This briefing paper examines developments in firearms regulation since late
2002, and some of the criminal conduct that has influenced reforms. While the
jurisdictional focus of the paper is New South Wales, developments at a
Commonwealth level are also outlined as they often provide a framework for the
States.
Chapter 2 – Background information: 1996 was a landmark year in
the evolution of firearms regulation in Australia. Events in 1996 that are
important for understanding the present regulatory system include the National
Firearms Agreement and the National Gun Buyback (pages 2-4).
Chapter 3 – Trends in gun violence: Statistics from national
and state research organisations are presented on various aspects of
firearms-related crime, such as the registration status of firearms and the
types of firearms used to commit offences. Also examined in this chapter is the
proliferation of gun violence in south-west Sydney in 2003, particularly
drive-by shootings and thefts of handguns from security guards. One of the key
policing responses to the problem was the formation of Task Force Gain (pages
5-17).
Chapter 4 – Sources of illegal firearms: Two sources of illegal
firearms in New South Wales are importation from overseas and thefts from local
legal stocks. The debate over which is the predominant source is reviewed, with
reference to Commonwealth and State political perspectives and empirical
studies (pages 18-21).
Chapter 5 – Recent legislation: Numerous legislative
restrictions upon firearms, especially handguns, have been introduced since
late 2002. Commonwealth Acts and regulations include the Customs (Prohibited
Imports) Amendment Regulations 2002, the Crimes Legislation Amendment
(People Smuggling, Firearms Trafficking and Other Measures) Act 2002, and
the National Handgun Buyback Act 2003 . The main legislative changes in
New South Wales are found in the Firearms Amendment (Public Safety) Act
2002, the Firearms Amendment (Prohibited Pistols) Act 2003, and the
Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 . New
legislation is also discussed in Chapter 7 on bail developments and Chapter 8
on the security industry (pages 22-33).
Chapter 6 – Handgun buyback and amnesty: The Council of
Australian Governments (COAG) resolved that a buyback scheme should operate
throughout Australia from 1 July 2003 to 31 December 2003 to provide
compensation for newly prohibited handguns. COAG also agreed that an amnesty
should be conducted to encourage the surrender of other illegally-held
handguns, without compensation, during the same period. The Commonwealth
Parliament passed the National Handgun Buyback Act 2003 to facilitate
funding arrangements with the States. In New South Wales, the starting date for
the buyback and amnesty was delayed to 1 October 2003, continuing until 31
March 2004 (pages 34-38).
Chapter 7 – Bail restrictions: The Bail Amendment (Firearms
and Property Offences) Act 2003 , which was not yet in force at the time of
writing, will create a presumption against bail being granted for a range of
firearms offences, including: unlicensed possession of a firearm; possession of
a loaded firearm in a public place; unauthorised selling, purchasing and
manufacturing offences; stealing firearms; firing at dwellings; and
unauthorised dealing in firearms or their parts on an ongoing basis (pages
39-41).
Chapter 8 – Regulating the security industry: Concerns over the
vulnerability of the security industry to criminal infiltration, in view of the
access that many security personnel have to firearms and sensitive information,
led to stricter eligibility criteria for licence applicants under the
Security Industry Amendment Act 2002 . Fingerprinting requirements for
security guards were tightened by the Security Industry Amendment (Licence
Conditions) Regulation 2003 , while further reforms under the Firearms
(General) Amendment (Security Industry) Regulation 2003 will restrict the
calibre of handguns available to security guards and improve the safe storage
of guns when the regulation commences on 1 May 2004 (pages 42-48).
Chapter 9 – Gun courts: In November 2003 the Carr Government
appointed Gordon Samuels QC to conduct a review into the suitability of
adopting gun courts in New South Wales. Gun courts are specialised courts that
exclusively deal with firearms-related offences. The first gun court in the
United States was established in 1994 in Rhode Island. There are different
versions of gun courts in the United States: some are created by legislation,
some consist of a designated judge or prosecutor at an existing court handling
all firearms cases, and often they accept only juvenile offenders. In addition,
numerous States have introduced court-imposed gun awareness programs (pages
49-60).