The Use Of
Firearms By Minors Australia - The Loose Cannon
Showing posts with label firearms registry. Show all posts
Showing posts with label firearms registry. Show all posts
Monday, March 2, 2020
The Use Of Firearms By Minors Australia - The Loose Cannon
Labels:
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gun laws,
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Friday, October 11, 2019
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:
(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).
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
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.
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:
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
• 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
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Location:
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Tuesday, July 10, 2018
More Lies and Misinformation from Gun Control Australia!!!
"But the fact is that the laws put in place after the Port
Arthur gun massacre have been steadily chipped away for decades through
pressure on politicians by a well-resourced, well-connected NRA-style gun lobby
here in Australia."
Samantha Lee, Director of Gun Control Australia (GCA).
As I understand it there has been no weakening of our present gun laws in Australia, & from what I understand, the blame for this last shooting where a father shot his two teenage children lies with the NSW Firearms Registry & a certain gun club, both failed to follow proper procedure & because of this a person who should not have been allowed to own a gun was in fact issued with an "H" class restricted gun licence!!! But who will pay the price for this incompetence? Well us of course, the law abiding licenced gun owners of Australia!!! And what are we going to do about that? Well nothing of course, this is Australia not America!
I have in the past started two petitions regarding poor firearms policy that I wanted changing, & very few licenced gun owners could be bothered to sign those petitions. So, the ball is now in your court. You can continue to sit back & say "she'll be right mate" & lose further freedoms & human rights, or you can get off your backsides & start petitioning the government & fighting for our Human Rights!
"Gun Control Australia (CGA)" may well be concerned with public safety, but the problem is that they know very little if anything about firearms, & they can't see past their mandate to disarm law abiding licenced gun owners. Instead of looking at the problem sensibly & using some common sense, they continue down the same path, inconveniencing law abiding licenced gun owners & ignoring the fact that criminals will ALWAYS HAVE GUNS!
Gun violence like any other violence is a societal problem, & it will not be solved with further inadequate pointless gun control. We, the law abiding gun owners are doing all we can, we have our guns locked up, even though it means that land owners can no longer do their job of controlling feral animals properly & protecting our livestock. The predator is long gone by the time we get the gun safe keys, unlock the safe, unlock the other safe with the ammunition, & get out of the house!!! What you could be doing though is writing a decent sensible policy for the control of firearms that works for everyone concerned. We can't do the impossible, we can't stop criminals from committing crimes, but we could make sure that the penalties for criminals using guns FIT THE CRIME! We could fix all the useless mistakes in the present firearms legislation, & we could petition for some decent sensible self defence laws!!!
People need to stop depending on the government & the police service for their own safety & the safety of their families. We NEED to be able to protect ourselves. Those two teenagers should have been able to defend themselves, their Mother should have been able to protect them, but our present laws made this ILLEGAL!!! Possessing any
object specifically for the purpose of self-defence, lethal or non-lethal, is a
criminal offence in Australia. There are many women, raped and/or murdered, who
would have been liable to prosecution had they been carrying anything that
might have saved them.
https://www.dailytelegraph.com.au/news/opinion/an-assault-on-our-right-to-selfprotection/news-story/f743f8b76f21a586a6efb2396c9b2f8d
I suggest you all stop talking about these unjust laws & do something about it. Samantha Lee said we have "a well-resourced, well-connected NRA-style gun lobby here in Australia", she is wrong!!! We don't have anyone who is powerful enough to reverse the present gun laws or to stop further unjust useless gun laws. We need to take responsibility & do something about this before it is too late!!!
Monday, February 12, 2018
Owen Guns Bulletin February Edition 141, 2018
Thoughts For The Week.
“What you do in your lifetime will echo down through eternity”,
Marcus Aurelius
Marcus Aurelius
For the last two weeks our NBN, (No Bloody Network) has been causing
us immense disruptions to our normal business. Apparently, it has affected our
whole area. We only went to NBN due to the threat that if we did not we would
be cut off from our service that we had enjoyed at these premises since 1986,
so September 2017 was when we had a month of problems at its inception and now
again it has reared its head.
What makes it worse, our old Australian suppliers, betrayed us and
sold out to a company that runs its technical support from somewhere near
India. Every day we get another different Indian expert that want to re
configure our computers and fix the problem, due to English not being their
first language communications are confused. Each expert is unaware of the
changes that were made on the previous day and adds to the confusion. The
Telecommunications Ombudsman has not helped, Telstra say they can help, but as
they are having problems in the area with NBN they say we have to wait 10
weeks.
So we have a new Mobile Number 0427 943 677,
Please call, 07 54 825070 this number is still working,
07 54824099 has been diverted to the Mobile number.
Our Internet and Email owenguns@spiderweb.com.au is working, but
Our Fax line 0754824718 is Not working.
This has caused immense problems for PTA’s (Permits To Aquire) and
exposed another problem with our firearm legislation and the police policy that
they additionally impose on us.
Immediately we knew that the Fax machine had stopped we contacted
Weapons Licencing and asked them to stop sending faxed copies of Permits to
Acquire we asked them to hold them until we have it working again. A few days
later I phoned Weapons Licencing again and asked them to email the PTAs as
attachments, in .pdf or any other format, they refused.
As that refusal affects all licenced shooter in the State of
Queensland. Here below is a report and request for action to my local Member of
the House of Representatives Mr Tony Perrett.
“Dear Tony
On behalf of our long patient customers that have been waiting for
PTA Permits To Acquire, could you please direct a question in the house to the
Police Minister,
As you are aware the time taken for Weapons Licensing to issue the
Permits to Acquire is in most cases many weeks, sometimes many months, their
phone robots when answering enquires tells people not to phone them for 12
weeks as they are busy.
For people who have to wait 28 days cooling off period after they
have already waited 28 days extended to six months waiting for QPS to process
their card its intolerable, but its takes many weeks longer than this in most
cases. For those who already have a firearm on there licence the regulations
state “the period is the remainder of the day on which the applicant lodged the
application” This leaves Weapons Licensing in breach of the Act and Regulations
and if this was a dealer and they did not process their information back to QPS
on time they would charge us.
Weapons Licensing to attempt to process this disaster a little
quicker have over the last few years taken to faxing the PTA forms to the Gun
Shops.
Due to the un reliability of NBN and phone lines in general sometime
they do not arrive. Weapons Licensing have in the past refused to send them again,
and even local Policemen have been forced to re apply and send the money again.
Since last Monday this area (Gympie) has had a huge problem with NBN
and the Fax is the first to fail. It became so intermittent and haphazard we
asked Weapons licensing to stop faxing PTAs. On Monday (last) Weapons
Licensing emailed an attachment with a letter Authorising them to release 15
firearms to a Customer. We complied with this and today with customers asking
if we had their PTAs, I phoned Weapons Licensing and spoke to Steve, I asked
him, as we have no NBN fax could you please email the PTA s as an attachment,
he refused and I asked who was in charge He said AP Guild Inspector, I asked to
speak to him he said that was not possible, but that they would not email the
attachments . So I asked him to post all of them out as the fax is not
reliable.
Weapons Act 1990
Section 39
(4)A permit to acquire must—
(a)be issued in the approved form for a single weapon; and
The Attachments for Email can do this just as good as a fax.
I have included This section of the Weapons Act so that you can see
that for most people there should be no waiting period they should be emailed
out on the remainder of the day the application is lodged. They (Weapons
Licencing) are in breach of the Weapons Act 1990 and should be charged.
101 Waiting period for decision on application for permit to acquire
(1)This section prescribes the period for section 42 of the Act .
(2)The period is 28 days after the day the applicant lodged the
application for the permit to acquire the weapon.
(3)However, the period is the remainder of the day on which the
applicant lodged the application for the permit, if—
(a)the applicant already holds a firearm under a licence; or
(b)an authorised officer is satisfied there are exceptional
circumstances.
Could you please ask the Minister why this has not happened as yet.
Your Ron Owen JP (Qual)
Please phone 07 54 825070 if you need any further information.
Ron”
End the PTA system.
Every licenced shooter that has had any dealing with Weapons
Licencing Branch quickly becomes frustrated and secondly comes to the
realisation that the whole process is a useless waste of human endeavour.
Registering Long Arms has caused a bureaucratic nightmare that has never
operated effectively. Shooters constantly ask for their up dated lists of
firearms registered to their names, as they have paid for their PTA they want
to naturally know and have it in writing that they have a legal right to own
and use the firearm that they have purchased. After many weeks and regular
phone calls they finally get their up dated list. Then in most cases they find
that the information that they have given has not been recorded properly on
their lists, sometimes they can have the wrong name of the Firearm Owner on
the, sometimes it’s the wrong licence number, sometimes, it’s the wrong firearm
name, model, calibre or serial number, or sometimes the firearms are missing or
sometimes there are firearms on the list that they have never heard of. Worse
than this is that the list might have the wrong address of it and it never gets
to the person who is pleading for it.
Two Years Behind.
Of course any mistakes are blamed on the licenced shooter or the dealer. This information is supposed to be the Police ‘Commissioners Register’ that the legislation demands that he keep, it is plain knowledge that it is a mess, information that is sent by Dealers every week is still un processed a year later, Dealers are constantly asked on the phone for information about I year or older transactions and when queried and reminded that the information has been already sent to them within the 14 days allowed, the honest answer is that ‘those Form 10s a in a great big pile that have not been processed yet, so its easier to find the information if we phone the dealer. The Dealer quickly realises that his register, his books are the only real register in the state. This becomes apparent to licenced shooter when the local police turn up, to do and audit of his security and check his firearms. Its either there are some on the list he has never heard of or, firearms that he has duly registered that are not on the policemen’s form and if he does not have the original copy of the PTA or his police receipt the policeman will want to take them away. That’s why its important for all licenced shooters to get current, correct upto date lists from weapons licencing. So if you do not have one contact them and get them to post out your latest. You are entitled to it, don’t let the staff on the phone put you off, if they refuse contact your local State MP and ask him to get it corrected with the Police Minister.
All this effort, and it’s a mess of incorrect information that increases in its misidentify by passing through many hands. Like Chinese whispers, or monkeys the error is magnified at every point.
What is worse crime on the licenced shooter is the issuing of the PTAs in the first instance, as in the above sections of the act and what is shown in the letter when the authorised officer can send a letter to a dealer and a customer takes charge of 15 firearms, without a PTA, without a special form. The Shooters Licence is the lawful authority and everything beyond that, is the Police imposed policy. Yes, there is a provision in Section 35 of the Act for Permits To Acquire, but it is an optional process for people who do not have an other lawful authority, such as employee’s on farms who need to purchase a firearm and the farmer holds the licence.
Two Years Behind.
Of course any mistakes are blamed on the licenced shooter or the dealer. This information is supposed to be the Police ‘Commissioners Register’ that the legislation demands that he keep, it is plain knowledge that it is a mess, information that is sent by Dealers every week is still un processed a year later, Dealers are constantly asked on the phone for information about I year or older transactions and when queried and reminded that the information has been already sent to them within the 14 days allowed, the honest answer is that ‘those Form 10s a in a great big pile that have not been processed yet, so its easier to find the information if we phone the dealer. The Dealer quickly realises that his register, his books are the only real register in the state. This becomes apparent to licenced shooter when the local police turn up, to do and audit of his security and check his firearms. Its either there are some on the list he has never heard of or, firearms that he has duly registered that are not on the policemen’s form and if he does not have the original copy of the PTA or his police receipt the policeman will want to take them away. That’s why its important for all licenced shooters to get current, correct upto date lists from weapons licencing. So if you do not have one contact them and get them to post out your latest. You are entitled to it, don’t let the staff on the phone put you off, if they refuse contact your local State MP and ask him to get it corrected with the Police Minister.
All this effort, and it’s a mess of incorrect information that increases in its misidentify by passing through many hands. Like Chinese whispers, or monkeys the error is magnified at every point.
What is worse crime on the licenced shooter is the issuing of the PTAs in the first instance, as in the above sections of the act and what is shown in the letter when the authorised officer can send a letter to a dealer and a customer takes charge of 15 firearms, without a PTA, without a special form. The Shooters Licence is the lawful authority and everything beyond that, is the Police imposed policy. Yes, there is a provision in Section 35 of the Act for Permits To Acquire, but it is an optional process for people who do not have an other lawful authority, such as employee’s on farms who need to purchase a firearm and the farmer holds the licence.
Lot’s of examples of this are ‘Like for Like’, exchange on firearm
for another Police Policy removes the imposition for this and for ‘Warranty’
and the thousands of registrations that were done in each Amnesty, Police
Policy is relaxed, the Weapons Act and Regulations are un altered in these
sections the only difference is that the Police do not impose the PTA.
Division 2 Acquisition, sale and disposal of weapons
35 Acquisition of weapons
(1) A person may acquire a weapon only if—
(a) the person is a licensed dealer; or
(b) the person is the holder of a permit to acquire the weapon and
acquires the weapon—
(i) from or through a licensed dealer; or
(ii) through a police officer in circumstances prescribed under a
regulation; or
(c) the person acquires the weapon under other lawful authority,
justification or excuse.
and the lawful authority, justification or excuse is
Division 1 General
49A Authority given by licence
(1) A licence authorises a licensee to possess and use a weapon or
category of weapon endorsed on the licence for any lawful purpose.
Summary.
When the Police Policy duplicates and adds the imposition of PTAs on to the licenced shooters of Queensland, when they make them wait for many weeks of additional time , when they have already forked out hundreds of dollars and waited for many times six months to get licence, over six times the additional days of waiting period, then be submitted to another bureaucratic nightmare of waiting periods 28 days plus weeks of waiting, then refusing to email a PTA as an attachment which costs again 4 days to a week in country Queensland.
When the Police Policy duplicates and adds the imposition of PTAs on to the licenced shooters of Queensland, when they make them wait for many weeks of additional time , when they have already forked out hundreds of dollars and waited for many times six months to get licence, over six times the additional days of waiting period, then be submitted to another bureaucratic nightmare of waiting periods 28 days plus weeks of waiting, then refusing to email a PTA as an attachment which costs again 4 days to a week in country Queensland.
This is all an abuse of power, power that we the people put into
their hands.
In fact the only way the Queensland Police could satisfy and not be in breach of Section 101 of the Weapons Act 1990 would be to email out the Permit to Acquire as an attachment to the licenced Shooter who has lodged his application
In fact the only way the Queensland Police could satisfy and not be in breach of Section 101 of the Weapons Act 1990 would be to email out the Permit to Acquire as an attachment to the licenced Shooter who has lodged his application
(3)However, the period is the remainder of the day on which the
applicant lodged the application for the permit, if—
(a)the applicant already holds a firearm under a licence; Anything
slower than that, then the Police Commissioner and or his staff are breaking
the Laws of Queensland.
Go to this address link and find the email address of your local State
Member of Parliament
and just ask them to contact the Minister of Police and remedy this
aberration of justice. Just a few lines, it will take just a few minutes of
your time and it will all help to make a difference.
Remember Albert Einstein said
“The world will not be destroyed by those who do evil, but by those
who watch and do nothing.”
Go on have a go, its easy, become a voice for justice, a voice for
freedom, lets seize the day, we have nothing to lose but our chains. Write a
letter or send by email, no other group or association is going to do it for
you. We are it. We are the Firearm Lobby.
There is no Spring without Winter, without Mistakes there is no
Learning. There is no Life without Death, without Doubts there is no Faith.
There is no Peace without War, without Fear there is no Courage. For without
Mistakes, Doubts and Fears there are no pathways to Wisdom.
Ron Owen
Ron Owen
Wednesday, March 15, 2017
Is the Australian Government a registered Corporation in the USA?!
Is the Australian Government a registered corporation? As I understand it, and I must admit that I am not in any way legally minded or very knowledgeable in regards to politics, the idea of a corporation is to make money for it's investors. Now Australian citizens are not investors in a monetary sense IF the Australian Government is a corporation. So, we can't earn any dividends from this corporation, but it is in the interest of the corporation NOT to spend money unless it can also make money.
Funding cuts to public services are obviously making money for someone, but certainly not us. Money spent of firearms registration comes out of our pockets, and again is not for our benefit. Money spent on gun control and gun confiscation is again payed for from our taxes, but again does not benefit us in any way or form. We work all our lives, and part of the deal was that we get a pension when we retire, but again, pensions have been cut and the retirement age extended! All this is putting money into the government coffers, but we the law abiding citizens are not receiving any benefits.
So, can anyone throw any light on this Australian government corporation thing? Is it fact or fiction? Is the Australian government a USA registered corporation?
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