This briefing paper provides a update of developments in firearms regulation in
Australia and overseas since May 1996. The history of firearms laws in New
South Wales, the events leading to the reform of those laws, and the arguments
for and against gun control were discussed in the 1996 briefing paper Gun
Control: Historical Perspective and Contemporary Overview.
- Nationwide Agreement on Firearms
At a special firearms meeting of the Australasian Police Ministers' Council
("APMC") on 10 May 1996, all Australian Governments reached an
historic agreement for comprehensive firearms law reform. The eleven
resolutions passed by the APMC became known as the "Nationwide Agreement
on Firearms". Prior to the agreement, firearms laws differed greatly
across the States and Territories. Since the agreement, every State and
Territory has made substantial changes to its firearms laws (page 1).
- Overview of the NSW Firearms Legislation
The NSW firearms laws changed on 1 July 1997 with the commencement of the
Firearms Act 1996 (NSW) and the Firearms (General) Regulation 1997 (NSW). Under
the new regime any current licence holder had to apply for a new licence before
30 July 1998. The most significant changes to the gun laws were as follows:
- a general ban on the use of semi-automatic rifles and shotguns
and pump action shotguns, except for specific purposes;
- new licence categories;
- the introduction of a single licence which can cover multiple
licence categories;
- proof of genuine reasons for a licence and special need for
some licence categories;
- the introduction of firearms registration;
- new storage requirements.
Under section 92 of the Firearms Act 1996, a review of its operation is to be
conducted 3 years after the date of its assent and a report tabled in
Parliament within 12 months after the end of the 3-year period (pages 1-10).
- Comparison of the NSW firearms laws with the Nationwide
Agreement on Firearms
New South Wales substantially complies with the Nationwide Agreement and
subsequent resolutions of the APMC. Areas of non-compliance include membership
of recreational hunting clubs as a genuine reason for owning or possessing a
firearm, the provision for minors' permits, the lack of a maximum limit on the
amount of ammunition that can be purchased in a given period, the absence of a
prohibition of the commercial transport of firearms with ammunition, and the
lack of mandatory and approved safety training courses for first time licence
applicants (pages 10-19).
- Comparative Overview - Firearms Legislation in other
States and Territories
All States and Territories have made significant changes to their firearms laws
to bring them into line with the Nationwide Agreement on Firearms, although no
jurisdiction fully complies with Agreement. In contrast to a number of other
States and Territories, New South Wales complies with the APMC resolutions with
respect to the 28 day waiting period for licences and permits, and the physical
need and ACTA affiliated club requirements for access to Category C firearms
for clay target shooting.
The question as to whether the reforms which have taken place in recent years
do, in fact, constitute a uniform national scheme is open to conflicting
interpretations. There are differences between the various jurisdictions, some
of which are points of detail. However others are more substantial in nature,
such as the varying requirements in place for firearms safety training courses
(pages 19-34).
- The Number of Firearms and Firearm Owners
In brief, there are no accurate figures on the number of firearms and the
number of firearm owners in Australia. Prior to the enactment of the new
firearm laws, there was no national register of firearms, and figures are not
yet available from the new national register. Further, in addition to legally
held firearms, the number of illegally held firearms must be considered.
Clearly, only estimates of the number of illegal firearms can be given and
opinions differ on the appropriate estimates.
Under the 1996-97 national buyback scheme, 643,726 firearms which were
prohibited under the new laws were handed in. Opinions differ on how many
prohibited firearms were not surrendered. Estimates of the percentage of
prohibited firearms handed in range from 43% to 80%.
At the time of writing, the NSW Firearms Registry is unable to provide
statistics as it has had problems with its system, and is currently reviewing
its data. However, in August 1999, the Sydney Morning Herald published an
article stating that a preliminary assessment of information from the Registry
shows that 993,000 firearms are registered in NSW. However, the article stated
that this figure is likely to fall when the Registry completes its review of
the database (pages 34-38).
- The Impact of the Nationwide Agreement on
Firearms
The Australian Institute of Criminology is monitoring the effect of the new
guns laws and has recently concluded that it is still too soon to determine
definitively whether Australia's uniform laws have achieved their aim in
reducing firearm-related violence and misuse. However, preliminary findings
indicate a decline in firearm-related deaths (pages 38-39 ).
- Proposals for Amendments to the New Firearms Laws
Since the introduction of the new firearms laws, both sides of the gun control
debate have expressed dissatisfaction with aspects of the laws and have argued
for amendments. Some States have amended the laws contrary to some aspects of
the Nationwide Agreement. Areas where there have been calls for amendment
include waiver of the 28-day period, access to Category C firearms for members
of non-ACTA clubs, changes to the genuine reason of recreational hunting,
inspection of storage facilities, minors' permits, removal of guns from homes
in cities and towns, banning of semi-automatic handguns, and increased training
requirements (pages 39-51).
- Overseas Developments
Australia is not alone in the attention being given to firearms control. In the
past few years there have been worldwide increases in the level of interest in
firearms regulation. In particular, there have been significant recent
developments in Canada, New Zealand and the United Kingdom. In addition, the
United Nations is taking an active interest in firearms regulation (pages
51-58).
