Readers will recall in my previous article; I spoke of the requirements under Clause 28B of the Firearms Regulation 2017 regarding the storage of firearms at inhabited dwellings. In this article, I will expand on other requirements under this Clause that readers need to be aware of.

Clause 28B(2) provides that a licence or permit holder must not store a firearm on premises other than a dwelling, for example in a shed on the same property as the dwelling, unless:-

• The premises are in proximity to an inhabited dwelling that allows the premises to be easily observed by the licence or permit holder, or by a person on behalf of the licence or permit holder, for the inhabited dwelling, or

• The holder is a licensed firearms dealer and the premises are commercial premises from which the holder carries on the business of a firearms dealer.

If you wish to store your firearms on premises other than a dwelling, Clause 28B(3) makes it possible, provided:-

• The firearm is stored in an approved safe, and

• Are fitted with a trigger or barrel lock that prevents the firearm from being discharged, and

• Secured individually on, or in a locked device within the safe, and

• The safe is fitted with an approved alarm that is monitored off-site, and

• The premises on which the firearm is stored have an intruder alarm and duress facilities that are monitored off-site.

So, you can store your firearm/s in another building on a property if it is in sight of a person in the dwelling as the inhabitant, or if the dwelling is not inhabited or is not a dwelling, the last 5 dot points are complied with.

Lapsing Interim Apprehended Domestic Violence Orders (ADVOs)

The Local Court of NSW has established a Specialist Family Violence List which operates in the following courts under its Pilot Program:

• Downing Centre

• Blacktown

• Newcastle

• Gunnedah circuit, excluding Tamworth and Moree circuits

• Other courts at the Chief Magistrate’s discretion

Apprehended Personal Violence Orders (APVOs) are excluded.

If there is a stand-alone application for an ADVO (meaning there are no associated charges) and the court considers it appropriate, it can impose a Lapsing Interim Order (LIO). This is an alternative to a final order.

If considered appropriate, the LIO will be adjourned for a period at the court’s discretion and, if there are no breaches of the order during that period, the ADVO application may be withdrawn and dismissed. If the defendant agrees to undertake counselling or other intervention during the adjournment period, this will be taken into account by the court when the matter returns to court.

The benefit to firearm licence holders is that if they are subject to a LIO which is ultimately withdrawn and dismissed, they avoid the mandatory revocation of their licence and 10-year ban from re-applying. Whilst it is still at the Commissioner’s discretion whether a revocation is issued, it provides the licensee with avenues of appeal through an Internal Review and if unsuccessful, by administrative review to the NSW Civil & Administrative Tribunal (NCAT).

THE INFORMATION CONTAINED IN THIS ARTICLE IS GENERAL IN NATURE AND SHOULD NOT BE CONSIDERED LEGAL ADVICE.

Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers are able to provide legal advice regarding all firearms and other Police related matters.

Contact us via phone (02) 9531 0322

Contact us by email at info@mainstonelawyers.com.au

The post Mainstone Lawyers appeared first on SSAA NSW.

I have been approached by a number of people in recent times regarding the storage of firearms at premises that are only used or visited on a part-time basis. This is due to the Police taking action against them for storing their firearms in an uninhabited dwelling.

Readers need to be aware of the requirements of Clause 28B of the Firearms Regulation 2017, which states that the holder of a licence or permit must not store a firearm in a dwelling unless it is an inhabited dwelling.

In this regard, the definition of an “inhabited dwelling” in relation to the storage of a firearm means a dwelling that is the principal place of residence of a person, whether or not the person is the holder of the licence or permit, or a dwelling at which a person resides while the firearm is stored there, whether or not the person is the holder of the licence or permit.

Sounds a bit confusing, I know, but in essence it means you can store your firearms at another person’s residence provided it is their principal place of residence, or if it isn’t their principal place of residence, it can be stored there when the person is residing there. This, of course relates to circumstances where a licence holder is storing their firearm at “another person’s” residence.

However, this is not what the queries are about. It is more where, for example, a person resides in Sydney, but has a rural property that they like to “get away” to and perhaps do some recreational hunting and vermin control every now and then. The rural property is uninhabited when the owner is not there and back in Sydney, but they leave their firearm/s there for when they return. This is where the problem arises as the rural property is uninhabited during their absence.

Police are cracking down on this situation and the Regulation carries a maximum penalty of $5,500.00 if the firearm is a prohibited firearm or pistol and $2,200.00 in any other case. It generally comes to the notice of the Police when an uninhabited rural property is broken into and firearms are stolen, albeit they are properly stored in a gun safe and the owner only becomes aware of it on their next visit to the property.

So, please acquaint yourself with Clause 28B, as a breach of it could result in court proceedings and the revocation of your licence.

THE INFORMATION CONTAINED IN THIS ARTICLE IS GENERAL IN NATURE AND SHOULD NOT BE CONSIDERED LEGAL ADVICE.

Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers are able to provide legal advice regarding all firearms and other Police related matters.

Contact us via phone (02) 9531 0322

Contact us by email at info@mainstonelawyers.com.au

The post Mainstone Lawyers appeared first on SSAA NSW.