Proposed Australian National Firearms Laws

Change from State-based and comprehensive database

By Lee Capocchi

First and foremost: We are not proposing to take away firearms from legitimate and legal owners and users.

What we are proposing is changing shooter Licencing and Weapon registration from a State-based system to a National System.

Creating a National database modelled on existing Driver Licencing, Vehicle registration and fleet-ownership system.

Let’s get the major changes covered first

• A National Shooter and Weapons Authority.
• All shooter Licences and Weapons registrations to be renewed three yearly.
• A National Database that may be accessed by all interested and relevant parties. This will include Police, Security Agencies, Firearms Dealers, Gun Clubs, Shooting ranges and people buying and selling firearms. Access and ability to read or enter data will vary according to requirements of each group.
• Such usage to record each and every access, by whom and what was read or written, similar to the Police LEAP system.
• Recording of Ballistics for EVERY weapon in circulation. Starting with sales of new firearms by dealers, then when there is ownership transfer of second hand weapons, and the balance of existing weapons on Licence or registration renewal.
• Ballistics samples to be held by Authority. Details to be in database as per fingerprints.
• Group ownership laws which will include Police, Military where weapons are carried in Public Spaces, Clubs, Shooting Ranges.
• Automatic flagging within system or by authorities or other users.
• Transfer of ownership modelled on motor vehicle transfer with Buyer and Seller to complete and separately submit paperwork.
• Tighter rules for weapons stored by authorities.
• Speedy identification of lost or stolen weapons.
• Special permits or licences for those that do technical work on firearms. Renewed annually.
• Physical checks on flagged owners, weapons and special permits.
• Non-Citizens and visitors are not permitted to have a Weapons Licence and are not permitted to own or use a firearm.
  • An exception will be made for visiting shooting competitors and their weapons used for competitions/sports Eg commonwealth games or Olympics
• Permanent Residents may obtain a Provisional Licence and be limited to 1 firearm only. (Red P on Licence)
• Only citizens may hold a full licence and for the first 3 years from obtaining that licence (Green P on licence) may only possess 2 weapons.
  • an exception will be made for Professional shooters employed in this field
• Professional Shooters may have more than 5 weapons

Benefits of the new system

Lost or stolen weapons will be traceable to last known owner and location. Any responsible person or Authority will quickly know if a weapon is so lost or stolen. This will include buyers and dealers as well as police.

Any ballistic sample obtained at a crime scene will be traceable to last known owner and location and provide Authorities with a serial number and let them know if that weapon was reported lost or stolen. It will instantly link crimes committed with the same weapon.

The database will track which owners are permitted to use which weapons and the number and type owned.

Authorities (mainly police) will be more accountable to tracking all weapons held in custody or storage, as will dealers.

There will be tracking of weapons sent for destruction, which currently does not occur, and if weapon is used in a crime the data trail will point to what happened and who did it.

Police in cars will also be able to check or update quickly on their terminals or tablets.

Lost and stolen Police or Military weapons can be more easily tracked.

Illegally imported weapons will be readily identified.

Downsides of new system

Expect Kickback from:

• Police, Clubs, Ranges and even the Military
• Owners who currently do not have to regularly of frequently renew registration or licences
• Dealers who will need to set up access and purchase ballistics testing equipment.

For the first 3 years there will need to be a large team of staff doing data entry and filing of ballistics samples, after which activity will settle down to renewals and registration. The workload will be somewhat reduced by mandating dealers do the entry for new and secondhand weapons and do the ballistics testing. There will need to be designated police stations to do ballistics and certain tasks like late renewals, etc.

For remote or poorly serviced, paperwork and ballistic samples can be posted to the central authority using registered post.

Some details

All new weapons will be entered in the system and have with ballistics done at point of sale. So rather than fishing a bullet out of someone and simply identifying the type of weapon, authorities will know the serial number of the gun and who, if anyone, was the last owner.

Previous names and addresses of licence owners will be on display and also previous owners of weapons also will be immediately visible. A search of the database can be instigated to further trace history if needed.

Authorities can flag owners or weapons in the system manually and such flags automatically alert other authorities. Buyers or sellers can do a simple lookup to see the legitimacy of the gun or the buyer or seller quickly via web access. Dealers can do so likewise. Having a simple FLAG button on the page means suspicious activity can alert authorities and also dealers can flag suspicious or inappropriate behaviour immediately. For example someone trying to buy a weapon while intoxicated or theft of a gun from the store.

Police will need to issue a group licence for each officer issued with a gun and record the serial number and other details so that inappropriate use of weapon, or its theft of loss is immediately flagged on the system. because all the regulations and penalties are statuary, it removes the opportunity and perception of nepotism, favouritism and lack of accountability.

Military staff required to carry weapons in public (eg MPs carrying out duties in public and civilian spaces) will also need to provide such staff with group licences. All military hand weapons must have ballistics samples done and stored and must track weapons in the same way as civilian weapons. They can store samples and data including serial numbers, make and model.

Should any police or military weapon be lost, stolen or go missing, details including ballistics must be forwarded to authorities for inclusion in the database.

All damaged weapons, if considered “written-off”, must be recorded and forwarded to Authorities for destruction. Written-off weapons will be treated as illegal weapons if subsequently found in anyone’s possession.

Gun clubs and shooting ranges must also maintain appropriate records and no weapon (private or group owned) may be used in these situations without checking the database for shooter and weapon details and must also obtain and provide ballistic data for both private and group owned weapons. Clubs and Ranges will be responsible for data entry where required and providing ballistic samples to the Authority.

Ballistic samples must be forwarded to the Authority with the weapon details: Serial number, Make and Model and owner details, including Licence number, name and address.

Special Licences and Weapons include those making single, customised guns, or modifying existing guns such as stock and sight modifications for Left/Right handed people or those with a disability. such weapons must not made into illegal or illegally modified weapons.

People making such weapons MUST have a separate licence/permit in addition to a shooter licence and meet additional regulations and conditions. All such weapons must be marked with a special-class serial number that cannot be removed.

Proposed Database

Cross linking of datasets (fields, tables and other databases) as required) by database code staff according to requirements of Authorities.

Proposed Regulations

NATIONAL GUN REGULATIONS

[Modelled on existing Driver licencing, vehicle registration systems & fleet management]

National, with Federal Government to take over from States

LICENSING

Citizenship

• Only a citizen may have a full license
• Provisional licence only if permanent resident
• Provisional licence may only possess 1 weapon. Must be a club member.
• P (Red) on the licence

Licencing and renewal

• Renewals Every 3 years. Only 2 weapons for 1st licence period (P Green) on licence
• Late renewals: Guns MUST remain in safe and not be used until renewal is complete
• If renewal is up to 1 month late. Weapons may not be used.
• If renewal is 1 to 2 months late. Only renew at police station. Weapons may not be used.
• After 2 months late licence suspended. Can only be renewed by a Magistrate
• Cancellation at end of 3rd month without court application
• Weapons to be removed by police at end of 3rd month

Firearm ownership

• Only 1 on provisional licence
• Provisional licence holders may not have Class C, D or H weapons
• Only 2 for first renewal
• Max 5 weapons for full licence holder
• Professional shooters (Farmers, Pest Controllers, Vets to be registered and marked in database and may hold more than 5 guns including Class C, D & H

FIREARM REGISTRATION

Firearm Registration

• Every 3 years
• Late renewals: Guns MUST remain in safe and not be used until renewal is complete
• If renewal is up to 1 month late. Weapons may not be used.
• If renewal is 1 to 2 months late. Only renew at police station. Weapons may not be used.
• After 2 months late registration suspended. Can only be renewed at a Police station
• Cancellation at end of 3rd month without court application
• Unregistered Weapons to be removed by police at end of 3rd month

Ballistic Samples

• No new weapons to be sold without Ballistic samples provided
• All existing weapons to have ballistic samples provided within 3 years of enactment as in Transfer provisions.
• Failure to provide ballistic sample within time will result in registration suspended. Firearm may not be used and must be kept in Safe.
• Dealers to have Ballistic sample equipment within 3 years of enactment
• Designated locations for ballistic testing to be nominated including certain police stations and dealers. Must be accessible
• Ballistic sample and data to be forwarded to Authority. Data to be uploaded to database if possible

Transfer provisions

• Failure to provide ballistic sample within time will result in registration Suspended. Firearm may not be used and must be kept in Safe.
• Dealers to have Ballistic sample equipment within 3 years of enactment
• Designated locations for ballistic testing to be nominated including certain police stations and dealers. Must be accessible
• Ballistic sample and data to be forwarded to Authority. Data to be uploaded to database if possible

Firearm ownership transfer (Modelled as per vehicle transfer)

• Buyer and seller to complete forms and submit
• Weapons to locked in safe till receipt of transfer acknowledged
• Paperwork to be posted within 7 days or may be submitted to police station
• Dealer to arrange Ballistic sample to be obtained prior to being sold new weapons and for second hand weapons if sample not already obtained
• Ballistic sample to be obtained prior to being privately sold for second hand weapons if sample not already obtained
• Ballistic sample to be obtained for existing weapons at next Registration or Licence renewal if sample not already obtained

Firearm removal by authorities

• If removed for general non-compliance may be returned on court order
• If removed due to an offence, then stored until destruction if not evidence
• Storage location recorded & receipt issued in database
• ALL removed firearms MUST have ballistic sample, if not already done, whether or not co-offence committed
• All weapons in police storage must be audited every month. If missing, investigation must be commenced immediately

DATABASE

• ALL people accessing the Database Must be recorded (as per LEAP database)
• Must be able to be accessed nationally
• Must automatically flag duplicate serial numbers
• Must automatically flag anomalies
• Relevant parts of the database must be accessible to security Authorities
• ➢ Must be able to flag owners or weapons
• Must be able to alert authorities
• Police must be able to access data for
• ➢ Safety, legal and court reasons
• ➢ Be able to enter or search ballistic data
• ➢ Flag owners, licence holders, weapons used in crimes
• ➢ Record variations, weapons forfeiture, destruction, etc
• Owners/Buyers should be able to search for validity of buyer/seller/weapon status
• Relevant parts of the database must be accessible to Dealers
• ➢ to check ownership and legality of weapon and owner,
• ➢ Register sale to owner and weapon details
• ➢ upload ballistics data
• ➢ Report issues with owners/buyers/sellers/weapons

CLUB MEMBERSHIP

• Club to submit membership details within 7 days or at police station
• Type of club
• Club to notify of aberrant or suspicious behaviour
• Club to notify if membership ceases

ALL other existing firearms laws to be maintained, including securing of guns, etc.

OFFENCES

• Forfeiture as per Firearm removal
• Fines
• Possible jail term 6 months max

Possession of Unregistered weapon

• Forfeiture as per Firearm removal
• Potential loss of licence
• Fines
• Possible jail term 6 months max

Possession of illegal weapon type

• Automatic Loss of Licence
• Forfeiture as per Firearm removal. Will not be returned
• Stored until destruction if not evidence. If evidence then destruction at the end of 3 months after last legal action
• Fines
• 12 months jail maximum

Possession of illegal modified weapon

• Automatic loss of Licence
• Forfeiture as per Firearm removal. Will not be returned
• Stored until destruction if not evidence. If evidence then destruction at the end of 3 months after last legal action
• Fines
• 12 months jail maximum

Weapon used in crime

• Automatic loss of Licence
• Forfeiture as per Firearm removal. Will not be returned
• Stored until destruction if not evidence. If evidence then destruction at the end of 3 months after last legal action
• Fines
• 2 years jail maximum

Penalties

Min sentences for offences to be cumulative, on top of penalty for crime min sentence. Ie Non Parole period extended. Weapons forfeited and destroyed 3 months after evidence requirements unless court order. eg needed for evidence in other crimes

Life sentences must have other firearms offences recorded as conviction. Not discounted or ignored due to the life sentence being imposed.

Definitions

• Illegal weapon: any non-approved weapon for licence holder or banned type of weapon, eg fully automatic, police issue, military, etc
• Illegally modified weapon: eg Converted to Auto, serial number removed, silencer, etc
• Special Licence categories:

1. Police
2. Military (eg. MPs engaged in work requiring weapons off base in the civilian Sphere)
3. Competition
4. Professional
5. Other

• Group ownership. Where groups such as Gun Clubs, Police & Military own the weapons, all members carrying a weapon in public MUST have a Group issued Licence and holders MUST be recorded in the registry. The Group Must maintain records equivalent to the Civilian registry, including the same details for weapons registration and ballistics and have Ballistics samples stored for access by Authorities. Civilian Gun Clubs must have all group owned weapons recorded in the same civilian registry.
• ➢ All lost, stolen or missing weapons from any group ownership, including gun clubs, police or military must be reported to Authorities along with weapons details & ballistic data and be added to national database

Hand: Handgun

Long: Long gun/rifle

Shot: Shotgun

XB: Crossbow

Comp: Competition weapon

Special:Special weapon. Eg Handmade, Experimental, 3D Printed

• A permit or licence is required to produce or possess Special Categories. Can only be issued to a full licence holder
• Are only valid for 1 year. May be renewed
• All Special weapons must have a unique identifier that is non-removable.
• Special permit is also required for any customising of commercial weapon such as Grip/Stock for LH/RH shooter or sights or to compensate for disability. No other changes may be made, or gun becomes illegal weapon or illegal modified weapon. Dealers may do this with permit
• Weapons so produced Must be presented to Authorities for examination and for weapon Safety, ballistics recording and entering in database
• Other than the modification of stocks and sights, all other permit holders MUST have equipment stored in a room with reinforced doors with multi-point door locks in addition to gun and ammunition safes containing weapons within.
• 3D printed guns may only be produced as models for manufacturing a customised gun. They must be destroyed after the process. Possession beyond these conditions constitute an Illegal Weapon with penalties under those provisions
• 3D printers must be locked out when not in use so cannot be used by others and not connected to other computers.
• All equipment, weapons and workspaces subject to at least 3 random inspections per year by police or designated authority.

This article was originally published on The SPICE

 

Also by Lee Capocchi:

Issues with AI and the only solution to the dangers of AI

 

Keep Independent Journalism Alive – Support The AIMN

Dear Reader,

Since 2013, The Australian Independent Media Network has been a fearless voice for truth, giving public interest journalists a platform to hold power to account. From expert analysis on national and global events to uncovering issues that matter to you, we’re here because of your support.

Running an independent site isn’t cheap, and rising costs mean we need you now more than ever. Your donation – big or small – keeps our servers humming, our writers digging, and our stories free for all.

Join our community of truth-seekers. Donate via PayPal or credit card via the button below, or bank transfer [BSB: 062500; A/c no: 10495969] and help us keep shining a light.

With gratitude, The AIMN Team