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

When can you carry a knife - The Loose Cannon

http://www.sportingshootermag.com.au/gun-law/when-can-you-carry-a-knife-the-loose-cannon?utm_medium=email&utm_campaign=Newsletter%2028%20April%202017&utm_content=Newsletter%2028%20April%202017+CID_1cf5de6f24c86c7db68643a88369f8e3&utm_source=Email%20marketing%20software&utm_term=When%20can%20you%20carry%20a%20knife

Detective Southall said Mr Valenti had a right to defend himself.

Detective Southall said Mr Valenti had a right to defend himself.

"Yes, everyone's got a right to defend themselves and their property from a home invader... as long as the force used is reasonable in the circumstances," hesaid.

http://www.watoday.com.au/wa-news/grandfather-had-right-to-selfdefence-police-20090218-8bqk.html

Your UNALIENABLE RIGHTS!

https://en.m.wikipedia.org/wiki/Bill_of_Rights_1689

Fellow Australians, PLEASE support this peaceful Revolution.

Citizens, please get behind this, please support this peaceful Revolution. If we are to get our freedoms back, if we are to be a democratic society again, then we MUST ALL support this effort to get Australia back on track. If we let the present Abbott government continue to destroy our freedoms, destroy Australia, then it may be too late to save.

Keith H. Burgess.

Don't just shut me down without knowing our plan.
l sent out a GROUP info post that explains the following: (Not in these terms but along the same lines)

We are asking groups to stay in their groups; as we will need groups like yours to advise the new independent government (or to run as independent candidates) on issues that groups have researched and have evidence on, these groups normally have a well researched PLAN to combat the problem; which is more than what any government parties have had for decades.

GROUPS will be an asset to the future of this country including Fluoride, Farming, Lock the Gate (Fracking), Reclaim Australia, Wake Up Australia, Taxation Reform, Australian Constitution, Veteran Affairs, Climate Change/Solar, Indigenous Rights Groups, Health & Medical Marijuana, Australia Says No, VLDA, Banking Groups the list is endless. However, the research these groups do is of utmost importance and is done on a scale like no other political party has EVER done; with some groups as big as 40k members strong.
When the government won't listen to groups with this much proof and research behind them; there is obviously a major problem.
So what will it take to get the corporate government to act on information provided at these levels when they don't listen now?

When we hold this "VELVET REVOLUTION" we will call in independent candidates from groups just like yours, we need people who work in these fields and who have the knowledge and more importantly A PLAN to bring Australia out of the hell hole it has fallen into by consecutive incompetent governments.

Why do we need each other?
Because every group only know about their own issue that they have been studying. Our group REVOLUTION: United WE STAND have researched and studied and understand OUR/ YOUR Constitutional Rights and we have have come up with A PLAN to overthrow the corrupt unlawful unconstitutional Government.
We have already issued Prerogative Writs of Mandamus on all sitting members in Parliament in Western Australia, these same Writs have also been filed into the High Court of Western Australia who lawfully have to file them with the Queens Bench. The sitting members now have 14 Days to resign their positions or defend themselves in the High Court Queens Bench against our charges; some of which include but are not limited to
1. Violation of the use of public monies under violation 44s of the Constitution.
2. Misuse of their parliamentarian offices.
3. The Dominican Republic alliance and the unconstitutional invasion of Iraq.
4. The endangering of the safety and wellbeing of the general community by the Iraq unconstitutional invasion.
5. Failure to provide in appropriate time Appropriation Bills & Taxation Bills.
6. Unconstitutional taxes such as council rates, tolls, fuel taxes, infringement notices, income taxes etcetera
7. Unconstitutional property rights and acquisitions.
8. Deregulation of Australia's own industries.
9. Unconstitutional Government Retirement Funds and Perks.
10. Treason and Fraud.
And so this list also seems to be endless but never the less are constitutional grounds for every sitting member's instant dismissal.

We are currently preparing thousands of Prerogative Writs of Mandamus, one for each sitting member in every other state of Australia and they too will be served in the coming weeks.

The government spend tens of millions of dollars on disinformation, they lie to us to keep us under their control, they dream up and implement unlawful, unconstitutional legislation and Acts to steal our money to fund their big lie!

To fight every issue individually will take a huge effort and the government simply aren't listening, and in addition many issues cannot wait.
So why not UNITE and implement "Citizen Initiated Referendums" which will deal with all issues in a very short period of time in comparison with the unlawful system we have now? Together we will create a TRUE & FAIR DEMOCRATIC SYSTEM!

We need to come together and overcome our differences.
We don't need to play the elite's game, they divide us so they can conquer us.
If we stand together we will be strong but divided we will all fail and if we do come together we will be the 99% and an unstoppable wave of change will occur.
It is really important that we overcome all the ism's, the government use these as a way of splitting us up (Divide and Conquer)
But once this wave takes place even the Military and Police will join us as the TRUTH SPREADS LIKE WILD FIRE.

Please UNITE with us on the
23rd of March 2015 in a
NON VIOLENT MARCH
to deliver to every sitting member in parliament "The People's" decision to lawfully remove them from our Parliament.
Czechoslovakia did it in just
48 hours!

Your truly
Lyn Bennetts
National Organiser of
VELVET REVOLUTION

https://www.facebook.com/…/Revolution-Unite…/730870617009164