Is A Bow And Arrow Illegal In NSW - The Loose Cannon By Simon Munslow | 5 May 2020

I have written previously about Weapons Prohibition Act 1996, and unfair results that can arise from its all-encompassing wording, which makes even the submarine pressure hull in the park at Holbrook, and WW1 trench art, prohibited weapons. (Schedule 1, 1A (1).

The prohibition of some of the items listed is understandable, however the definition of flick knife ‘a knife that has a blade which opens automatically by gravity or centrifugal force or by pressure applied to a button’ could be applied to many innocently owned folding knives where the screw between the bolster and blade has worked loose (Schedule 1 1(1).

A flame thrower is defined as ‘Any device that is of military design or any other device that is capable of projecting ignited incendiary fuel’- (Schedule 1, 1A (3).  So, a pressure can could be considered a flame thrower- so don’t try that James Bond trick any time soon.

Perhaps the most worrying is Sch 1 4(9) which prohibits:

‘Any device (regardless of composition) that is designed to propel or launch a bomb, grenade, rocket or missile by any means other than by means of an explosive, including a device known as a PVC cannon’.

Missile is not defined in the Act, but if one turns to the most commonly used interpretive aid in Australian Courts, the Macquarie Dictionary, it lists arrows as an example of a missile.

So, whilst clearly intended to target the PVC cannon- a tube used to fire frozen apples and oranges by using aerosol gas as a fuel, and a barbecue igniter as a trigger, (and which physics teachers love to demonstrate) captures the common bow and arrow.

I realise a lot of you are thinking at the moment, your daft, Game laws permit hunting with bows!

Yes, they do, but that does not mean that the bow is lawful!

You have to remember how much of an Ass the law can be!

Is this a mistake?  I do not think so.  This legislation has been written very broadly as a result of two things:

Policy Officers have not understood all of the permutations of weapon that could be involved, let alone quite possibly what they were seeking to prohibit, and there has been a desire to anticipate other types of devices, so the law has been written broadly.

The breadth of approach dovetails with another problem. Whether an offence has been committed or not often comes down to the interpretation of a Police Officer, and in some instances, the officer’s imagination, desire to protect the community from that imagination, plus the desire for a result.

Generally, Police do not go looking for this sort of prosecution, it would typically be by what a Police Officer considered a public order matter where someone had lodged a complaint, or a Policeman has wasted time attending your home in respect to an allegation of violence, or you have upset the officer, or for some other reason the officer is looking for a ‘result’.

Sadly, I see enough matters involving what I would class as petty criminal offences that to me should fall below a discretionary threshold decision of whether or not to be prosecute to cause me concern.

Should you go running off and lodge an application for a Prohibited Weapons Permit for a bow and arrow?

Here I can only speak for myself- and this is not advice- If I was just a bow hunter, I probably would not bother, but as a licenced firearms owner, I am particularly cautious about avoiding ANY breach of the law, including prohibited weapons legislation, because my firearms licence means so much to me, and a breach of the law for me, would have certain legal implications as a legal practitioner.

I am also conscious of an ‘attitude’ that some Police (thankfully not all) hold toward firearms owners and the impact of a culture of booking people in order to get a ‘result’, rather than the kind of community Policing / caution methodology used in other states that regards prosecution as a last resort.

If the Registry is concerned about a flood of Permit requests, from bow hunters, I make the following suggestion.

When I worked as a Regulatory Lawyer for the Commonwealth, we developed the concept of a Class licence, as a means of licensing everyone with certain types of equipment (ie CB radio) that we did not want to be bothered regulating. It worked well.

The logical choice here would be for the Commissioner to issue a Class Permit, that effectively grants a permit a device to certain types of prohibited weapon, which are held with a genuine reason for possession.

Another possibility would be a prosecution policy that removes low threshold offences from the realm of prosecution unless there is a significant aggravating factor.  The Director of Public Prosecutions in NSW has a clear policy in this regard, but I have been unable to find such a policy for Police.

The solution is quite easy- it just calls on some good will and common sense on behalf of regulators and a willingness to educate themselves about what they seek to regulate.

The outcome of such an approach would be that the public know where they stand, and at present, we do not.

Simon Munslow

National Firearms Lawyer
P: (02) 6299 9690
M: 0427 280 962
E: solicitor@bigpond.com
W: firearmslawyer.com.au

Simon Munslow is a lawyer who has a lifelong interest in shooting, having acquired his first firearm at the age of nine, and has had an active interest in firearms law since writing a thesis on the topic over thirty years ago at University.
Simon Munslow practices extensively in Firearms Law matters throughout Australia.

He is a regular contributor to the Australian Sporting Shooter magazine’s website on Firearms law matters, has published articles on firearms reviews and firearms law, and occasionally is asked to comment in the broader media on firearms matters.

This article is written for general information only and does not constitute advice.
He can assist you with:

Criminal law & Administrative law and in particular that related to Firearms

• All firearms, weapons and game charges
• Avoiding & setting aside Apprehended Violence Orders
• Possession of unregistered firearms
• Unsafe transportation & storage matters
• Applications for prohibited weapons
• License Appeals
• Freedom of Information / Government Public Access matters
• Importation & Customs problems
• Advices & opinions related to Firearms law matters

Useful Australian Wild Plants PDF.

https://research-management.mq.edu.au/ws/portalfiles/portal/62371575/Author+final+version.pdf

Former Australian fire chiefs say Coalition ignored their advice because of climate change politics Former heads of state fire services say government ‘fundamentally doesn’t like talking about climate change’

https://www.theguardian.com/australia-news/2019/nov/14/former-australian-fire-chiefs-say-coalition-doesnt-like-talking-about-climate-change

The science of drought is complex but the message on climate change is clear

Southern Australia, and in particular the southwest, has seen a rapid decline in winter rainfall and runoff that has been linked to climate change. In the southeast there has also been a substantial decline in winter rainfall and total runoff in recent decades. Although the reductions are consistent with climate change projections, the trend so far is harder to distinguish from the year-to-year variability.

There is some evidence to suggest that widespread and prolonged droughts, like the Millennium Drought, are worse than other droughts in past centuries, and may have been exacerbated by climate change.

https://theconversation.com/the-science-of-drought-is-complex-but-the-message-on-climate-change-is-clear-125941

How The NSW Government Has Turned Objects Into Time Bombs - The Loose Cannon

The dangers of producing legislation on whim, without adequate stakeholder scrutiny are clear to us all, but not apparently to the NSW Government. You see, we have a problem in NSW, where, every time the Telegraph writes about something, the Premier’s knee twitches, and another piece of ill-considered legislation that has been passed without due consideration and scrutiny is born.

I am acting for a shooter who had a grenade casing found during a safety inspection.  He was initially charged with an Explosives offence- and clearly this does not apply, as there was no explosive, or explosive precursor in the case.

He has now been charged with a Weapons Prohibition Act offence the relevant section being:

1A MILITARY-STYLE WEAPONS

(1) Any bomb, grenade, rocket, missile or mine or other similar device (such as a tear-gas canister) that is in the nature of, or that expels or contains, an explosive, incendiary, irritant, gas or smoke, and whether or not it is live, has been deactivated or is spent. 

For the purposes of this subclause, 
"bomb" includes a device known as an Improvised Explosive Device (or IED). 

(2) Any device intended for use by a military or defence force and that is designed to propel or launch a weapon referred to in subclause (1). 

(3) A flame thrower that is of military design or any other device that is capable of projecting ignited incendiary fuel. 

(1) Any object that substantially duplicates in appearance a weapon referred to in clause 1A (1), but not including an object that is produced and identified as a children's toy.

Let’s consider the case in point:

Police attended to seize firearms for unrelated reasons and ‘discovered’ a grenade shell casing. Grenade casings were until relatively recent times often sold at disposal shops in Australia.

When I was a boy, de-activated grenades were everywhere, and I used to play soldiers, throwing deactivated mill’s bombs and German stick grenades. 

It was good clean, safe exercise, we knew not to throw them at one another because they could do serious injury if one hit you with force, and if one dropped one on a toe whilst wearing thongs, bad bruising or bone breakage could result.

That was the sum total of the risk associated by their possession.

More recently, I have practiced law in Jerrabomberra, which is something of a Defence Service Homes ghetto near Canberra.  Soldiers in a pre-deployment phase are instructed to prepare wills, and often when visiting homes, I have seen similar grenade casings functioning as paper weights, or mounted as memorabilia of service on a stand with plaque.

Also caught, as the definition includes ‘expels’ or contains explosive’ would be a shell casing parked by grandpa’s front door and used by him as an umbrella stand, or the hapless relative who inherited it and has retained it to remember him by.

You can also add to those ‘guilty’ of offences under this artless expression of political ignorance the many thousands of good, harmless people who collect Trench Art made of deactivated weapons.

Also caught are those who have purchased one of the deactivated .50 Cal Browning casing (or look alike) bottle openers.  

What the government has done, is to criminalise being normal. 

But then they have a history of that don’t they? Remember gun laws that created a situation where we are now treated as criminals in waiting.

It is probably good that the net of politically correct persecution has broadened, because the more people who realise what this type of legislation does to the lives of good people who are charged with offences, the more politicians shall be forced to answer for the consequences at the ballot box.

What the Government has done is perform an act of legislative alchemy, by transforming a piece of old metal into a time bomb for its owner; politicians need to know that bombs have an interesting consequence, and it is often called collateral damage.

Simon Munslow

National Firearms Lawyer
P: (02) 6299 9690
M: 0427 280 962
E: solicitor@bigpond.com
W: firearmslawyer.com.au

Simon Munslow is a lawyer who has a lifelong interest in shooting, having acquired his first firearm at the age of nine, and has had an active interest in firearms law since writing a thesis on the topic over thirty years ago at University.
Simon Munslow practices extensively in Firearms Law matters throughout Australia.

He is a regular contributor to the Australian Sporting Shooter magazine’s website on Firearms law matters, has published articles on firearms reviews and firearms law, and occasionally is asked to comment in the broader media on firearms matters.

This article is written for general information only and does not constitute advice. 
He can assist you with:

Criminal law & Administrative law and in particular that related to Firearms

• All firearms, weapons and game charges
• Avoiding & setting aside Apprehended Violence Orders
• Possession of unregistered firearms
• Unsafe transportation & storage matters
• Applications for prohibited weapons
• License Appeals
• Freedom of Information / Government Public Access matters
• Importation & Customs problems
• Advices & opinions related to Firearms law matters

Read more at http://www.sportingshooter.com.au/latest/how-the-nsw-government-has-turned-objects-into-time-bombs-the-loose-cannon?utm_medium=email&utm_campaign=Newsletter%20-%20111019&utm_content=Newsletter%20-%20111019+CID_e1dcb3b8b8c58dc3d5d3b2a05879d568&utm_source=Email%20marketing%20software&utm_term=Government%20has%20magically%20turned%20inert%20objects%20into%20bombs#hAj9rFbaQC3tvTxJ.99

Coal Power Killing Australians.

Hi Keith,

We are pleased to announce that on Wednesday 21 November 2018, EJA will be releasing a report we commissioned into the health burden from air pollution due to electricity generation in NSW. 

This is the first report of its kind in Australia, despite decades of pollution belching from coal-fired power stations throughout Australia. The report has implications for millions of Australians.  

Be one of the first to hear about the findings direct from the author, Dr Ben Ewald an epidemiologist. During November, Dr Ewald will address a series of public forums in NSW. For details and to confirm you’re coming, click on the links below.

Sydney, 21 November, 6:30pm Glebe Town Hall 

Lake Macquarie, 22 November, 6:30pm Club Macquarie  

Newcastle, 26 November, 6:30pm Newcastle Town Hall 

Lithgow, 28 November, 6:30pm Uniting Church Parish Hall Lithgow  

Central Coast, 29 November, 6:30pm Wyee Community Hall
 

These forums are supported by the Nature Conservation of NSW, the Community Environment Network on the Central Coast, the Hunter Community Environment Centre, the Lithgow Environment Group and other local groups. 

As a trusted supporter, we will make sure you have a copy of the report delivered to your inbox as soon as it’s launched. We hope you can join us for the forum closest to home, and that you’ll help spread the word by sharing our events that advertise the forums. 

For clean air,  

EJA’s Clean Air team.  

PS: Don’t forget to share our submission with your networks that calls for stricter license conditions for coal-fired power stations.  

https://mailchi.mp/envirojustice/coal-fired-power-stations-killing-australians-learn-more-take-action?e=cc313e4d84

Grandfather, 83, left with smashed skull after brutal home invasion.

Barry Lawless, 83, was savagely bashed by a home intruder. Source: 7 News

https://au.news.yahoo.com/wa/a/37987998/grandfather-83-left-with-smashed-skull-after-brutal-bashing/

This is why our anti-self defence laws need changing. We are not legally allowed to purchase or carry ANYTHING for self defence, no pepper sprays, no tasers, & no guns. HOW are we supposed to protect ourselves & our families?! This is not a one off, these home invasions, attacks, killings & rapes are happening all the time & more frequently. The police can't protect us, and the government will NOT protect us or even give us the human right to protect ourselves.
Remember, when voting time comes, vote first for those that support the right to own guns for self defence, vote for pro gun candidates. Do NOT vote for the Liberals or Labor.

Help Dave get his guns back

David Dunstan is a farmer from the NSW town of Bungowannah.

At 3:30am on Thursday 14th September, a man armed with a knife and piece of wood knocked on his back door.

David grabbed his unloaded 22 rifle to confront him - aware that the man had earlier confronted one if his neighbours who scared him off with a hockey stick. Dave managed to convince the man to sit in his car and drive him to the police station, while his wife called the police.

The police met David halfway down his driveway and placed his unwelcome guest under arrest.

The problem is, the police paid David another visit later in the morning to take his guns off him!

We've been working with David to try and see what can be done.  So we're starting this campaign to help him hire a lawyer who specialises in NSW firearms legislation to get his guns back.

We'd like to go further - we reckon he should be compensated for the loss of his firearms, not for his benefit, but to make a stand against this type of treatment by NSW Police.

So please help our campaign to help David get the legal representation he needs - and score a win on behalf of all shooters.

Help spread the word!

 https://www.gofundme.com/help-dave-get-his-guns-back

Night time video of wildlife in Butterfly Valley By Keith H Burgess

Camera supplied by Pro Choice. ProsChoice.com.au
sales@proschoice.com.au

Using The Browning Trail Camera For Spotting Game By Keith H Burgess

Pros Choice Sydney: https://www.proschoice.com.au/
Email: sales@proschoice.com.au

Excessive rain fall expected in Qld & NSW !

Huge rainfall expected for the east coast in the next few days. If you live in an area prone to flooding, take precautions NOW! 

More info here: https://au.tv.yahoo.com/sunrise/video/watch/35547424/huge-rainfall-expected-for-the-east-coast/#page1

And here: https://au.news.yahoo.com/nsw/a/35548447/nsw-and-queensland-weather-months-worth-of-rain-to-pour-in-three-days/#page1
DO NOT try to drive through fast flowing waters at any depth. DO NOT attempt to drive through waters which are deeper than the wading depth of your vehicle. DO NOT let your kids play anywhere near flood waters. Check food supplies in your pantry & stock up NOW. Think about how you are going to boil water & cook food if you are flooded. Make sure you have plenty of safe drinking water on hand, flood waters may be polluted. Tie stuff down in your yard, these rains may be accompanied by strong winds.
Good luck everyone.
Keith.

News: Chaos in QLD as 80,000 without electricity & Floods in NSW.

7 News Image.

More Here: https://au.news.yahoo.com/nsw/a/34857898/flood-hit-nsw-residents-bunker-down/#page1

Can we expect more of this and worse in the future? Is this a part of climate change? Trump and Turnbull are putting the world in danger!

FIRE WEATHER to TORCH Europe and US world becomes giant tinderbox ready to IGNITE

The world is set for blazing fires of epic proportion which are anticipated to strike Portugal, Spain, France, Greece, Turkey and other tourist hotspots around the world, a new study has revealed.

Cities in southern Australia and western North America are also in the firing line. 

Researchers from the University of Idaho, South Dakota State University and the University of Tasmania forecast increasingly dangerous fire weather, as the globe witnesses and alarming increase of devastating fires. 

 More Information Here: http://www.express.co.uk/news/world/768225/fire-weather-Europe-US-torch-tinderbox-ignite-globe-inferno-deadly

Firearms Inspections By Police in your Home. Your Rights. Their Authority.

I don't know about you, but my experience with police officers coming into my house for the purpose of inspecting my firearms & their safe keeping has been a mixed bag. First & foremost the police know very little to nothing at all about any firearms other than service issue. This can be a big problem & it has cost me money & time trying to prove the police wrong & me right!

 Secondly the police come into my house thinking that I am guilty of breaking the law until proven innocent, this is blatantly obvious from their attitude towards me. They check out my house as best they can without going through cupboards & draws just looking for anything that may be used against me. NEVER leave a police officer alone in your house, they must be under observation at all times, & I recommend that you video their visit, especially when they are checking your safe keeping & your firearms. If you do not have a video camera, use a sound recorder. You do not have to hold this device in your hands so it is visible, you can set up the video camera or the recorder in the room where your gun safe is before the police arrive. Simply turn on before admitting them into your house.

http://www.sportingshootermag.com.au/news/know-the-law-when-police-seize-your-guns

http://www.cla.asn.au/News/criminal-incompetence-police-firearms/

http://www.goulburnrifleclub.com/firearms_faq_0507.pdf

http://www.police.nsw.gov.au/__data/assets/file/0020/194213/Safe_Storage_Inspections.pdf

https://www.ombo.nsw.gov.au/__data/assets/pdf_file/0017/25523/Review-of-police-use-of-Firearms-Prohibition-Order-search-powers-July-2015.pdf

Policing In Australia By Consent for the last 200 years? News to me!!!

Policing by consent is about the general public consenting to allow the police to work in their communities within certain guidelines. IF a majority of the general public should at any time decide that what the police are doing is not wholly beneficial to the public, then they the public can demand that the police make changes. That is how I understand it. So why is the Australian public allowing the police to "step over this line" without any complaint?! Wake up people, the right & the power is yours to wield!

Policing By Consent.

To prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment.

To recognise always that the power of the police to fulfill their functions and duties is dependent on public approval of their existence, actions and behaviour and on their ability to secure and maintain public respect.

To recognise always that to secure and maintain the respect and approval of the public means also the securing of the willing co-operation of the public in the task of securing observance of laws.

To recognise always that the extent to which the co-operation of the public can be secured diminishes proportionately the necessity of the use of physical force and compulsion for achieving police objectives.

To seek and preserve public favour, not by pandering to public opinion; but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humour; and by ready offering of individual sacrifice in protecting and preserving life.

To use physical force only when the exercise of persuasion, advice and warning is found to be insufficient to obtain public co-operation to an extent necessary to secure observance of law or to restore order, and to use only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective.

To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police, the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

To recognise always the need for strict adherence to police-executive functions, and to refrain from even seeming to usurp the powers of the judiciary of avenging individuals or the State, and of authoritatively judging guilt and punishing the guilty.

To recognise always that the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them.

Essentially, as explained by the notable police historian Charles Reith in his ‘New Study of Police History ‘in 1956, it was a philosophy of policing ‘unique in history and throughout the world because it derived not from fear but almost exclusively from public co-operation with the police, induced by them designedly by behaviour which secures and maintains for them the approval, respect and affection of the public’.

It should be noted that it refers to the power of the police coming from the common consent of the public, as opposed to the power of the state. It does not mean the consent of an individual. No individual can chose to withdraw his or her consent from the police, or from a law.

https://www.gov.uk/government/publications/policing-by-consent/definition-of-policing-by-consent

https://en.wikipedia.org/wiki/Peelian_principles

http://marxistleftreview.org/index.php/no6-winter-2013/97-coercion-consent-and-australian-policing

http://indymedia.org.au/2012/04/23/our-nsw-police-are-just-way-too-deadly.html

http://www.aipm.gov.au/wp-content/uploads/2014/06/Research-Focus-Vol2-Iss2-2014.pdf

https://www.ncjrs.gov/App/publications/Abstract.aspx?id=192675

http://www.findlaw.com.au/articles/4338/can-the-police-conduct-a-personal-search-without-a.aspx

http://www.cjrn.unsw.edu.au/node/92

http://aic.gov.au/media_library/publications/rpp/111/rpp111.pdf

Home Invasion (Occupants Protection) Act 1998 No 109

http://www.legislation.nsw.gov.au/~/view/act/1998/109/full

Our New Three Sisters Garden. Hugelkultur.

This season we are trying a slightly new garden method, just to see if it works. This will be our three sisters garden, corn, beans & squash. This method of making a garden bed is known as Hugelkultur .

I will be making a video of this later when the crops are up, but right now this is as far as I have got. I dug a trench first & filled it with garden refuge, cut grass & weeds, heavier tree trimmings on top of that, some old garden edging logs that we have replaced, then the soil on top. I did add some chook manure before adding the soil to help break down the refuse.
When I started mounding the earth, I soon realised that I was not going to have enough soil to cover the highest logs. I did not want to bring more soil from elsewhere or use our compost that we needed for our other garden beds, so I removed two of the top logs.

The two pumpkins are volunteers from last year.

Domestic Violence Leave. VIDEO.

Domestic violence is rife in Australia, please help stop it.

Keith.

Please Sign This Petition to have Primitive Muzzle-Loading Pistols placed on a B class licence.

https://www.change.org/p/members-of-the-legislative-assembly-of-new-south-wales-fair-and-sensible-firearms-legislation-for-muzzle-loader-users?recruiter=29128190&utm_source=share_petition&utm_medium=copylink

"To the Honourable the Speaker and Members of the Legislative Assembly of New South Wales in Parliament assembled".

PARLIAMENT OF NEW SOUTH WALES.

Parliament House
6 Macquarie Street,
Sydney, NSW 2000.

assembly@parliament.nsw.gov.au

The Petition of Keith H. Burgess.
President of the New England Colonial Living History Group.

Brings to the attention of the House the matter of firearms licensing in relation to muzzle-loading pistols (percussion locks excluded).

At this present time, working replica (replicas of original 17^th and 18^th century antique muzzle-loading pistols) muzzle-loading pistols of the lock types matchlock, wheellock, tinderlock, doglock, snaphance, and flintlock can only be owned by a person possessing a category H gun licence, and these pistols can only be legally fired on a registered gun range. This requirement excludes the use of these antique replicas for Living History and Historical Re-enactment purposes. It also excludes the use of these antique replicas for use as a back-up safety for muzzle-loader hunters hunting on private property who are hunting with single shot muzzle-loading rifles or smoothbores.

Historical Re-enactment groups and Living History organisations have re-enactment rules which preclude the use of live ammunition and preclude the use of a ramrod during any and all re-enactment displays. There is also a permit requirement; this permit is for historical re-enactment organisations wishing to conduct an historical re-enactment event involving the possession and use of firearms by participants. Clause 61 - Firearms Regulation 2006.

Replicas of muzzle-loading pistols of the lock types mentioned are slow to load and require a good deal of knowledge and training to ensure the workability of this type of gun. Ignition even when used by a competent person can not be guaranteed. Therefore these muzzle-loading guns are not suitable for criminal use.

The undersigned petitioners therefore ask the Legislative Assembly to change the licensing requirement for these replica antique muzzle-loading pistols (percussion locks excluded) from the present category H class licence to the category B class licence.

PLEASE SIGN my petition: Fair and sensible firearms legislation for muzzle-loader users.

https://www.change.org/p/members-of-the-legislative-assembly-of-new-south-wales-fair-and-sensible-firearms-legislation-for-muzzle-loader-users?recruiter=29128190&utm_source=share_for_starters&utm_medium=copyLink

"To the Honourable the Speaker and Members of the Legislative Assembly of New South Wales in Parliament assembled".

PARLIAMENT OF NEW SOUTH WALES.

Parliament House
6 Macquarie Street,
Sydney, NSW 2000.

assembly@parliament.nsw.gov.au

The Petition of Keith H. Burgess.
President of the New England Colonial Living History Group.

Brings to the attention of the House the matter of firearms licensing in relation to muzzle-loading pistols (percussion locks excluded).

At this present time, working replica (replicas of original 17^th and 18^th century antique muzzle-loading pistols) muzzle-loading pistols of the lock types matchlock, wheellock, tinderlock, doglock, snaphance, and flintlock can only be owned by a person possessing a category H gun licence, and these pistols can only be legally fired on a registered gun range. This requirement excludes the use of these antique replicas for Living History and Historical Re-enactment purposes. It also excludes the use of these antique replicas for use as a back-up safety for muzzle-loader hunters hunting on private property who are hunting with single shot muzzle-loading rifles or smoothbores.

Historical Re-enactment groups and Living History organisations have re-enactment rules which preclude the use of live ammunition and preclude the use of a ramrod during any and all re-enactment displays. There is also a permit requirement; this permit is for historical re-enactment organisations wishing to conduct an historical re-enactment event involving the possession and use of firearms by participants. Clause 61 - Firearms Regulation 2006.

Replicas of muzzle-loading pistols of the lock types mentioned are slow to load and require a good deal of knowledge and training to ensure the workability of this type of gun. Ignition even when used by a competent person can not be guaranteed. Therefore these muzzle-loading guns are not suitable for criminal use.

The undersigned petitioners therefore ask the Legislative Assembly to change the licensing requirement for these replica antique muzzle-loading pistols (percussion locks excluded) from the present category H class licence to the category B class licence.