Page 2, Resolutions of Australasian Police Ministers' Council SpecialFirearms Meeting
Return to Page 1
7. Permit to Acquire
RESOLUTION
Council resolved:
(a) that a separate permit be required for the acquisition of every firearm.
(b) that the issue of a permit should be subject to a waiting period of at least 28 days to enable appropriate checks to be made on licensees in order to ascertain whether circumstances have occurred since the issuing of the original licence which would render the licensee unsuitable to possess the firearm or which would render the licensee ineligible for that type of firearm.
Council agreed to implement its resolution via the following action plan:
- New South Wales, Queensland, Tasmania, the ACT and the Northern Territory to require a separate permit to be required for the purchase of every firearm.
- All jurisdictions to require a separate permit for any other method of acquisition of every firearm.
- All jurisdictions to establish a 28-day waiting period prior to the issuing of all firearms permits.
8. Uniform Standard for the Security and Storage of Firearms
RESOLUTION
Council resolved that all firearms and ammunition be stored in secure conditions as follows:
- it should be a precondition to the issuing of a new firearms licence (and on each renewal of licence in respect of existing licence holders) that the licensing authority be satisfied as to the proposed storage and security arrangements;
- legislation should have the effect of making failure to store firearms in the manner required an offence as well as a matter that will lead to the cancellation of the licence and the confiscation of all firearms;
- measures should be indicated in legislation for the storage of firearms which are specific and clear so that firearm owners and possessors know their obligations and the following minimum basic standards should apply:
- Licence Category A and B: storage in a locked receptacle constructed of either hard wood or steel with a thickness to ensure it is not easily penetrable. If the weight is less than 150 kilograms the receptacle shall be fixed to the frame of the floor or wall so as to prevent easy removal. The locks fitted to these receptacles shall be of sturdy construction;
- Licence Category C, D and H: storage in a locked, steel safe with a thickness to ensure it is not easily penetrable, bolted to the structure of a building; and
- all ammunition must be stored in locked containers separate from any firearms.
- should a firearms owner or possessor wish to store firearms through measures other than those indicated in legislation, he or she would have the burden of persuading the firearms regulatory authority that he or she can provide the level of security not less than that required by the relevant approved practices;
- in order to govern safekeeping when firearms are temporarily away from their usual place of storage, legislation could provide a statement indicating reasonable precautions to take to ensure the safekeeping taking into consideration situations most likely to be encountered. A basic standard that should be included in the statement is that the holder of the licence "must take reasonable care to ensure that the firearm is not lost or stolen and must take reasonable care to ensure that the firearm does not fall into the hands of an unauthorised person";
- the firearms safety booklet to be distributed to all new licence applicants prior to attending for a course of instruction should also feature clear and precise information on the obligations as regards storage of firearms;
- a reminder of safe storage responsibilities should be on the licence itself;
- security at gun dealer premises will require the dealer meeting such additional requirements as the firearms regulatory authority deems appropriate having regard to the type of activity of the dealer;
- where approval has been given for the possession or use of a firearm for a limited purpose such as film production (see 3.3), the person authorised must meet such requirements as the firearms regulatory authority deems appropriate having regard to the type of activity for which possession has been authorised.
Council agreed to implement its resolution via the following actionplan:
- All jurisdictions to develop a standard approach to the storage of firearms and ammunition.
RTN TO TOP
9. Recording of Sales
RESOLUTION
Council resolved:
(a) that firearms sales be conducted only by or through licensed firearms dealers.
(b) that the following principles should underpin firearms dealer recording of firearms transactions:
- firearms dealers should continue to be obliged under penalty to ensure that purchasers are appropriately licensed for the firearm to be purchased;
- firearms dealers should be required to record and maintain details (type, make, calibre and serial number) of each weapon purchased or sold against the identity (name, address and licence number) of the seller or the purchaser;
- firearms dealers should be required to provide records to the National Register of Firearms through the State/Territory licensing authority;
- police personnel investigating a crime or checking the compliance of licensed gun dealers with recording responsibilities should have the right to inspect the records of licensed gun dealers without the need to give notice to the licensee; and
- special provisions may have to be put in place in those jurisdictions which have remote locations where licensed gun dealers may not be readily available (it may be possible, for instance, to authorise local police officers to certify sales/purchases in such circumstances).
(c) that jurisdictions legislate to allow the sale of ammunition only for those firearms for which the purchaser is licensed and that there be limits on the quantity of ammunition that may be purchased in a given period.
(d) on the purchase of ammunition, the relevant licence must be produced.
Council agreed to implement its resolution via the following action plan:
- All jurisdictions to legislate to ensure that firearms sales be conducted only by or through licensed firearms dealers.
All jurisdictions to adopt the following principles to underpin firearms dealer recording of firearms transactions:
- firearms dealers should continue to be obliged under penalty to ensure that purchasers are appropriately licensed for the firearm to be purchased;
- firearms dealers should be required to record and maintain details (type, make, calibre and serial number) of each weapon purchased or sold against the identity (name, address and licence number) of the seller or the purchaser;
- firearms dealers should be required to provide records to the National Register of Firearms through the State/Territory licensing authority;
- police personnel investigating a crime or checking the compliance of licensed gun dealers with recording responsibilities should have the right to inspect the records of licensed gun dealers without the need to give notice to the licensee; and
- special provisions may have to be put in place in those jurisdictions which have remote locations where licensed gun dealers may not be readily available (it may be possible, for instance, to authorise local police officers to certify sales/purchases in such circumstances).
All jurisdictions to legislate to allow the sale of ammunition only for those firearms for which the purchaser is licensed and to place limits on the quantity of ammunition that may be purchased in a given period.
On the purchase of ammunition, the relevant licence must be produced.
RTN TO TOP
10. Mail Order Sales Control
RESOLUTION
Council resolved:
(a) to adopt the following principles in relation to mail order firearmssales:
- mail order arrangements will apply strictly on a licensed gun dealer to licensed gun dealer basis;
- advertisement of firearms for sale will be prohibited unless the sale is to be conducted by or through a licensed gun dealer;
- the movement of firearms covered by Licence Categories C, D and H must be in accordance with prescribed safety requirements;
- the commercial transport of ammunition with firearms will be prohibited; and
(b) that each jurisdiction pass the necessary legislation to enforce these principles within their borders.
Council agreed to implement its resolution via the following actionplan:
- All jurisdictions to develop and introduce legislation to ensure that, within their own borders, -
- mail order arrangements will apply strictly on a licensed gun dealer to licensed gun dealer basis;
- advertisement of firearms for sale will be prohibited unless the sale is to be conducted by or through a licensed gun dealer;
- the movement of firearms covered by Licence Categories C, D and H will be in accordance with prescribed safety requirements; and
- the commercial transport of ammunition with firearms will be prohibited.
- All jurisdictions to consider whether they wish to put in place measures to provide for individuals living in remote locations where gun dealers are not readily available.
RTN TO TOP
11. Compensation/Incentive Issues
RESOLUTION
Council resolved:
(a) that a common basis for fair and proper compensation, based onthe value of each firearm as at March 1996, be agreed between jurisdictions to prevent gun owners from offering their firearms to the State/Territory which offers the 'best price'.
(b) that there be a public education campaign to highlight the firearms amnesty and compensation program.
(c) to note that the Commonwealth will make a financial contribution to the public education campaign.
(d) that a 12 month national amnesty be established, during which the public education campaign would persuade firearm owners to comply, and warn of severe penalties where firearms are not voluntarily surrendered.
(e) that, after the amnesty has concluded, each jurisdiction have severe penalties, which to the extent practicable should be uniform,for breaches of the firearms control laws.