look in the safe and beside it is a .410 Break Action shotgun fully folded and <750mm, beside the .410 is a .12g with it's barrel removed for stowage reasons it's also currently <750mm in this state then beside .12g is a .222 with it's stock removed waiting for a new lightweight chassis to arrive, it is also <750mm. Last but not least there's a .45-70 with a stock that recently broke and sheared off making it well below 750mm while it awaits a new wooden stock.
So it seems there's plenty of conflicting scenarios that challenge this CAT E clause and it's true intent requires clarification in that is it merely intended to STOP firearms from being <750mm while in their it's fully operable state?