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The Facts
Licensee issued with a firearms licence
The licensee was the holder of a firearms licence issued under
the NSW Firearms Act.
The licence was issued in 2011 with an expiry date in 2017 and
was for recreational purposes such as sport, target shooting,
hunting and vermin control.
Licensee's firearms licence revoked following execution of
search warrant
In 2012 the police executed a search warrant of the
licensee's home and seized a number of items. These included a
rifle fitted with a stock and a 3D printer which was thought to be
used to manufacture weapons.
The police then revoked the licensee's firearms licence on
the grounds that it was not in the public interest for him to
continue to hold such a licence.
Licensee seeks reinstatement of firearms licence
The licensee made an unsuccessful application for internal
review of this decision, after which he lodged an application for
review by the NSW Civil and Administrative Tribunal.
The tribunal ruled in favour of the police and the licensee
appealed to the tribunal's appeals panel.
case a - The case for the Commissioner of Police
case b - The case for the licensee
The licensee has engaged in behaviour that poses a risk to
public safety.
He was in possession of a rifle which had a stock fitted to it
that was designed to operate telescopically. This was a prohibited
firearm under the firearms legislation.
The licensee says that he made modifications to the stock to
stop it from being used telescopically, however our expert was
still able to do so.
Although the licensee's licence did not authorise him to
manufacture or attempt to manufacture parts for firearms, he
nevertheless attempted to manufacture a magazine with a capacity of
more than ten rounds using his 3D printer. Had he succeeded, the
resulting firearm part would have been a prohibited weapon.
As Commissioner of Police, I have the power under the firearms
legislation to revoke a licence if satisfied that it is not in the
public interest for a person to continue to hold that licence.
It is clearly not in the public interest for this licensee to
continue to hold a licence, given his possession of the prohibited
firearm and his nefarious 3D printing activities.
The appeals panel must reject the licensee's appeal and
uphold the revocation of his firearms licence.
It's true that my rifle stock was designed to operate on a
telescopic basis. In order to move the stock in that fashion, the
"pin" that locked it in the position needed to be pulled
in a downward motion. However, I made alterations to the pin and
inserted cardboard around the pin to prevent the telescopic action
from being readily engaged.
These modifications were in place at the time the police seized
my rifle, so I was not in possession of a prohibited firearm.
Nor was I attempting to make firearm parts with my 3D printer.
The items identified in the evidence to support this theory were
scale models, were not functional due to their incompleteness and
the plastic used for printing was not of a suitable quality to
produce a functioning part.
Since I did not possess a prohibited weapon and I did not act
unlawfully in using my 3D printer, the Commissioner of Police was
wrong to revoke my licence on public interest grounds.
It follows that the appeals panel must reinstate my
licence.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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