Police Seizure Abuse - The Loose Cannon.

Although I once defied the odds and got nought out of thirty in an open book multiple choice Chemistry test, leading to me studying law and not an agricultural science, Newton’s third law ‘for every reaction there is an equal and opposite reaction’, has always appealed to me, because at least on one level it applies to human and organisational behaviour and not just objects.

Thus when Police are affected by something they react.

Most readers would be familiar with the Edwards tragedy last year.  Mr Edwards was granted a special Commissioner's Permit for a handgun, against the wishes of a gun club he had previously approached, and then he went oput and commited a murder suicide soon after.  Further compounding the tragedy, his distraught former spouse committed suicide earlier this year. 

Police did not blame themselves for granting the permit, and are now targeting anyone who shoots and who is involved in a Family Law break up.

Case in point, I am acting for a small dealer at present who is in the process of going through a break up with his spouse.  The parties are separated under the one roof.

On my instructions his former partner was somewhat jealous because he was having a discussion and was actively engaged in play with his son. His wife’s mother suggested she call Police, which she proceeded to do.

Police attended, and as no threat was made, and there was no apprehension of violence, no AVO was issued.

Nevertheless, my client’s licence was suspended.  The reason on the suspension was ‘child at risk’- yet there was on these facts no evidence of this.  The only thing that happened that night that would have been scary to a child was the arrival of two Police Officers after the child’s bed time - although I stress that in this particular situation the officers behaved commendably well, and only followed instructions.

Not every child in a break up is a child at risk, and if Police wanted to target children at risk their attention would be better spent visiting shopping centres and rounding up truanting children during the day, and getting tired drivers off the road.

As you may be aware, Police policy of seizure, for a ‘cooling off period’ of 28 days, does not appear to have any statutory basis and any seizure of firearms needs to comply with Firearms Act 1996 or the Law Enforcement (Powers and Responsibilities) Act 2002.

The Police power to suspend a Firearms licence is set out in paragraph 22 of the Firearms Act 1996, and I have set it out below.

22   Suspension of licence

(cf APMC 6, 1989 Act s 35)

(1)  The Commissioner may, if the Commissioner is satisfied there may be grounds for revoking a licence, suspend the licence by serving personally or by post on the licensee a notice:

(a)  stating that the licence is suspended and the reasons for suspending it, and

(b)  requesting that the person provide the Commissioner with reasons why the licence should not be revoked.

(1A) If a licence is being suspended because the Commissioner is satisfied that there may be grounds for revoking the licence under section 11 (5A), the notice suspending the licence is not required:

(a)  to state the reasons for the suspension, or

(b)  to include any request that the licensee provide the Commissioner with reasons why the licence should not be revoked.

(2)  The Commissioner must suspend a licence in accordance with this section if the Commissioner is aware that the licensee has been charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or the Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act.

(3)  A suspended licence does not authorise the possession or use of firearms during the period specified in the notice suspending it.

Whilst not relevant, I shall set out section 11(5) below for your convenience

11(5) A licence must not be issued to a person who:

(a)  is under the age of 18, or

(b)  has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or

(c)  is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to an apprehended violence order (other than an order that has been revoked), or

(d)  is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or

(e)  is subject to a firearms prohibition order, or

(f)  is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

Turning to the Law Enforcement (Powers and Responsibilities) Act 2002 which again relevantly provides:

      20   Relevant offences

The following offences are relevant offences for the purposes of this Division:

       (a)  indictable offences,

       (b)  an offence against section 93FB of the Crimes Act 1900,

       (c)  an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts,

       (d)  an offence against a provision of Part 2 of the Explosives Act 2003.

      21   Power to search persons and seize and detain things without warrant

      (cf Crimes Act 1900, ss 357, 357E, Drug Misuse and Trafficking Act 1985, s 37)

       (1)  A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists:

       (a)  the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,

       (b)  the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,

       (c)  the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,

       (d)  the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.

       (2)  A police officer may seize and detain:

       (a)  all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and

       (b)  all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and

       (c)  any dangerous article, and

       (d)  any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,

       found as a result of a search under this section.

      22   Power to seize and detain dangerous articles on premises

      (cf Crimes Act 1900, s 357)

A police officer who is lawfully on any premises may seize and detain any dangerous article that the police officer finds on the premises, if the police officer suspects on reasonable grounds that the dangerous article is being or was used in or in connection with the commission of a relevant offence.

 Premises include vessels, vehicles, aircraft and other places.

       The difficulty for Police here is that while a firearm is a dangerous article within the meaning of s21(2)(c) there is no relevant offence, nor is there any suspicion on reasonable grounds that the article is or was used in commission of an offence (s22).

After realising that they were on shakey grounds a Sergeant rang my client, alluded to gaol, and referenced the following alleged offences, none of which are supported by available evidence.

1.     That my client was in possession of 14 unregistered firearms.  This allegation was denied.  My client had completed all PAB28 and 31 paperwork as required by legislation as required and had forwarded these to the Registry by Registered Post.  My client also completed his quarterly return with respect to these entries and forwarded the quarterly return to the Registry by Registered Post.  Apparently, Police wish to hold my client responsible for processing tardiness at their Registry.

     That my client was in possession of a number of prohibited firearms specifically firearms fitted with a folding stock. Allegation admitted. My client is authorised by virtue of his dealer licence to possess prohibited firearms no 11 of Sch 1 of the Firearms Act 1996, item 11 are any firearms fitted with a folding stock.

1.     That my client was informed he would be asked why one firearm had a defaced serial number.  Upon entering details of all firearms acquired by my client the physical serial number of the firearm was sighted at all times when making these entries.  My client can answer no explanation why one has a defaced serial number he questions if part of a serial number may be partially obscured by a stock.  I requested further particulars.
2.     The Sergeant informed my client that his decision to suspend my client in the morning of 9 May 2019 was supported by an allegation involving matrimonial property.  On the 8 May 2019 attending Police referred to this as a civil matter, and it was not raised as a complaint until the afternoon of the 9 May 2019. For this reason, this allegation was not raised on the Suspension Notice and had no bearing upon the decision to suspend.

My criticism is with a Police Policy in practice in respect to domestic situations that exceeds the law, and that involves the seizure of firearms without probable cause merely on suspicion of a domestic break up. 

Just because Firearms ownership is a privilege and not a right, does not mean that privilege is subject to unfettered discretion by Police to seize firearms or suspend licences without appropriate due process.

When I first came to Australia, I was amazed how far this country has progressed since it was a penal colony, a mere couple of hundred years ago.  However the longer I practice law, the more convinced I am that my assumption is wrong, for certainly in terms of Police attitude, this state is still a Penal Colony.

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/police-seizure-abuse-the-loose-cannon#iq2kiJvR6Pw57ZCw.99
http://www.sportingshooter.com.au/latest/police-seizure-abuse-the-loose-cannon

Petition To Have Muzzle Loading Pistols Removed From an H class licence ...

"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 17th and 18th 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. Antique muzzle-loading pistols of the same type may be owned, but not used/fired without the owner possessing an H class licence. This requirement excludes the use of these antiques & 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 single shot (though some flintlocks can have two barrels), 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.

We fully understand the purpose of the H class licence requirements, but these primitive muzzle-loading pistols are not the same as modern breech-loaders, revolvers or semi-automatics. If a criminal wishes to use a concealable gun to commit a crime, they can simply cut down a modern breech-loading rifle or shotgun.

At present anyone can purchase an antique muzzle-loading pistol without the need to apply for a permit to purchase, a licence or registration. However, they cannot be legally fired/used unless the owner posesses an H class licence. These replica muzzle-loading pistols are no different from the antiques, their workings, capabilities & disabilities are exactly the same.

The undersigned petitioners therefore ask the Legislative Assembly to change the licensing requirement for these replica antique & antique muzzle-loading pistols (percussion locks excluded) from the present category H class licence to the category B class licence. Alternately we respectfully request that these muzzle-loading pistols be placed on a new less restrictive class of firearms licence , allowing these guns to be used with no more restrictions than are presently placed on muzzle-loading long arms.

Sincerely,

Keith H. Burgess.

Petition Here:
https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence/share_for_starters?just_created=true

Sustainability & Long Term Survival.

http://www.3minutes.com.au/

Sustainability. 

Sustainability/sustainable means lasting  for a long time, or, the ability to make something last for a long time.

If in our preparations for survival we are considering that we may need to live long term in a wilderness situation, then we need to make sure our equipment is sustainable. We also need to make sure that the lifestyle we have chosen is sustainable. In other words, if our equipment is not sustainable, then neither is our lifestyle.

If one has not had the experience, then at least most people can use their imagination to help them see & understand. For instance; let’s say our country is attacked & the enemy uses an EMP to knock out the electricity grid. What will this mean for those living in towns & cities? It will mean that there will be no electricity, no water, no sewage control so no toilets. We all know what else will happen don’t we, looting, supermarkets will be raided for all the food. Chemists looted, gun shops looted, Medical facilities will be hampered. Some people will want what you have, so it will not be safe for you to cook outside or in fact to go outside at all. Your house could be raided, if you manage to repulse an attack, then the attackers may well fire your house or drive a Mack truck through it. Does this make any sense to you?

Now you may say that you must bug in because you simply would not know how to survive in the bush. Well my reply to that is, learn. Get the skills you will need & go bush & get some experience before the shtf.

Now for the equipment. IF you are prepping for long term survival, there is no point relying on items that are NOT sustainable! Ferocerium rods, matches, cigarette lighters, are not sustainable, don’t kid yourself that they are just because you do not have primitive fire lighting skills. Flint, steel & tinderbox is a sustainable method of making fire, & it is an easy method to learn & use. Think about what you have in your bug out pack, do you NEED the items you have, or are they just adding weight & taking up room? Most important items are: Medical supplies, water, food & ammunition. Do NOT compromise the carrying if these items!

Firearms:

I have modern firearms & I have muzzle-loading firearms. IF I had to leave on my own & could only carry one firearm, I choose to carry my flintlock. Why? Because it is sustainable! If it breaks I can fix it. Now I could carry one of my .22 rimfires, the ammunition is relatively light, but if it should malfunction, I simply would not be able to fix it. Yes I could carry a spare firing pin & perhaps the tools needed to strip the bolt & replace the firing pin, but then I still only have a .22, which can not be relied on to drop anything but small game. Yes I know you can shoot roos & goats etc, but how many times have you shot a medium sized animal with a .22 & lost it? I need a gun that I know I can count on, a gun that will efficiently kill small & medium sized game & if possible large game too.

I realize that a flintlock muzzle-loading gun is not the best in a fire fight against others who can load faster than I can, but it only takes one shot to kill, & I plan on keeping a low profile & staying out of fire fights if I can. Now if I am travelling in a group, which in fact I would be if I had to leave my home in the forest, then as a group we would be carrying modern firearms, muzzleloaders & traditional bows. I will add a list of the advantages in carrying/using a flintlock muzzle-loader.  I can see the advantages in carrying a modern firearm, but I can also see the disadvantages, & for me, the disadvantages outweigh the advantages. Reading through this list it is pretty easy to compare these advantages with those of the modern firearm, so see what you think. Do bear in mind the weight factor of modern ammunition, the larger the calibre, the heavier it is. How much can you carry without compromising other important equipment?

Advantages of a Flintlock Muzzle-loader.

1)   Ammo is less expensive than a modern equivalent calibre firearm.

2)  The smoothbore is very versatile, being able to digest round ball, bird shot, & buckshot, or any combination of two of these (can also use minies).

3)  The fusil is lighter to carry than a modern equivalent sized gun.

4)  You can vary the load if needs be.

5)  The smoothbore will digest other projectiles besides lead.

6)  Lead can be retrieved from downed game & remoulded with a simple mould & lead ladle. This means that you can carry less lead, & more of the lighter gunpowder.

7)  You can make your own gunpowder.

8)  You can use the lock to make fire without the need for gunpowder.

9)  You can use gunpowder for gunpowder tinder fire lighting if needs be.

10)        IF the lock should malfunction (these are very robust & it is not likely) you can easily repair it if you are carrying a few spare springs & a few simple tools.

11) If you do not have any spare parts & the lock malfunctions, you can easily convert it to a tinderlock or matchlock & continue using it.

12)        You do not need a reloader, brass shells, caps, or primers. The latter have been known to break down in damp conditions or if they are stored for too long.

13)         Wadding for ball or shot is available from natural plant materials or homemade leather or rawhide.

14)       Less chance of being affected by future ammunition control legislation.

15)        Gunpowder is easily obtainable providing you have a muzzle-loader registered in your name regardless of calibre (NSW)

16)        A .32 calibre flintlock rifle is more powerful than a .22 rimfire, less expensive to feed, more accurate over a greater distance, able to take small & medium sized game, & other than not being able to use shot (unless it is smoothbore), it has all the attributes of the other flintlocks.  For larger game you can load with conical slugs, which of course you can make yourself in the field.

17)        Damage from a .62 calibre or .70 calibre pistol or long arm is in the extreme. Wounded prey is unlikely to escape.

18)         By using buck & ball you are unlikely to miss your target. This load is capable of taking out more than one target.

19)        There is less kick-back to a muzzle-loading gun.

20)       Antique Flintlock muzzle-loading guns do not require a license, registration, or a permit to purchase in NSW Australia.

The Advantages of Carrying/Using 18^th Century Equipment.

·      A flintlock smoothbore gun is versatile, you can make fire with the lock without using any gunpowder, you can use various sizes of small shot & round ball, you can if necessary use other projectiles besides lead, you can retrieve lead from shot game & remould it for further use. If the lock should malfunction it is easily repaired with spare springs, if you have no spare springs the lock is easily converted to matchlock.

·      A flintlock rifle has the same advantages as the smoothbore except that it can not use small shot without leading the barrel. A .32 flintlock rifle has more power than a .22 rimfire & is less expensive to shoot.

·      You can purchase an antique flintlock pistol now with no need for licence or registration.

·      Ball moulds can be used as heavy tweezers for removing foreign objects from the body.

·      Gunpowder (Black Powder) can be used to make fire with unprepared plant tinders without wasting ammunition.

·      A trade axe/tomahawk is very versatile. The head is easily removed to be used as a hide scraper, the tomahawk can be thrown for recreation, self defence & hunting. This axe is a good defence weapon for hand to hand fighting, for constructing shelters & traps & for hammering in stakes or wooden pegs. A new helve/handle is easy to make & fit & does not require a wedge to secure the head.

·      The awl is used for making leather items & for repairing leather items. The awl is used to make & repair moccasins.

·      The butcher knife is for skinning & butchering game & can be used for self-defence.

·      The legging knife is a back-up to the butcher knife. If you should dull the edge on your butcher knife you can continue with the legging knife. You do not want to stay around sharpening blades. Your shot may have attracted unwanted attention.

·      The clasp knife is used for camp chores & for making trap triggers. You do not want to use your main blades as utility knives.

·      Flint, steel & tinderbox will enable you to make fire anywhere in all weather conditions. It will not break or wear out & the process is renewable & sustainable.

·      18^th century woodsrunner’s clothing (men & women) is practicle, protective, hard wearing & renewable.

·      The housewife (sewing kit) is for making & repairing clothing & packs. The needles can be used for removing splinters & if needs be sewing up wounds. The beeswax is used to wax the linen sewing thread & can be used as makeshift tooth fillings.

·      The angling tackle can be used with a rod or set lines, it can also be used for catching ducks & large land fowl. The linen or silk lines can be replaced with hand made cordage made from plant materials. Silk lines can be used as suture thread.

·      The cooking kettle is used for boiling food, boiling water for drinks & sterilising, carrying water & for catching rainwater.

·      Cotton & linen bags can be used for cleaning dirty water before boiling for drinking or adding to your water bottle.

·      Gun tools are used for repairing the lock on your flintlock muzzle-loading gun if needs be, but these locks are very hard wearing. The tools are merely a back-up. The turn screw is used to remove the lock & barrel for cleaning.

·      The whet stone is used to sharpen your blades, as is the metal file, though both could have other uses if working with metal.

·      The half-axe is optional & is capable of heavier work than the tomahawk without adding too much weight.

·      An auger is optional & is used for making holes for constructing more permanent dwellings. These augers come in a variety of sizes & weigh very little. Small versions will fit in your pack, where longer versions can be tied to your blanket roll.

·      The sword is also optional but in a hand to hand fight can be very useful. The sword is also used for cutting reeds for shelter & mat construction.

·      The wool blanket is far more versatile than a sleeping bag, & if wet the blanket retains more body heat than a sleeping bag. The pure wool blanket can be used as a matchcoat or a Great Coat & can be used in a sitting position under an oilcloth covering on the trail.

·      The oilcloth shelter is very versatile & can be used in many ways, including use as a rain coat. Used as a lean-to shelter you can use fire for warmth at night & you have good visibility on at least three sides. The lean-to is easy & quick to construct & quickly taken down. It does not need tent poles/rods & it is easy to carry.

Anyone using this equipment is advised to learn the many primitive skills that go with this type of wilderness living. If you are living this 18^th century lifestyle then your level of comfort will never drop below this level. This equipment does not wear out; anything that could break can be repaired or replaced from natural sources. You are also advised to carry a modern medical kit which should include an eye wash glass.

My Equipment List.

.62 cal/20 gauge flintlock fusil. 42 inch barrel.

.70 caliber smoothbore flintlock pistol.

Gun tools and spare lock parts.

Shot pouch and contents.

Leather drawstring pouch of .60 caliber ball (in knapsack).

Powder horn.

Ball mould and swan shot mould.

5 Gunpowder wallets

Lead ladle.

Butcher/Hunting knife.

Legging knife.

Clasp knife.

Tomahawk.

Fire bag.

Tinderbox.

Belt pouch.

Fishing tackle in brass container.

Two brass snares.

Roll of brass snare wire.

Knapsack.

Scrip.

Market Wallet.

Tin Cup.

Kettle.

Water filter bags (cotton & linen bags).

Medical pouch.

Housewife.

Piece of soap and a broken ivory comb.

Dried foods in bags.

Wooden spoon.

Compass.

Whet stone.

Small metal file.

Oilcloth.

One blanket (Monmouth cap, spare wool waistcoat and wool shirt rolled inside blanket).

Two glass saddle flasks.

Length of hemp rope.

Bottle of rum.

Basic list of what I carry. This list is made up from items that we know were carried, from items that my research has shown were available, & from items that have been found, such as the brass snare wire. I am not saying every woodsrunner carried all these items, but I am saying that some woodsrunners may have carried all these items. From experimental archaeology results in historical trekking, I think the items I have chosen are a reasonable choice for any woodsrunner that is going to live in the wilderness for a year or more.

Keith.

Gun Control Australia. Owen Guns Newsletter Edition 122.

http://www.owenguns.com/owen-guns-bulletin-august-2016-special-edition-122/

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.

Why Firearms Restrictions?

http://www.gunlistings.org/

Why Firearms Restrictions?

·      Terrorism

·      Crime

·      Suicides

Do restrictions on law abiding licensed firearms owners do anything to stop the above problems/threats? Answer: No

Why No? Because law abiding citizens are not criminals or terrorists & if they want to commit suicide they have other gentler means of killing themselves without blowing their brains out.

How do restrictions to muzzle-loading long arms & pistols effect the above? They don’t is the easy answer. No criminal will choose a muzzle-loading firearm over a modern breach loading firearm to use in committing a crime.

Why are restrictions placed on muzzle-loading firearms by the Australian government if by doing so it has no effects on crime, terrorism or suicide? Good question, & if we could actually ask the government this question & get an answer, it would be very interesting to hear but probably complete & utter bullshit.

Firearms restrictions are based on the premise that they keep the public safe, but to date that has never been proven to be the case, in fact, there is some question as to whether being able to carry a side arm in public may not actually be a deterrent to crime & terrorism.

Let us take a look at the rules in NSW concerning muzzle-loading firearms:

·      Antique muzzle-loading guns do not require a permit to purchase, registration, or a firearms licence. But you are not legally allowed to fire an antique gun.

·      Replica muzzle-loading guns are exactly the same as antique muzzle-loading guns, exactly the same in all respects. The loading procedure, the firing procedure, & the ignition method. All are the same. Replica muzzle-loaders are just that, they are replicated copies of originals. Not breach loaders, not smokeless gunpowder, not fast loading, not high powered. But still they require registration, permit to purchase, & a firearms licence. In the case of a flintlock, matchlock, tinderlock or wheel lock pistol, they require a Pistol Licence, & to get a pistol licence you have to join a pistol club, & to maintain membership you have to attend regular meetings, & the membership is expensive. On top of this you are not allowed to use this muzzle-loading pistol anywhere except on an approved firing range.

Anyone wanting to make a crude muzzle-loading gun can do so in about 30 minutes using a piece of gas pipe. It would be illegal to do so, but it could easily be done. Yet the above restrictions on these primitive guns are supposed to be keeping the public safe from harm. If it were not so serious, if it did not seriously affect people’s rights to recreation through Living History & Historical Re-enacting, it would be laughable. The legislators who pen these laws may well be looked on as a joke, but the restrictions they place on law abiding citizens is no joke.

I respect other people’s points of view, I understand why some people are frightened by guns. I understand & respect their wish not to own or use a gun, even in the defence of their loved ones & themselves. But I simply can not understand why they are unable to look at the situation & understand that law abiding citizens are not the enemy, we are not a part of the problem, and we are not criminals. Treating us as such is unforgivable & an offence against human rights.

Disagreeing with someone is a human right, but spreading misinformation & lies is something else. The Greens, the government & other anti-gun lobby groups are guilty of spreading misinformation, lies & fear mongering in order to achieve further restrictions on firearms & ammunition just to satisfy their own need to control people, to gain some sort of power. It makes them feel good. What then does this say for these sorts of people?

We, the law abiding gun owner are not totally blameless in the restrictions that we suffer. Self-serving organisations such as the S.S.A.A. (Sporting Shooters Association Of Australia) could be doing a lot more for Australian gun owners, but instead it seems to me that they are more interested in not rocking the boat & at the same time lining their own pockets. Individuals are divided, muzzle-loading shooters have always readily backed modern gun shooters, but modern firearms owners are often guilty of hanging us black powder enthusiasts out to dry! I don’t see that anyone is dividing us, we seem to have divided ourselves. When we finally have so many restrictions & possibly even confiscations, then we will have no one to blame but ourselves.
Keith H. Burgess.