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Gun Control Justin Healey

Volume 428 of the 'Issues in Society' series, edited by Justin Healey, explores gun control in Australia, highlighting the impact of the 1996 gun law reforms that significantly reduced gun deaths and eliminated mass shootings since then. The book discusses the ongoing debate regarding gun ownership rights, the effectiveness of current regulations, and the rise in illegal firearms despite stricter laws. It presents diverse perspectives on the topic, aiming to inform readers about the complexities of gun control in Australia.

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0% found this document useful (0 votes)
25 views65 pages

Gun Control Justin Healey

Volume 428 of the 'Issues in Society' series, edited by Justin Healey, explores gun control in Australia, highlighting the impact of the 1996 gun law reforms that significantly reduced gun deaths and eliminated mass shootings since then. The book discusses the ongoing debate regarding gun ownership rights, the effectiveness of current regulations, and the rise in illegal firearms despite stricter laws. It presents diverse perspectives on the topic, aiming to inform readers about the complexities of gun control in Australia.

Uploaded by

Aditya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Volume | 428

Gun Control

Edited by Justin Healey


Volume | 428
Gun Control

Edited by Justin Healey


First published by

PO Box 438 Thirroul NSW 2515 Australia


www.spinneypress.com.au

© The Spinney Press 2018.

COPYRIGHT
All rights reserved. Other than for purposes of and subject to the conditions prescribed under the Australian
Copyright Act 1968 and subsequent amendments, no part of this publication may in any form or by any means
(electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval
system or transmitted without prior permission. Inquiries should be directed to the publisher.

REPRODUCTION AND COMMUNICATION FOR EDUCATIONAL PURPOSES


The Australian Copyright Act 1968 (the Act) allows a maximum of one chapter or 10% of the pages of this work,
whichever is the greater, to be reproduced and/or communicated by any educational institution for its educational
purposes provided that the educational institution (or the body that administers it) has given a remuneration notice
to Copyright Agency Limited (CAL) under the Act.

For details of the CAL licence for educational institutions contact:


Copyright Agency Limited, Level 11, 66 Goulburn Street Sydney NSW 2000
Telephone: (02) 9394 7600 Fax: (02) 9394 7601 Email: info@copyright.com.au

REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES


Except as permitted under the Act (for example a fair dealing for the purposes of study, research, criticism or review)
no part of this book may be reproduced, stored in a retrieval system, communicated or transmitted in any form or
by any means without prior written permission. All inquiries should be made to the publisher at the address above.

Cover images courtesy of iStock.


CONTENTS

CHAPTER 1 GUN CONTROL IN AUSTRALIA


No massacres and an accelerating decline in overall gun deaths: the impact of 1
Australia’s major 1996 gun law reforms
National Firearms Agreement 3
Firearm legislation in Australia 21 years after the National Firearms Agreement 10
A national amnesty will not rid Australia of violent gun crime 13
Over 50,000 firearms handed in during national amnesty 13
Oversimplifying gun control issues can pose a real threat to community safety  16
Fact check: have firearm homicides and suicides dropped since Port Arthur 18
as a result of John Howard’s reforms?
Australia’s gun laws save lives – but are we now going backwards? 23
Australia’s gun numbers climb: men who own several buy more than ever before 25
Explainer: what is the Adler shotgun? And should restrictions on it be lifted? 27
Enhancing the national picture of illicit firearms 29
Illicit firearms in Australia 30
Gun culture alive and well in Australia, ranking sixth in firearm imports: expert 32
The legal minefield of 3D printed guns 34

CHAPTER 2 THE GUN CONTROL DEBATE


Gun ownership: a right or privilege? 36
Shooters and Fishers goes head-to-head with The Greens on gun control 38
What does human rights law say about gun control? 41
If government comes for Adler guns today, it’ll come for your hobby tomorrow 43
Gun laws should be tougher, not weakened in any way 44
The AMA has a poor aim on gun laws 45
The arguments that carried Australia’s 1996 gun law reforms 46
Creeping firearm ownership regulations remain problematic for farmers 48
Targeting handgun competitors 49

Exploring issues – worksheets and activities 51


Fast facts 57
Glossary 58
Web links 59
Index 60
INTRODUCTION

Gun Control is Volume 428 in the ‘Issues in Society’ series of educational resource books. The aim
of this series is to offer current, diverse information about important issues in our world, from an
Australian perspective.

KEY ISSUES IN THIS TOPIC


Over two decades ago, federal, State and Territory governments united in the wake of the devastating 1996
Port Arthur massacre to reform firearm laws in a concerted bid to reduce gun violence in Australia. The recently
updated National Firearms Agreement and ongoing firearms amnesties have consolidated this national approach
to gun control. However, Australia’s arsenal of private guns is now larger than it was before the Port Arthur
massacre, and there have been a number of politically-driven campaigns in various jurisdictions to reduce
restrictions in State and Territory gun control legislation.
There are more imported firearms coming into Australian than ever before; at least 260,000 guns are estimated to
be currently held illegally in Australia. Crime, terrorism, homicide, suicide – how much do guns actually figure in
this deadly mix? Are we at risk of adopting a pervasive and deadly gun culture like that of the United States? Are
we going backwards on gun control, or are our gun laws too restrictive?
This book explores the ongoing gun debate, featuring a range of opinions on firearms restrictions from both gun
control advocates and the gun lobby. How extensively should the ownership and use of firearms be regulated
in Australia?

SOURCES OF INFORMATION
Titles in the ‘Issues in Society’ series are individual resource books which provide an overview on a specific subject
comprised of facts and opinions.
The information in this resource book is not from any single author, publication or organisation. The unique value
of the ‘Issues in Society’ series lies in its diversity of content and perspectives.
The content comes from a wide variety of sources and includes:
hh Newspaper reports and opinion pieces hh Statistics and surveys
hh Website fact sheets hh Government reports
hh Magazine and journal articles hh Literature from special interest groups

CRITICAL EVALUATION
As the information reproduced in this book is from a number of different sources, readers should always be aware
of the origin of the text and whether or not the source is likely to be expressing a particular bias or agenda.
It is hoped that, as you read about the many aspects of the issues explored in this book, you will critically evaluate
the information presented. In some cases, it is important that you decide whether you are being presented with
facts or opinions. Does the writer give a biased or an unbiased report? If an opinion is being expressed, do you
agree with the writer?

EXPLORING ISSUES
The ‘Exploring issues’ section at the back of this book features a range of ready-to-use worksheets relating to
the articles and issues raised in this book. The activities and exercises in these worksheets are suitable for use by
students at middle secondary school level and beyond.

FURTHER RESEARCH
This title offers a useful starting point for those who need convenient access to information about the issues
involved. However, it is only a starting point. The ‘Web links’ section at the back of this book contains a list of
useful websites which you can access for more reading on the topic.
CHAPTER 1
Gun control in Australia

NO MASSACRES AND AN ACCELERATING


DECLINE IN OVERALL GUN DEATHS:
THE IMPACT OF AUSTRALIA’S MAJOR 1996 GUN LAW REFORMS
An overview on gun control in Australia by Professor Simon Chapman

T
wenty years ago, Australian federal, state and
territory governments united to reform our
firearm laws which had allowed easy access in
some states to the military-style weapons of the sort
used by the gunman in Orlando, Florida.*

The main provisions of the new laws included:


•• A ban on semi-automatic rifles and pump action
shotguns, with a market price buy-back of all
now-banned guns
•• Uniform gun registration
•• End of “self-defence” as an acceptable reason to
own a gun
•• End of mail order gun sales.

So, after 20 years of our new gun laws, what has


happened to gun deaths?
In the 18 years between 1979 and April 1996,
Today, our study of intentional firearm deaths
in Australia between 1979 and the present has been
Australia saw 13 massacres (five or more victims,
published in JAMA (Journal of the American Medical not including the perpetrator) where 104
Association). victims died. In the twenty years and nearly
The new gun laws were introduced because of the two months since the Port Arthur massacre and
near-universal outpouring of revulsion Australians felt the passage of the law reforms that followed
over the ability of someone to go into a public place and swiftly afterwards, we have seen precisely none.
murder lots of people quickly with rapid-fire firearms.
In the 18 years between 1979 and April 1996,
Australia saw 13 massacres (five or more victims, not person shot in a mass killing, 139 others suicided or
including the perpetrator) where 104 victims died. were murdered with guns in incidents where less than
In the twenty years and nearly two months since five people died (most typically one or two).
the Port Arthur massacre and the passage of the law While the gun laws were introduced explicitly to
reforms that followed swiftly afterwards, we have reduce the likelihood of mass shootings, we were
seen precisely none. interested in whether the removal of what turned
The Gun Violence Archive reports that in the United out to be some 750,000 semi-automatic and rapid fire
States, the Orlando shootings were the 1,000th mass weapons from the community may have had collateral
shooting incident in 1,260 days. In those incidents benefits on trends in these non-mass killings.
1,134 people were shot dead and 3,950 were injured. By one argument, the outlawing of semi-automatic
rifles might have made little difference to the firearm
Mass killings a small fraction of all gun deaths suicide rate because such firearms are irrelevant to
Australia’s 104 victims of mass shootings represent suicide: only one shot is generally fired when people try to
a small fraction of all people intentionally shot dead suicide with a gun, so a semi-automatic is not necessary.
in Australia across the years we examined. For every But by another argument, any firearm-semi-automatic

Issues in Society | Volume 428 Gun Control 1


or not – can be used, so the removal of a large number 1994-2007 concluded that much of the decline was
of one category of gun might nonetheless have impacts explained by changes toward the use of less fatal
on non-mass killings. methods. Fewer people killed themselves using motor
Here’s what we found. vehicle exhaust and this explained nearly half of the
From 1979 to 1996 (the year of the gun law reforms), overall decline in suicide deaths.
total intentional firearm deaths in Australia were Suicide using firearms had the highest fatality rates
declining at an average 3% per year. Since then, (74%) with self-poisonings lowest at 1.4%. That study
the decline in total firearm deaths accelerated to noted that “the decline in firearm deaths over the study
5% annually. period was due primarily to a decline in attempts;
With gun suicide deaths, over the same comparison lethality remained relatively flat.”
periods, there was a statistically significant accelera- Guns have the highest “completion” or fatality rate
tion in the downward trend for firearm suicides and a in suicides compared to all other methods, so with
non-significant acceleration in the downward trend in evidence that suicide method choice is moving more
firearm homicides. toward less lethal means, it’s understandable that
We also examined total all-method homicides and overall suicide rates could be falling faster than those
suicides data to assess the possibility that reduced access for firearms where there has been no change in the
to firearms saw people substitute other lethal methods completion rate. If you shoot yourself you are highly
to commit suicide or homicide. From 1979 to 1996, the likely to die, but not so with many other methods.
average annual rate of total non-firearm suicide and Another factor, which combined with the high leth-
homicide deaths was rising at 2.1% per year. Since then, ality of guns when used in both suicides and assaults, is
the average annual rate of total non-firearm suicide the proliferation of the mobile phone over the past 20
and homicide deaths has been declining by 1.4%. This years. A 1997 study found 12% of 764 cell phone users
supports a conclusion there has been no substitution had used their phone to call emergency services to a
of other lethal means for suicides or homicides. road crash and 6% to a non-road medical emergency.
Finally, we found that the post-1996 decrease in
the rates of non-firearm suicide and homicide were As we wrote in our JAMA paper:
larger than the decreases for suicide and homicide With increasing cell phone use over the past 20 years,
involving firearms. it is plausible that ambulances will have increasingly
There are two likely explanations for this. Another attended traumatic incidents like assaults and suicide
study of the decline in suicide in Australia between attempts earlier than in previous times when landlines
were only or more commonly used to make such calls.
There have also been improvements in emergency
care, and the lower lethality of non-firearm assault
and suicide may explain the greater reductions in
non-firearm homicide and suicide rates.
When it comes to firearms, Australia is a far safer
place today than it was in the 1990s and in previous
decades. We have the leadership of John Howard to
thank for this.
Today, politicians like the National Rifle Associat-
ion’s local Australian hero Senator David Leyonhjelm
are doing what they can to water down aspects of our
gun laws as occurred with Leyonhjelm’s deal with the
government to allow the importation of the massacre-
ready Adler shotgun. Will the Prime Minister after the
July 2 election have sufficient Howard-like leadership
to ban the Adler?
* On 12 June 2016, Omar Mateen, a 29-year-old security guard,
killed 49 people and wounded 58 others in a terrorist attack/hate
crime inside Pulse, a gay nightclub in Orlando, Florida, United States.

Simon Chapman is Emeritus Professor in Public Health,


University of Sydney.

Chapman, S (23 June 2016). No massacres and an


accelerating decline in overall gun deaths: the impact of
Australia’s major 1996 gun law reforms. Retrieved from
https://theconversation.com on 22 February 2017.

2 Gun Control Issues in Society | Volume 428


NATIONAL FIREARMS AGREEMENT
In February 2017, the Law, Crime and Community Safety Council agreed to an
updated National Firearms Agreement. The updated agreement amalgamates
the 1996 National Firearms Agreement and 2002 National Handgun Agreement
into a single point of reference for firearms regulation in Australia.

Opening statement purposes (for example


1. The National Firearms Agreement constitutes a slides, barrels, receivers
national approach to the regulation of firearms. and frames) which
The Agreement affirms that firearms possession could be used to assemble
and use is a privilege that is conditional on the a prohibited handgun or
overriding need to ensure public safety, and convert a permitted handgun
that public safety is improved by the safe and into a prohibited handgun.
responsible possession, carriage, use, registration, 6. Jurisdictions will ban the sale, resale, transfer,
storage and transfer of firearms. possession, manufacture and use of those semi-
2. This Agreement sets out minimum requirements automatic long arms and pump action shotguns
in relation to the regulation of firearms. Nothing included in Licence Category C and D other than
in this Agreement prevents jurisdictions from in the following exceptional circumstances:
adopting additional – including more restrictive (a) Military use
– regulations. (b) Police or other government purposes
3. Having regard to the National Firearms Trafficking (c) Occupational categories of licence holders
Policy Agreement, first agreed in 2002, jurisdictions who have been licensed for a specified
agree to establish or maintain substantial penalties purpose, including
for the illegal possession of a firearm. i. The extermination of animals
ii. Film and theatrical armourers
Provision to maintain fundamental aspects iii. Firearm dealers
of the national firearms agreement iv. Firearm manufacturers
4. The Council of Australian Governments and its v. Additional occupational needs and other
subordinate bodies will periodically consider emer- limited purposes as authorised by legislation
ging issues relating to this Agreement, including, or Ministerial discretion
for example, improvements and advancements in (d) Collectors
firearm technologies. Issues for consideration will (e) In the case of Category C shotguns
be those which will ensure that the Agreement i. Members of the Australian Clay Target
remains true to its fundamental aspects, being: the Association or clubs affiliated with the
requirement for a genuine reason for possessing Australian Clay Target Association with a
or using a firearm, the appropriate categorisa- medical need to use a Category C shotgun
tion of firearms, the registration of firearms, due to a lack of strength or dexterity, or
firearms licensing (including fit and proper person ii. Individuals who were on 15 November 1996
requirements), the requirement for a permit to registered shooters with the Australian Clay
acquire each firearm, the safe and secure storage Target Association and who, at that time,
of firearms, the recording of firearms sales, and possessed a semi-automatic shotgun or
suitable firearms transaction practices. pump action repeating shotgun for use in
clay target events.
Restrictions on certain firearms 7. Jurisdictions will restrict the importation, possess-
5. The Commonwealth will restrict the importation of: ion and use of handguns for sporting purposes to
(a) All semi-automatic long arms and pump individuals meeting recognised sporting shooter
action shotguns, and all parts – including classifications in the Olympic and Commonwealth
magazines – for such firearms, included in Games and for other accredited events that meet
Licence Categories C and D the conditions in paragraph 14(b)(i).
(b) Magazines with a capacity greater than thirty 8. Jurisdictions will ban competitive shooting
for long arms and magazines with a capacity involving those long arms which are restricted
greater than twenty for handguns from import, except for those individuals who
(c) All handguns for sporting shooting purposes meet the conditions in paragraph 13(b)(iii).
other than those which meet the prescribed
characteristics – including barrel length, Genuine reasons and need for acquiring,
magazine capacity and calibre – in paragraph possessing or using a firearm
14(b)(i) 9. Individuals must demonstrate a genuine reason
(d) Handgun parts for sport shooting for acquiring, possessing or using a firearm.

Issues in Society | Volume 428 Gun Control 3


The genuine reasons and relevant qualifying (b) Firearms permitted for acquisition, possession
statements are listed in paragraphs 13-23. or use under this genuine reason are:
10. Personal protection is not a genuine reason for i. Category A
acquiring, possessing or using a firearm. ii. Category B
11. Over and above satisfaction of the “genuine 16. Primary producers
reason” test, an applicant for a licence must (a) Primary producers must satisfy the licensing
demonstrate a genuine need for the particular authority that there is a genuine need for
type of firearm (excluding Category A firearms). the use of the firearm which pertains to the
12. Only certain categories of firearms can be acquired, applicant’s occupation and which cannot be
possessed or used under each genuine reason. Cat- achieved by some other means. The application
egories of firearms are listed in paragraphs 25-29. is to be approved by the Commissioner of the
Police who may impose conditions as to the use
Genuine reasons of the firearms, including as to the geograph-
13. Sports shooters – long arms ical location of its use.
(a) Sports shooters must have a valid membership (b) Firearms permitted for acquisition, possession
with an approved club (defined as clubs or use under this genuine reason are:
participating in shooting sports recognised in i. Category A
the charters of such major sporting events as ii. Category B
the Commonwealth Games, Olympic Games iii. Category C – where the licensing authority is
or World Championships). satisfied that there is a genuine need for the
(b) Firearms permitted for acquisition, possession use of the firearm which cannot be achieved
or use under this genuine reason are: by some other means (including the use of
i. Category A Category A or B firearms). Primary producers
ii. Category B are limited to one Category C shotgun and
iii. Category C shotguns, limited to one Category C rifle.
1. Members of the Australian Clay Target iv. Category D – where the licensing authority is
Association or clubs affiliated with the satisfied that there is a genuine need for the
Australian Clay Target Association with a use of a Category D firearm for the purposes
medical need to use a Category C shotgun of controlling vertebrate pest animals in
due to a lack of strength or dexterity, or the course of primary production activities.
2. Individuals who were on 15 November 1996 Jurisdictions may require individuals to
registered shooters with the Australian meet additional requirements (for example,
Clay Target Association and who, at that and marksmanship) to qualify for Category
time, possessed a semi-automatic shot- D acquisition, possession or use, or to
gun or pump action repeating shotgun establish certain facts (for example, lack
for use in clay target events. of other pest control options) in order to
14. Sports shooters – handguns demonstrate need.
(a) Sports shooters must have a valid membership 17. Occupational requirement (other rural purposes
with an approved club. and professional shooters for nominated
(b) Firearms permitted for acquisition, possession purposes)
or use under this genuine reason are: (a) Persons with an occupational interest must
i. Category H – the firearm must be designed or satisfy the licensing authority that there is
adapted for competition target shooting, or a genuine need for the use of the firearm
must have a barrel length of at least 120mm which pertains to the applicant’s occupation
for a semi-automatic handgun or 100mm for and which cannot be achieved by some other
a revolver or a single shot handgun. If the means. The application is to be approved by the
firearm is fitted with a firearm magazine or Commissioner of the Police who may impose
cylinder, it must have a capacity of not more conditions as to the use of the firearms, includ-
than 10 rounds. The calibre of the firearm ing as to the geographical location of its use.
must not exceed . 38” (with the exception of (b) Firearms permitted for acquisition, possession
cases listed under paragraph 14(c)). or use under this genuine reason are:
(c) Handguns with a calibre greater than . 38” but i. Category A
no greater than .45” are permitted only where ii. Category B
shooters are competing in the two accredited 18. Security employees
events known as Metallic Silhouette and (a) Firearms permitted for acquisition, possession
Single (Western) Action. or use under this genuine reason are:
15. Recreational shooters/hunters i. Category A
(a) Recreational shooters/hunters must produce ii. Category H
proof of permission from a landowner. 19. Collectors

4 Gun Control Issues in Society | Volume 428


(a) Collectors will be regulated by means of a licence (d) Rimfire rifle/shotgun combinations
and permit system which tests their bona fides. 26. Licence Category B
(b) Firearms permitted for acquisition and (a) Muzzle-loading firearms
possession under this genuine reason are: (b) Single shot, double barrel and repeating
i. Category A – must be rendered temporarily centrefire rifles
inoperable (c) Centrefire rifle/shotgun combinations
ii. Category B – must be rendered temporarily (d) Lever action shotguns with a magazine
inoperable capacity no greater than five rounds
iii. Category C – must be rendered temporarily 27. Licence Category C
inoperable (a) Semi-automatic rimfire rifles with a magazine
iv. Category D – must be rendered permanently capacity no greater than 10 rounds
inoperable (b) Semi-automatic and pump action shotguns with
v. Category H – must be rendered temporarily a magazine capacity no greater than five rounds
inoperable 28. Licence Category D
(c) For the purposes of handguns, jurisdictions (a) Semi-automatic centrefire rifles designed or
agree that they will accredit historical societies. adapted for military purposes or a firearm
Historical societies are required to notify which substantially duplicates those rifles in
police of a member’s expulsion as well as the design, function or appearance
reasons for expulsion. Accredited historical (b) Non-military style self-loading centrefire rifles
societies will be indemnified from civil or legal (c) Semi-automatic, pump action and lever action
liability where they notify police in good faith shotguns with a magazine capacity greater
of their belief that a person is unfit to hold a than five rounds
collector’s licence. (d) Semi-automatic rimfire rifles with a magazine
20. Heirlooms capacity greater than 10 rounds
(a) Jurisdictions agree that where the owner of 29. Licence Category H
an heirloom firearm is unable to establish a (a) All handguns, including air pistols.
genuine reason for possession of that firearm
and/or does not qualify for a collector’s licence, Nationwide registration
jurisdictions may issue the heirloom owner 30. Jurisdictions agree to the nationwide registration
with a special category of licence. The require- of all firearms. Jurisdictions will record sufficient
ments of that heirloom licence must be that: information to be able to uniquely identify each
i. Before the licence is issued, the owner firearm, including details prescribed by the
provides sufficient proof of inheritance of national information-sharing hub.
the heirloom 31. Jurisdictions agree to store registrations on a
ii. The licence apply only to a single gun, or a system which is able to share information with
matched pair or set the national information-sharing hub.
iii. All heirloom firearms be rendered perma-
nently inoperable Licensing
iv. The licence not authorise the discharge 32. Jurisdictions agree to maintain a uniform system
of the heirloom firearm or firearms in any of testing applicants for firearms licences.
circumstance. 33. In addition to the demonstration of genuine
21. Firearm dealers reason, a licence applicant must be required to:
(a) Jurisdictions must have regulations addressing (a) Be aged 18 or over
firearm dealers. (b) Be a fit and proper person
22. Firearm manufacturers (c) Be able to prove identity through a 100-point
(a) Jurisdictions must have regulations addressing system requiring a passport or multiple types
firearm manufacturers. of identification
23. Film and/or theatrical armourers (d) Undertake adequate safety training (see
(a) Jurisdictions must have regulations addressing paragraph 35).
film and theatrical armourers. 34. A licence must:
(a) Bear a photograph of the licensee
Categories of firearms (b) Be endorsed with the category of the firearm
24. The following categories are to be used in the (c) Be issued after a waiting period of not less
licensing of firearms. than 28 days
25. Licence Category A (d) Be issued for a period of no more than five years
(a) Air rifles (e) Contain a reminder of safe storage
(b) Rimfire rifles (excluding semi-automatic) responsibilities
(c) Shotguns (other than semi-automatic, pump (f) Be issued subject to undertakings to comply
action or lever action) with storage requirements, to provide details

Issues in Society | Volume 428 Gun Control 5


of proposed storage provisions at the time of i. A person is required to obtain a police
licensing, and to submit to a mutually arranged check and submit this with their
(with due recognition of privacy) inspection by application to join a shooting club
licensing authorities of storage facilities. ii. During the first six months a person
35. Requisite training will not be permitted to own a handgun,
(a) Jurisdictions agree that first time licence must satisfactorily complete a firearm
applicants must complete an accredited safety training course and meet minimum
course in safety training for firearms. The participation rates
course must be: iii. If a club certifies that a person has satisfac-
i. Comprehensive and standardised across torily complied with the conditions attached
Australia for all licence categories to the first six months’ probation, then
ii. Subject to accreditation of the course during the second six months a person will
syllabus, by an appropriate authority, only be permitted to own one .22” calibre
and a system of accredited instructors to rimfire pistol and one .177” air pistol, or
bring prospective licensees to the required one centrefire pistol and one .177” calibre
standard with a focus on firearms law, air pistol.
firearms safety and firearms competency (c) After the initial period of 12 months, acquisition of
iii. Monitored as to content of courses and the additional handguns is subject to demonstration
skills of instructors by firearms regulatory of genuine need, confirmation that the licensee
authorities. has adequate storage arrangements in place,
(b) Jurisdictions agree to have a separate specialised and specification of the competition shooting
training course for individuals employed by the discipline for which the handgun is required.
security industry. 37. Collectors
36. Sports shooters – handguns (a) The licensing process must include a provision
(a) Sports shooters must have a valid membership for an initial inspection of storage facilities and
with an approved club. for subsequent mutually arranged inspections. All
i. Clubs will have the power to request a police such inspections will be subject to the recognition
check on a person prior to accepting them of the individual’s right to privacy. The onus of
as a member of a club. defining ‘bona fide firearms collector’ rests with
ii. A person applying to join a club must provide each State and Territory. However, the follow-
that club with two character references from ing principles must underpin the regulation of
people they have known for at least two years. bona fide firearms collectors:
iii. Clubs must endorse a member’s application i. The firearms which are the subject of the coll-
to acquire a handgun. In endorsing the ection should be of or above a defined age
application, clubs should: ii. Firearms in a collection which have been
1. Confirm that the licensee has adequate manufactured after 1 January 1946 must
storage arrangements in place be rendered inoperable (whether or not
2. Specify for which competition shooting they are otherwise only required to be
discipline the handgun is required. rendered temporarily inoperable according
iv. To prevent ‘club shopping’, a person to paragraph 19(b))
wishing to join a club must provide to that iii. Collectors may not possess ammunition
club details of any other shooting clubs for a collection firearm
to which they belong and details of the iv. Any attempt to restore firearms in the
firearms they possess. In addition, clubs collection to usable condition should be
are empowered to request information regarded as a serious offence and subject
from licensing authorities on a member’s to severe penalties
or applicant’s possession of handguns and v. All operating firearms which are owned
their membership of other clubs. by the collector under separate licensing
v. Shooting clubs are required to provide arrangements should be subject to the
licensing authorities with an audited annual same level of regulation as any other
report providing member details, firearms operating firearm
possessed, and participation rates. vi. For the purposes of the collection of
(b) Jurisdictions agree to a system for graduated Category H firearms, genuine historical
access to handguns for legitimate sporting collectors must
shooters based on training, experience and 1. Be a member of a State or Territory accred-
event participation. The system will be based ited historical firearm collectors society
on graduated access to handguns over a 2. Have their licence application endorsed
period of 12 months and will incorporate the by an accredited historical firearms
following principles: collectors society

6 Gun Control Issues in Society | Volume 428


3. Comply with strict storage requirements licence revoked
4. Display a commitment as a student of iii. That sporting shooters meet minimum
arms in order to collect or retain post- participation rates annually, specifically
1946 handguns. that a sports shooter must participate in
38. Grounds for licence refusal or cancellation and a minimum number of six club organised
seizure of firearms competitive shooting matches, and for
(a) Jurisdictions agree to set out in legislation the each different type of handgun owned for
circumstances in which licence applications different events the sporting shooter must
(including renewals) are to be refused, licences undertake at least four club organised shoots
are to be cancelled, or firearms are to be iv. That clubs must notify licensing authorities
seized. The following minimum standards of concerns about club members’ suitability
must apply: to hold a licence, and indemnify clubs for
i. General reasons – not of good character, providing such information to licensing
conviction for an offence involving violence authorities about the suitability of club
within the past five years, unsafe storage, members to hold a licence. In particular,
contravention of firearms law, where it can jurisdictions will
be shown that the loss or theft of a firearm 1. Require sporting shooting clubs to report
was due to negligence or fraud on the part to police their concerns that a person may
of the licensee, no longer has a genuine pose a danger if in possession of a handgun
reason, not in public interest due to (defined) 2. Require sporting shooting clubs to notify
circumstances, not notifying of change of police of a member’s expulsion and the
address, or licence obtained by deception reasons for expulsion
ii. Specific reasons – where applicant/licence 3. Indemnify sporting shooting clubs from
holder has been the subject of an Apprehended civil or legal liability if they notify police
Violence Order, Domestic Violence Order, in good faith of matters identified in
restraining order or conviction for assault paragraphs 38(e)(iv)(1) and 38(e)(iv)(2)
with a weapon/aggravated assault within 4. Require sporting shooting clubs to ensure
the past five years that a person whose licence has been
iii. Mental or physical fitness – reliable evidence revoked or suspended does not use a
of a mental or physical condition which handgun at the sporting club
would render the applicant unsuitable for v. To support the operation of the fit and
acquiring, possessing or using a firearm. proper person test throughout the life
(b) In regard to 38(a)(iii), a balance is to be struck of the licence allowing for the licensing
between the rights of the individual to privacy authorities’ revocation of a person’s licence
and fair treatment, and the responsibility of and seizure of handguns on grounds of not
authorities – on behalf of the community – to being a fit and proper person at any time
prevent danger to the individual and the wider vi. To require suspension/cancellation of
community. licences and seizure of firearms immedi-
(c) Jurisdictions may impose appropriate ately upon the issue of an Apprehended
penalties, in addition to licence cancellation Violence Order or Domestic Violence
or seizure of firearms, for failure to comply Order to a firearm licence holder.
with security and storage conditions. 39. Medical authorities reporting model
(d) Jurisdictions will establish an appeal process (a) Jurisdictions agree that reporting provisions for
for refusal of a licence application or medical authorities be improved or maintained
cancellation of a licence. by indemnifying medical authorities from civil
(e) Specifically in relation to the cancellation of or criminal liability for reporting in good faith
Category H licences, jurisdictions agree: to police their concerns that a person may pose a
i. To introduce or maintain laws allowing danger if in possession of a firearm or applying for
the Commissioner of Police to refuse and a firearm licence. This is providing that ‘medical
revoke handgun licences and applications authorities’ include medical practitioners, nurses,
on the basis of criminal intelligence or any social workers, psychiatrists, psychologists and
other relevant information with consid- professional counsellors.
eration to appropriate safeguards including 40. Mutual recognition
expert advice (a) Jurisdictions will recognise visiting licensees
ii. That members of approved shooting clubs for the following firearms and purposes:
be required to attend a minimum number of i. Category A and B – sporting, recreational
shooting events offered by the club, and that hunting and any other lawful purpose
failure to meet the minimum participation ii. Category C – sporting and any other
level will make a person liable to have their lawful purpose

Issues in Society | Volume 428 Gun Control 7


iii. Category H – sporting and any other ii. Licence Category C, D and H – storage in a
lawful purpose locked, steel safe with a thickness to ensure
(b) Category D and other categories of firearms it is not easily penetrable, bolted to the
not listed in this Agreement are not subject to structure of a building
mutual recognition provisions. iii. All ammunition must be stored in locked
(c) Where an individual is moving permanently containers separate from any firearms
to a new jurisdiction, that jurisdiction will (d) Should individuals possessing a firearm wish
recognise: to store firearms through measures other
i. For a period no more than three months, a than those indicated in legislation, they must
Category A or B licence issued in another have the burden of persuading the firearms
jurisdiction regulatory authority that they can provide the
ii. For a period no more than seven days, level of security not less than that required by
a Category C, D or H licence issued in the relevant approved practices
another jurisdiction. (e) In order to provide for the safekeeping of
firearms when they are temporarily away
Permit to acquire from their usual place of storage, legislation
41. Jurisdictions agree that a separate permit is must include a statement that the holder
required for the acquisition of every firearm. of the licence “must take reasonable care to
42. Jurisdictions agree that each applicant must ensure that the firearm is not lost or stolen
establish, to the satisfaction of the licensing and must take reasonable care to ensure that
authority, that they have a genuine need for the firearm does not fall into the hands of an
acquiring, possessing or using the firearm of the unauthorised person”
nominated type (excluding Category A firearms). (f) The firearms safety booklet – which is to be
43. Jurisdictions agree that the issuing of a permit distributed to all new licence applicants prior
must be subject to a waiting period of at least to attending a course of instruction – must
28 days to enable appropriate checks to be also feature clear and precise information on
made on licensees in order to ascertain whether the obligations of firearms storage
circumstances have occurred since the issuing (g) Security at gun dealer premises must
of the original licence which would render the require the dealer meeting such additional
licensee unsuitable to possess the firearm or requirements as the firearms regulatory
which would render the licensee ineligible for that authority deems appropriate having regard to
type of firearm. the type of activity of the dealer
(h) Where approval has been given for the
Storage possession or use of a firearm for a limited
44. Jurisdictions agree that firearms and ammunition purpose, such as film production, the person
must be stored in secure conditions as follows: authorised must meet such requirements
(a) It must be a precondition to the issuing of a as the firearms regulatory authority deems
new firearms licence (and on each renewal of appropriate having regard to the type of activity
licence in respect of existing licence holders) for which possession has been authorised.
that the licensing authority be satisfied as to 45. Jurisdictions should consider imposing greater
the proposed storage and security arrangements storage requirements where multiple firearms are
(b) Legislation must have the effect of making kept on the same property.
failure to store firearms in the manner 46. Jurisdictions agree to periodically consider the
required an offence as well as a matter that adequacy of their educational literature on
will lead to the cancellation of the licence and storage to ensure that it emphasises the risk of
the confiscation of all firearms firearms theft and the legislated requirements for
(c) Clear and specific measures must be indicated safe storage, and that it highlights compliance
in legislation for the storage of firearms so monitoring activities and the jurisdiction’s
that those who possess firearms know their rigorous prosecution policy for non-compliance.
obligations. The following minimum basic 47. Jurisdictions must include a declaration in
standards must apply: all licence/permit/renewal application forms
i. Licence Category A and B – storage in a locked which requires the applicant to state that they
receptacle constructed of either hard wood understand the firearm storage and security
or steel with a thickness to ensure it is not requirements as required by legislation.
easily penetrable. If the weight is less than 150 48. Jurisdictions must have a strategic inspection and
kilograms, the receptacle shall be fixed to the audit program for storage requirements.
frame of the floor or wall so as to prevent easy 49. Security industry storage
removal. The locks fitted to these receptacles (a) Jurisdictions agree that the following
must be of sturdy construction minimum storage requirements represent an

8 Gun Control Issues in Society | Volume 428


appropriate standard for storage of firearms (c) Firearms dealers are required to provide records
used in the security industry: to the national register of firearms through the
i. Up to five handguns State or Territory licensing authority
1. Metal safe to be securely fastened to (d) Police personnel investigating a crime or
solid floor or wall by internal/hidden checking the compliance of licenced gun
bolts and hidden within premises dealers with recording responsibilities should
2. Individual disabling locks such as have the right to inspect the records of
barrel or trigger locks to be fitted to the licensed gun dealers without the need to give
firearm when stored notice to the licensee
ii. Six to fifteen handguns (e) Jurisdictions may put in place alternate
1. Safes to be a minimum weight of 150kg options for individuals living in remote
2. Safes to be secured to or within brick or locations where firearms dealers are not
concrete walls and floors readily available (it may be possible, for
3. Premises to be fully intruder alarmed, instance, to authorise local police officers to
monitored by a graded control room with certify sales/purchases in such circumstances).
back-to-base polling via a secure line (or, 54. Jurisdictions will legislate to allow the sale of
if unavailable due to remoteness, with ammunition only for those firearms for which the
radio or GSM backup) purchaser is licensed, and impose limits on the
4. Panic switches/duress facility to be quantity of ammunition that may be purchased in
installed in the premises a given period.
iii. Over fifteen handguns 55. On the purchase of ammunition, the relevant
1. Safes to be a minimum weight of 500kg, licence must be produced.
with dual key locks 56. Jurisdictions should consider requiring dealers to
2. Safes to be secured to or within brick or provide their register of transactions to a relevant
concrete walls and floors authority once that dealer’s licence is no longer
3. Premises to be fully intruder alarmed, valid. This should occur within an appropriate
monitored by a graded control room with timeframe after the licence has become invalid.
back-to-base polling via a secure line (or,
if unavailable due to remoteness, with Sale and transport of firearms
radio or GSM backup) 57. Jurisdictions will introduce or maintain legislation
4. Panic switches/duress facility to be to ensure that, within their own borders:
installed in the premises (a) Mail order arrangements (irrespective of how
5. Vaults, control rooms, safes, perimeter those orders were placed, for example via the
and internal premises to maintain 24-hour telephone or internet) will apply strictly on
monitoring and recording by CCTV, a licenced firearm dealer to licenced firearm
which is secured and inaccessible. dealer basis
50. Jurisdictions may adopt the above standards (b) Advertisement of firearms for sale
either by way of legislative requirement or by i. Be prohibited unless the sale is conducted by
introducing the standards as guidelines which or through a licenced firearms dealer
provide Police Commissioners with limited ii. List the licence number of the licensed
flexibility for special or unique circumstances. firearms dealer and the owner selling the
51. There should be at least one annual inspection of firearms, and include the serial number by
firearms and firearms storage facilities used in the which the firearms are registered
security industry. (c) The movement of firearms covered by Licence
Categories C, D and H must be in accordance
Recording of sales with prescribed safety requirements
52. All firearms sales are to be conducted only by or (d) The commercial transport of ammunition
through a licensed firearms dealer. with firearms is prohibited
53. Jurisdictions agree to the following principles to (e) Packages containing firearms are able to be
underpin firearms dealer recording of firearms tracked
transactions: (f) Packages containing firearms must not be
(a) Firearms dealers are obliged under penalty packaged or labelled in such a way as to
to ensure that purchasers are appropriately expressly or otherwise indicate their contents.
licensed for the firearm being purchased 58. Jurisdictions may put in place alternative options
(b) Firearms dealers are required to record and for individuals living in remote locations where
maintain details (type, make, calibre and serial firearms dealers are not readily available.
number) of each weapon purchased or sold © Commonwealth of Australia.
against the identity (name, address and licence Attorney-General’s Department (February 2017). National Firearms
number) of the seller or the purchaser Agreement. Retrieved from www.ag.gov.au on 28 February 2017.

Issues in Society | Volume 428 Gun Control 9


Firearm legislation in Australia 21 years
after the National Firearms Agreement
Australia’s world-leading gun laws are again being previous reports; and secondly, whether there has been
questioned in the wake of a recent deadly mass any “watering down” of the legislation by any of the
shooting in Las Vegas, in which Stephen Paddock jurisdictions.
killed 58 people, including himself, and injured 489
others. A new report authored by Adjunct Professor This report finds that on balance, both
Philip Alpers from Sydney University and funded non-compliance from day one and two
by Gun Control Australia has found that Australia’s decades of political pressure have steadily
gun laws are being watered down due to political
pressure, with no State or Territory currently fully reduced restrictions and undermined the
compliant with the National Firearms Agreement. NFA’s original intent.
INTRODUCTION The findings of this review are summarised in the
Executive Summary which follows.

A
t an historic Special Meeting of the Australasian
Police Ministers’ Council (APMC) of 10 May EXECUTIVE SUMMARY

F
1996 and in two subsequent meetings that year,
all Australian Governments agreed to a 10-point plan our consecutive formal reports have now found
for the regulation of firearms. Amongst other things, that no Australian State or Territory has at
the resolutions of the National Firearms Agreement1 any stage fully complied with the 1996 or 2002
(NFA) prohibited and made provision to buy back and firearm resolutions which collectively formed the
destroy specific types of firearms; established firearm National Firearms Agreement. All authors did note
registration systems in all jurisdictions; established that compliance with the most important provisions
‘genuine reason’ and ‘genuine need’ provisions for of the NFA remained substantially intact. Yet each
owning, possessing or using a firearm and developed report sounded early warnings, for example: “the
uniform standards for the security and storage spirit and intent of the [NFA] resolutions have not
of firearms. been fully implemented” (1997); “no jurisdiction fully
The ‘perfect storm’ of tragedy, outrage, law and lead- complies” (1999); “there are facets of some jurisdic-
ership which in a mere 12 days saw nationwide policy tions’ schemes that do not adequately comply with
reversal, sudden acceptance of two decades of public the Agreement” (2006); and “divergence from the res-
health research and the surrender and destruction olutions of the firearm agreements has significantly
of more than 1.1 million privately owned firearms is weakened the national framework for the control of
described elsewhere (Alpers, 2017). firearms.” (2007).2 The 21-year analysis which follows
One year after the NFA, the Australian Institute of both confirms and reinforces each of these findings.
Criminology commissioned Professor Kate Warner to In the wider public debate, observers on all sides
produce a detailed analysis of State and Territory leg- note that in important areas, State and Territory
islation to determine the level of compliance with the legislation has been blocked or revised to dilute the
APMC resolutions (Warner and Moller, 1997). In 2006 effect of the NFA. This report finds that on balance,
Professor Warner completed a further ‘ten-year review’ both non-compliance from day one and two decades
in the same format, this time published by the National of political pressure have steadily reduced restrictions
Coalition for Gun Control (Warner and Sherwood, and undermined the NFA’s original intent.3
2006). Both are used as the basis for this review. Standout examples of current non-compliance with
In 2002, the National Agreement on Handguns the National Firearms Agreement include:
committed all States and Territories to further restrict
certain revolvers, pistols and similar firearms. Compar- Children and guns
able provisions in legislation are included here, and in Despite the NFA requirement that all applicants for
Warner and Sherwood, 2006. a licence be at least 18 years of age, every State and
All three of these reports, as well as two others Territory allows minors to possess and use firearms.
(Rath and Griffith, 1999; Davies and Mouzos, 2007) The licensing age for children varies from 10 to 16
found that no Australian State or Territory has at any years, and at club shoots, Western Australia stipulates
stage fully complied with the 1996 or 2002 APMC no minimum age at all. With this nationally agreed
resolutions (see Executive Summary). NFA resolution, no jurisdiction complies.
The aim of this 2017 analysis is to revisit all current
State and Territory legislation and consider: first, Australian Capital Territory
whether any of the jurisdictions have attempted to •• Does not comply with a range of NFA resolutions
address the areas of non-compliance identified in four on category D prohibited firearms.

10 Gun Control Issues in Society | Volume 428


New South Wales firearm in any jurisdiction, this is still not stated in
•• Now allows the use of firearm silencers, which are a Northern Territory legislation.
prohibited weapon
•• Exempts all antique firearms except revolvers from Queensland
firearm registration •• Firearm licensing proof of identity and photographic
•• Extends permission for the use of semi-automatic identification procedures are less stringent
firearms to shooters whose occupation is not pest •• The 10-year licence validity period for category A
control and B is double that agreed in the NFA
•• Permits people to be trained in the use of firearms •• Category C weapons may be stored in the
without undergoing firearm licensing minimum security conditions for category A and B
•• Permits people to use firearms on safari tours •• Production of a valid firearm licence is not
without undergoing firearm licensing mandatory for the purchase of ammunition
•• Exempts from firearm licensing children 12 years of •• Authorises the possession of a pistol or revolver
age or over, shooting under supervision during the first six months of a handgun licence
•• Adds membership of a hunting club as a ‘genuine •• Specifies in legislation no limit on the quantity of
reason’ for firearm possession ammunition which may be purchased
•• Exempts from the NFA’s 28-day ‘cooling off’ period •• Although personal protection is not regarded as a
a permit to acquire second or subsequent A or B genuine reason for owning, possessing or using a
category firearms firearm in any jurisdiction, this is still not explicitly
•• Does not require good reason for a permit to stated in Queensland legislation.
acquire more firearms of a category already held
•• Permits the use of pistols of higher calibre than the South Australia
NFA allows in two handgun competitions •• Authorises the possession of a pistol or revolver
•• Specifies in legislation no limit on the quantity of during the first six months of a handgun licence
ammunition which may be purchased. •• Does not fully comply with the licensing
resolutions of 2002 to regulate pistol club members
Northern Territory •• Production of a valid firearm licence is not
•• Authorises the possession of a pistol or revolver mandatory for the purchase of ammunition.
during the first six months of a handgun licence
•• Permits to acquire second or further firearms may Tasmania
be exempt from the 28-day waiting period •• Does not comply with any of the licensing
•• Although personal protection is not regarded as a resolutions of 2002 to regulate pistol club
genuine reason for owning, possessing or using a members.

Issues in Society | Volume 428 Gun Control 11


Victoria •• Queensland only poorly complies with the NFA
•• Permits to acquire second or further firearms are conditions for category D prohibited firearms
exempt from the 28-day ‘cooling off’ period •• NSW permits the use of prohibited firearms more
•• Authorises the possession of a pistol or revolver widely than do other jurisdictions
during the first six months of a handgun licence •• South Australia permits the use of fully automatic
•• Specifies in legislation no limit on the quantity of and self-loading firearms
ammunition which may be purchased. •• Tasmania does not forbid the use of prohibited
firearms for competitive shooting
Western Australia •• Victoria allows private ownership of automatic
•• Gun owner safety training is not required by law, handguns
except for handgun licences •• Tasmania, Victoria and the ACT also do not comply
•• Permits to acquire second or further firearms are with a range of other NFA category D prohibited
exempt from the 28-day ‘cooling off’ period firearm conditions
•• Firearm sales are not limited to licensed firearm •• The only State to restrict category D prohibited
dealers, and not all particulars must be recorded firearms more tightly than the NFA is Western
•• Although interstate mail order firearm transfers Australia, where such firearms are limited to
are prohibited except for licensed firearm dealers, Commonwealth or State government use.
non-dealer firearm mail orders do not appear to be
prohibited within the State National Firearm Registry
•• Does not require that collector’s firearms be Western Australia, Queensland, Victoria and New
rendered permanently inoperable South Wales either do not, or only obliquely comply
•• Does not fully comply with the licensing resolutions in legislation with an NFA requirement for an effective
of 2002 to regulate pistol club members national firearm registry, a goal now delayed for over
•• Specifies in legislation no limit on the quantity of two decades.
ammunition which may be purchased.
More examples of non-compliance with NFA res-
Higher-category firearms olutions apply to firearm collectors, ammunition
Where NFA non-compliance occurs above ‘entry level,’ collectors, museums and heirloom firearms, interstate
or category A firearms, in most cases requirements for recognition of firearm licences, firearm safety book-
B, C, D and H firearms (handguns and larger-calibre, lets, security for interstate firearm transfers, among
or semi-automatic rifles and shotguns) are now less other provisions.
stringent than they were in 1996. For example: It is important to reiterate that current legislation
•• A ‘genuine need’ for a category B licence is still not in most States and Territories complies with most
generally required in South Australia, Victoria or NFA resolutions. As is true of any form of firearm
the Northern Territory regulation, the examples above apply only in limited
circumstances. Yet each exception to the NFA argu-
ably opens the door to further dilution of the national
agreement, as flagged on a regular basis by interest
groups and politicians catering to firearm owners.
Attempts to undermine and circumvent the provi-
sions of the NFA are persistent, and have often been
successful.
1. Also known as the Nationwide (or National) Agreement on
Firearms 1996, or the NFA.
2. Warner and Moller (Australian Institute of Criminology, 1997);
Rath and Griffith (NSW Parliamentary Library, 1999); Warner
and Sherwood (National Coalition for Gun Control, 2006);
Davies and Mouzos (Australian Institute of Criminology, 2007).
3. A notable exception to this trend is that in all jurisdictions,
laws have been tightened to mandate the refusal or
cancellation of a firearm licence in cases of domestic or
aggravated violence, as required under the NFA.

Research Commissioned by Gun Control Australia. By Philip


Alpers Adjunct Associate Professor, Sydney School of Public
Health and Amélie Rossetti, GunPolicy.org.

Alpers, P and Rossetti, A (October 2017). Firearm Legislation


in Australia 21 years after the National Firearms Agreement,
pp. 3-6. Retrieved from www.gunpolicy.org on 11 October 2017.

12 Gun Control Issues in Society | Volume 428


A NATIONAL AMNESTY WILL NOT RID
AUSTRALIA OF VIOLENT GUN CRIME
The government claims an amnesty will help get illegal guns off Australian streets, however
Samara McPhedran begs to differ in this opinion piece first published by The Conversation

A
fter 18 months of false starts, Australia is about
to hold another gun amnesty for three months
from July 1. Last week, Justice Minister Michael
Keenan claimed the amnesty would take illegal guns
off Australian streets. He went on to link the amnesty
with terrorism, citing the Lindt Cafe siege and the
murder of Curtis Cheng as examples.
In a time when the spectre of terrorism is increas-
ingly used as both a shield to prevent scrutiny of
policies and a sword to attack anybody who criticises
government decisions, we would do well not to accept
at face value Keenan’s claims. So, are gun amnesties
an effective way of tackling serious criminal activity?

Each State and Territory is responsible for its


own amnesty. It is likely they will look similar
to the many amnesties that have run around
Australia on a periodic – and sometimes
permanent – basis in the last 20 years.
WHAT IS AN ‘ILLEGAL GUN’?
To legally own a firearm in Australia, you must have
a licence. Since 1996, all firearms must be registered.
Unregistered firearms are illegal.
Anyone who possesses a firearm without holding a
licence, or without the appropriate category of licence

Over 50,000 firearms handed in during national amnesty


hh Australia’s National Firearms Amnesty ran for 3 months from 1 July to 30 September 2017, and aimed to improve public
safety by reducing the number of unregistered firearms and firearm-related articles in our community. As a result of this
amnesty, there are now 50,000 fewer firearms on the streets.
hh Although the amnesty has been declared a success and has now finished, the government is encouraging people who still
have an unregistered firearm, or who come into possession of an unregistered firearm, to contact their local police station
or firearm registry.
hh Outside of the amnesty period, anyone caught with an unregistered firearm could face a fine of up to $280,000, up to 14
years in jail, and a criminal record.

JURISDICTION FIREARMS RECEIVED JURISDICTION FIREARMS RECEIVED


New South Wales 24,965 South Australia 2,648
Queensland 16,000 Australian Capital Territory 709
Victoria 3,654 Western Australia 1,242
Tasmania 1,924 Northern Territory 322

Please note that some States and Territories may have an ongoing amnesty in place. If you have questions
regarding ongoing amnesties, or unregistered firearms in general, you should contact your local police station or
State or Territory firearms registry at: https://firearmsamnesty.ag.gov.au/Pages/contact.aspx
Source: Australian Government, 11 October 2017.

Issues in Society | Volume 428 Gun Control 13


for that firearm, is in illegal possession. We also have no knowledge about how many guns
“Illegal guns” occur in many different situations. flow into the black market through means such as
These range from licence holders who may have illegal manufacture or illegal importation.
registered some – but not all – of their firearms after
that requirement was introduced, to people whose DO AMNESTIES REDUCE GUN CRIME?
licence has expired but who still have registered guns, Despite talking up the amnesty, Keenan also said it is:
to people who would never be able to obtain a firearm
licence but nevertheless possess prohibited firearms. … probably not going to be the case [that] we would
have hardened criminals who have made a big effort
to get a hand on illegal guns [who] would necessarily
HOW WILL THE AMNESTY WORK? be handing them in.
Each State and Territory is responsible for its own
amnesty. It is likely they will look similar to the This explains why gun amnesties are not a particu-
many amnesties that have run around Australia on larly effective response to firearm crime. Australian
a periodic – and sometimes permanent – basis in the and international evidence suggests the people who
last 20 years. respond to amnesties are characteristically “low risk”:
There has been no modelling of how many firearms they are not the ones likely to be involved in violence.
are likely to be handed in, and the numbers collected It may sound clichéd to say that “high risk” people
under past amnesties vary greatly. Unlike 1996, there do not hand in their guns, but it also appears to
will be no government-funded compensation scheme. be correct.
Although guesstimates abound, there is no way of
knowing how many illegally owned firearms exist. By all means run amnesties. There is no
There are no accurate records of how many firearms harm in them. They provide a great means
were in Australia before gun laws changed in 1996.
for people who want to obey the law to
Even though there are figures for the number of guns
handed in under previous amnesties, we cannot say
get rid of guns that are unwanted or that
what that translates to as a percentage of the total pool they may not legally possess. But let’s be
of illegal firearms. realistic about what amnesties are, and
are not, likely to deliver.

WHAT ABOUT ORGANISED CRIME


AND TERRORISM?
Illegal firearms are found in a range of criminal
activities, including organised crime and incidents
described as “terrorism”.
The argument runs that by reducing the number
of guns, amnesties will reduce the number that are
stolen and curtail the ability of high-risk individuals –
“hardened” criminals or otherwise – to get their hands
on black market guns.
However, available evidence does not support argu-
ments about theft as a key source of crime gun supply.
Although little data is publicly released about crime gun
sources, what we know suggests theft accounts for less
than 10% of guns traced in relation to criminal activity.
Problematically, many guns come from “unknown”
sources. For example, there was no record of the
sawn-off shotgun used in the Lindt Cafe siege
ever legally entering the country, and it seems the
revolver used to murder Curtis Cheng has equally
vague origins.
We also know from international studies that crim-
inals are resourceful and highly adaptable. When
one source of firearm supply closes off, they typically
have networks enabling them to switch to alterna-
tive sources. This is part of the reason why tackling
criminal possession of firearms is so challenging.
And when we think about the drivers of demand for
illegal guns as well as supply, responding becomes
even more difficult.

14 Gun Control Issues in Society | Volume 428


STATE AND TERRITORY FIREARMS AMNESTIES
The table below summarises the 28 State and Territory-based amnesties since the 1996 Port Arthur massacre, using
information drawn from GunPolicy.org (compiled by the Sydney School of Public Health at the University of Sydney).
STATE/TERRITORY NUMBER OF AMNESTIES SINCE 1996
QLD 3 (2002; 2004; 2013)
NSW 4 (1998; 2001; 2003-2004; 2009)
ACT 3 (2001; 2009; 2014)
Vic 5 (1998-2002; 2008; 2009; 2010; 2012)
Tas 1 (A permanent amnesty is in place)
SA 7 (1996-1999; 2001; 2006; 2009; 2010; 2012; 2015). An amnesty which commenced December
2015 and was to conclude 30 September 2017, joined the national amnesty (July-Sept 2017).
WA 3 (2001-2004; 2006; 2013)
NT 2 (2001; 2015)
Source: GunPolicy.org (compiled by the Sydney School of Public Health, University of Sydney), May 2016.

This is why it is disappointing that Australian think- that would benefit from this article. Dr McPhedran has been
ing follows such predictable, well-trodden paths. appointed to a number of firearms advisory panels and
It seems politicians and bureaucrats tasked with committees, most recently as a member of the Queensland
Ministerial Advisory Panel on Firearms, and as a previous
developing firearm policies have little interest in new, member of the Commonwealth Firearms Advisory Council. She
innovative, and evidence-based responses to complex does not receive any financial remuneration for these activities.
problems, and would rather just do more of what they She holds memberships with, and volunteers for, a range of
have been doing for decades. not-for-profit firearm-related organisations and women's
By all means run amnesties. There is no harm in advocacy groups. She is not a member of any political party.
them. They provide a great means for people who want Samara McPhedran is Senior Research Fellow, Violence
to obey the law to get rid of guns that are unwanted or Research and Prevention Program, Griffith University.
that they may not legally possess.
But let’s be realistic about what amnesties are, and
are not, likely to deliver.
McPhedran, S (19 June 2017). A national amnesty will
Disclosure statement not rid Australia of violent gun crime. Retrieved from
Samara McPhedran does not work for, consult to, own shares https://theconversation.com on 19 June 2017.
in or receive funding from any company or organisation

Issues in Society | Volume 428 Gun Control 15


Oversimplifying gun control issues can
pose a real threat to community safety
Compliance with firearms legislation requires co-operation between lawmakers,
police, gun dealers, and those with a legitimate interest in using firearms,
cautions Suzanna Fay-Ramirez and Emma Belgrove

A
merica’s worst mass shooting Left up to the States Like all legislation, firearms laws
in recent history has left and Territories also evolve and change over time.
some in the US looking to Australia has largely been consid- This is the right course of action:
Australia for lessons on how best ered the global poster child of gun policymakers ought to respond to
to implement gun control (see box legislation since the Port Arthur society’s changing needs. In some
next page). massacre in 1996 inspired the instances, this may mean tightening
While there are important ques- National Firearms Agreement. restrictions. In others, it may mean
tions we should be asking about The agreement is a national loosening restrictions that are not
the current state of gun control in guideline; each State and Territory contributing to community safety.
Australia, many of the claims about has the responsibility and juris-
how well or poorly it is working diction to implement their own Some of these similarities and
oversimplify the issues of control legislation. Differences between differences between Australian jur-
and compliance. States are therefore inevitable. isdictions include:
•• All States list possession of a
restricted firearm as an offence
Like all legislation, firearms laws also evolve and change •• In all States, it is illegal to
over time. This is the right course of action: policymakers manufacture a firearm without
ought to respond to society’s changing needs. In some permission
•• All States prohibit the
instances, this may mean tightening restrictions. In
modification of a firearm that
others, it may mean loosening restrictions that are not would deface or de-identify a
contributing to community safety. firearm (this helps keep track
of firearms and allows for a gun
registry)
•• The use and attachment of
bump fire stocks, like that used
in the Las Vegas shooting, is
restricted across all Australian
States and Territories in some
way, shape or form
•• Firearms suppressors
(commonly referred to as
silencers) are also restricted. In
some States, suppressors can be
used with a licence.

Each State must decide how


best to implement the National
Firearms Agreement in ways that
allow them to enforce it and foster
compliance. Each will have its own
capacity to do so, as well as its own
political, social, and community
contexts that shape the State’s laws.
The agreement’s most pertinent
provisions remain intact. One of
its primary benefits is not the spec-
ific ways in which it has been imple-
mented, but that it provides a basis
for the socialisation of firearms. It

16 Gun Control Issues in Society | Volume 428


provides important norms about
how and why firearms should be
used, how to store them safely, and
how to prevent them from gett-
ing into the hands of those who
pose a danger.
A recent report claimed that
despite restrictions, all Australian
States and Territories allow minors
access to firearms. In general, a
minor’s access to firearms is allowed
under specific conditions, and this
is a departure from the original
1996 agreement and its revision
in 2017. However, this is an over-
simplification of reality.

In Queensland, for example,


minors can obtain a licence for For co-operation to continue, discussion of firearms
shooting sports or rural primary legislation, implementation and compliance must refrain
production (the only instances
where minors can obtain a licence)
from extreme views at either end of the spectrum.
provided they:
•• Undertake a firearms safety course teachers and mentors to demon- several groups that represent legal
•• Have written approval from a strate responsible behaviour. gun owners.
parent or guardian, and There is no peer-reviewed evid- For co-operation to continue,
•• Be able to state why and where ence we know of that suggests discussion of firearms legislation,
their firearms use will take place. minors with access to firearms implementation and compliance
under these conditions in Australia must refrain from extreme views at
Young people growing up on rural is problematic. either end of the spectrum.
farms will inevitably need know- Extreme views do not allow a com-
ledge of firearms to use them Compliance hinges on monsense debate to take place.
responsibly. Early socialisation co-operation and a Instead, they restrict the ability of
under adult supervision is hardly commonsense debate law enforcement and policymakers
problematic in this instance. If Compliance with firearms legislat- to respond to concerns about gun-
people choose to take up firearms ion requires co-operation between related crime and violence.
for sport or use on the land, we lawmakers, police, gun dealers, and
should want them socialised into those with a legitimate interest in DISCLOSURE STATEMENT
responsible users of these firearms using firearms. Suzanna Fay-Ramirez consults with
from an early age. There are many instances of this Queensland Police Service, NSW Police
Service, and the Sporting Shooters
Responsible behaviour is learned, type of co-operation working well. Association of Australia. She receives
just as deviant behaviour is learned. For example, the recent firearms funding from Sporting Shooters
Young people who have a legiti- amnesty, which aimed to reduce Association of Australia and The
mate interest in shooting sport or the number of unregistered fire- University of Queensland.
primary production need responsible arms in Australia, was supported by Emma Belgrove receives funding from
The University of Queensland.
LAS VEGAS MASS SHOOTING Suzanna Fay-Ramirez is Senior Lecturer
hh On the night of 1 October 2017, Stephen Paddock of Mesquite, Nevada in Criminology, The University of
opened fire on a large crowd of concertgoers at the Route 91 Harvest music Queensland.
festival on the Las Vegas Strip, leaving 58 people dead and 489 injured. Emma Belgrove is Research Assistant
hh Within 10 minutes Paddock fired hundreds of rifle rounds from his suite on in Criminology, The University of
the 32nd floor of the nearby Mandalay Bay hotel. Queensland.
hh About an hour after Paddock fired his last shot, he was found dead in his
room from a self-inflicted gunshot wound. His motive is unknown.
hh The incident is the deadliest mass shooting committed by an individual in the
United States. The crime reignited the debate about gun laws in the US, with Fay-Ramirez, S and Belgrove, E (11 October
attention focused on bump firing, a technique Paddock used to allow his semi- 2017). Oversimplifying gun control issues
automatic rifles to fire at a rate similar to that of a fully-automatic weapon. can pose a real threat to community safety.
Source: Wikipedia (11 October 2017), https://en.wikipedia.org/wiki/2017_Las_Vegas_shooting
Retrieved from https://theconversation.com
on 11 October 2017.

Issues in Society | Volume 428 Gun Control 17


Fact check: have firearm homicides and
suicides dropped since Port Arthur
AS A RESULT OF JOHN HOWARD’S REFORMS?
Have gun-related homicides fallen significantly since Mr Howard’s reforms, with
gun-related suicide rates dropping by 74 per cent? And is that evidence of the
effect of the reforms? ABC Fact Check investigates
consistently in every year.
ABS data indicates the rate of assault by firearm
causing death has also declined since the reforms, but
not in every year.
Data from the ABS also indicates the rate of suicide
by firearm fell by 67 per cent from 2.1 deaths per 100,000
of the population in 1996 to 0.7 deaths in 2014.
However, experts consulted by Fact Check said the
impact of Mr Howard’s reforms on those declines is
debatable.
Some research argues the reforms did not signific-
antly influence firearm homicide rates or already
falling rates of firearm suicide.
Other research argues the reforms accelerated the
rates of decline, with one study suggesting firearm
suicides dropped by 74 per cent from the 1990-95
average following the buyback scheme.
While it is accurate for Mr Howard to assert that
gun-related homicides and suicides have dropped since
his reforms were implemented, there is more to it.
The claim Studies on the impacts of his reforms have come

C
rowds are expected to gather on April 28, 2016, to varied conclusions and experts contacted by Fact
to mark the 20th anniversary of the Port Arthur Check said other factors would have influenced the
massacre. A service will be held at the historical drops, even though the reforms are likely to form part
penal colony site to remember the 35 people killed of the story.
and others injured by Martin Bryant using a semi-
automatic rifle in 1996. The National Firearms Agreement
The tragedy prompted extensive reforms to gun reg- In response to the Port Arthur massacre in 1996, the
ulations by federal, State and Territory governments. Howard government brokered a National Firearms
In an interview on American television network CBS Agreement with the States and Territories.
on March 13, 2016, the prime minister who drove the A 2012 report by the Australian Institute of Crimin-
reforms, John Howard, said: “It is incontestable that ology report summarised the reforms:
gun-related homicides have fallen quite significantly The agreement resulted in restricted legal possession
in Australia, incontestable.” of automatic and semi-automatic firearms
Asked to respond to critics who say changes in gun and further restricted the legal importation of
deaths are not a result of his reforms, Mr Howard said non-military centrefire self-loading firearms to those
there has been a “74 per cent fall in the gun-related with a maximum magazine capacity of five rounds.
suicide rates, isn't that evidence?” The agreement further committed all States and
Have gun-related homicides fallen significantly Territories to a firearms registration scheme and
since Mr Howard’s reforms, with gun-related suicide licensing of persons in order to legally possess and
rates dropping by 74 per cent? And is that evidence of use firearms. Previously, only handguns needed to be
the effect of the reforms? ABC Fact Check investigates. registered; obligations around long-arm registration
varied between jurisdictions. In addition was the
The verdict introduction of laws that were designed to minimise
Mr Howard’s claim is not cut and dried. Data from the the legal acquisition of firearms by unsuitable persons.
Australian Institute of Criminology shows the rate of
homicide victims dying from a gunshot wound has The agreement was implemented by the States and
dropped since the reforms came into force, but not Territories in stages in the years after 1996, including

18 Gun Control Issues in Society | Volume 428


a 12-month national amnesty and buyback scheme Rick Sarre, a professor of law and criminal justice at
allowing gun owners to sell newly banned firearms to the University of South Australia, had a similar view.
the federal government.
The federal legislation relating to Commonwealth National Homicide Monitoring Program data
funding for the reforms came into force on September The most recent NHMP report, published in 2015, said
4, 1996. Federal, State and Territory governments began the term “homicide” refers to a person killed unlaw-
a review of the reforms in 2015. fully, resulting in a charge of murder or manslaughter,
with the exception of most driver-related fatalities.
Data sources The Australian Institute of Criminology provided
An Australian Institute of Criminology report on Fact Check with NHMP data on homicide victims
sources of homicide data said “there are three main whose cause of death was a gunshot wound for each
data collection systems that produce largely inde- financial year from 1989-90 to 2011-12.
pendent sets of statistics on homicide” in Australia. Fact Check has graphed the data below.
They are: the National Homicide Monitoring Program The graph shows the rate was falling until 1992-93,
(NHMP) managed by the institute, and the Causes of when it increased to 0.56 deaths per 100,000 of the
Death and Recorded Crime collections managed by population from 0.43 deaths in 1991-92.
the Australian Bureau of Statistics (ABS). The figure dropped to 0.38 deaths in 1993-94 and
The NHMP uses data derived from police offence rose to 0.50 deaths the following year.
reports and data is recorded on a financial year basis. It peaked at 0.61 deaths in 1995-96 – the financial
Data in the Causes of Death collection is recorded on year of the Port Arthur massacre and the year before
a calendar year basis and compiled from information the reforms began.
on death certificates, provided to the ABS by State and The rate has fallen since then, but not consistently
Territory registrars of births, deaths and marriages. in every year.
This collection also includes data on suicides
by firearm. ABS homicide data
The ABS Recorded Crime collection uses data from The explanatory notes for the ABS Causes of Death
police offence reports, recorded on a calendar year collection said deaths recorded as “assault” are, in other
basis. Relevant figures from this collection are not words, murder or manslaughter.
publicly available. The ABS provided Fact Check with data derived
Suzanna Fay-Ramirez, a criminologist in the School from this collection on the rates of assault by firearm
of Social Science at the University of Queensland, said causing death in each year from 1990 to 2014.
that would not affect the assessment of Mr Howard’s The graph (see page 20) shows the rate was steady at
claim, as the relevant data from police reports would 0.5 deaths per 100,000 of the population in 1991 and
be reflected in data from the NHMP. 1992, rising to 0.6 deaths in 1992.
She added that the Causes of Death collection is The figure dropped to 0.4 deaths in 1993 and
“the most comprehensive” source of data on suicides remained constant until 1996 – the year the reforms
by firearm. began – when it peaked at 0.6 deaths. The rate fell to
Samantha Bricknell, research manager, violence and 0.4 deaths in 1997 and 0.3 deaths in 1998, remaining
exploitation, at the Australian Institute of Criminology, constant until 2000.
said: “The Causes of Death data and the NHMP data It dropped to 0.2 deaths in 2001, remaining constant
should be sufficient.” in 2002, then rising to 0.3 deaths in 2003.

HOMICIDE VICTIMS, CAUSE OF DEATH FROM GUNSHOT WOUND (RATE PER 100,000)
0.70 Post-Port Arthur gun reforms

0.4

0.2

0
1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012
Data points are to the end of each financial year – e.g. 30/06/1996 = FY 1995-96.
Source: Australian Institute of Criminology, National Homicide Monitoring Program.

Issues in Society | Volume 428 Gun Control 19


CAUSE OF DEATH: ASSAULT BY FIREARM
Age standardised death rate per 100,000 of the population
0.70 Post-Port Arthur gun reforms

0.4

0.2

0
1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014
Source: ABS Causes of Death collection.

The rate fell to 0.1 deaths in 2004 and has remained gun-related homicides and suicides have fallen since
fairly steady at 0.1 or 0.2 deaths per 100,000 of the 1996, what is contestable is how much you can attribute
population in every year since. that to [the reforms].”
Dr Fay-Ramirez said: “What we determine as sig-
ABS suicide data nificant and not significant is probably the part that's
The ABS provided Fact Check with data derived from more up for debate, rather than the actual declines in
the Causes of Death collection on the rate of suicides and of themselves.”
by firearm in each year from 1990 to 2014. Dr Bricknell said: “There is a debate and the different
Fact Check has graphed the data below (see page 21). analyses that have been done have demonstrated that
The graph shows the rate was declining fairly steadily either there was a significant decrease post reforms or
from 1991 until 1996 – the year Mr Howard’s reforms there wasn’t.”
came into force. A spokesman for Mr Howard referred Fact Check via
The rate dropped more sharply until 1998, before email to two studies in support of his claim.
increasing slightly in 1999, dropping slightly in 2000 The first was a study by Simon Chapman, an
and rising by a similar scale in 2001. emeritus professor in the School of Public Health at
The figure fell at a fairly steady rate until 2005 and the University of Sydney, Philip Alpers, an associate
then increased slightly in 2006. professor in the same school and university, Kingsley
The rate has been fairly steady since 2006, despite a Agho, a senior lecturer in biostatistics in the School of
slight lull in 2011. Science and Health at Western Sydney University, and
The data indicates the rate fell by 67 per cent from Mike Jones, associate dean (research) in the Faculty of
2.1 deaths per 100,000 of the population in 1996 to 0.7 Human Sciences and deputy head of the Psychology
deaths in 2014. Department at Macquarie University.
The study, published in the peer-reviewed journal
Cause and effect Injury Prevention in 2006 and republished in the same
Experts contacted by Fact Check said the impact of Mr journal in 2015, examined whether the 1996 gun law
Howard’s reforms on the decline in firearm homicides reforms were associated with changes in rates of firearm
and suicides is subject to debate. homicides and suicides.
Professor Sarre said: “It is incontestable that “The rates per 100,000 of total firearm deaths, fire-
arm homicides and firearm suicides all at least doubled
their existing rates of decline after the revised gun laws,”
The impact of Mr Howard’s reforms on those the study said.
The authors concluded that the 1996 gun law
declines is debatable. Some research argues
reforms were followed by “accelerated declines in
the reforms did not significantly influence firearms deaths, particularly suicides”.
firearm homicide rates or already falling rates The second was a 2010 study by Christine Neill, an
of firearm suicide. Other research argues associate professor of economics at Wilfrid Laurier
the reforms accelerated the rates of decline, University in Canada, and Andrew Leigh, then a
with one study suggesting firearm suicides professor of economics at the Australian National
dropped by 74% from the 1990-95 average University and now federal Labor’s Shadow Assistant
following the buyback scheme. Treasurer.
The study, published in the peer-reviewed journal

20 Gun Control Issues in Society | Volume 428


The American Law and Economics Review in 2010, tested
whether the reduced stock of firearms resulting from
the buyback affected firearm homicide and suicide rates.
It said the reduction in firearm suicides following
the buyback “represents a 74 per cent decline from the
1990-95 average”.
The authors found “the buyback led to a drop in the
firearm suicide rates of almost 80 per cent” and “the
estimated effect on firearm homicides is of similar
magnitude, but is less precise”.

Contradictory research
Dr Bricknell co-authored a study with Frederic Lemieux,
a professor in the Department of Sociology at the
George Washington University in the US, and Tim
Prenzler, a professor of criminology and justice at the
University of the Sunshine Coast, published in 2015 in
the peer-reviewed Journal of Criminological Research,
Policy and Practice.
The study discussed the debate over the impacts some/all of the tests applied”.
of Mr Howard’s reforms on firearm homicides and Some of the authors of the studies under review
suicides. It said one side of the debate, including the acknowledged that “at best, associations might be
studies Mr Howard’s spokesman referred to, argues the inferred from these data, even if specific effects cannot
rates of decrease in firearm homicides and suicides – be agreed upon,” they said.
“particularly suicides” – were “more pronounced” after One of the studies reviewed, written by Dr
the reforms than before. McPhedran and Dr Baker, was published by the peer-
On the other side, it referred to studies concluding reviewed British Journal of Criminology in 2006.
that “there was little evidence that firearm reforms It concluded that “the only category of sudden death
(including the gun buyback) produced any significant that may have been influenced by the introduction of
effect on firearm homicide or firearm suicide,” largely the NFA was firearm suicide”, adding that “societal
written by Samara McPhedran, a senior research fellow factors could also have influenced observed changes”.
in the violence research and prevention program at “It is probable that other factors affecting suicide,
Griffith University and chair of the International such as increased funding for suicide prevention
Coalition for Women in Shooting and Hunting, and programmes in various jurisdictions, would have con-
Jeanine Baker, research co-ordinator at the International tributed to the social factors that influence suicide by
Coalition for Women in Shooting and Hunting. all methods, given that such programs focus on general
Dr Bricknell and her colleagues said the research on intervention techniques rather than specific suicide
both sides of the debate had limitations, including “the methods,” the study said.
small number of incidents (particularly homicide), “Homicide patterns (firearm and non-firearm) were
the variable nature of the data, the absence of control not influenced by the NFA, the conclusion being that
groups and the consequent, apparent ‘fragility’ of the gun buyback and restrictive legislative changes had

CAUSE OF DEATH: SUICIDE BY FIREARM


Age standardised death rate per 100,000 of the population
3.5 Post-Port Arthur gun reforms

0
1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014
Source: ABS Causes of Death collection.

Issues in Society | Volume 428 Gun Control 21


no influence on firearm homicide in Australia.” better off in terms of gun suicides and gun homicides”.
A more recent study by the same authors, published “Whether you can say we’re 20 per cent better
in the peer-reviewed journal Health Policy in 2008, off, 80 per cent better off, is subject to debate ... But
examined whether the rate of decline in national the bottom line is, if [the reforms] had the effect of
suicide trends differed for males and females. reducing the number of guns that are available to
“Given that declines in non-firearm suicide occurred Australians, it is strongly correlated with the gun
post-1996, it is unclear whether the accelerated rate homicide and suicide deaths on the wane.”
of decline in firearm suicide after the introduction of He said the reforms were “a strongly and highly
strict legislation can be attributed to legal reform. It is influential contributing factor”, but other factors
possible that the accelerated rate of decline was simply would have come into play, such as “the way in which
in keeping with the more general patterns of decline we treat guns – we don’t revere guns”.
that began to emerge in the late 1990s,” the study said. Dr Bricknell, who could only speak to the homicide
Dr McPhedran authored a systematic review of five claim, said Mr Howard is “not incorrect” as “we have
studies – including the two referred to Fact Check by had a significant decrease in firearm homicides since
Mr Howard’s spokesman – to examine the impacts of the reforms”.
legislative reform on firearm homicide in Australia. “Whether that decrease is so significantly different
The review, published by the peer-reviewed journal to the drop prior to [the reforms] is debatable and is
Aggression and Violent Behaviour in 2016, said none of still yet to be resolved because we’ve had all these
the studies examined “found evidence for a statistic- different analyses done that have come up with quite
ally significant impact of Australia’s 1996 legislative different responses,” she said.
changes on firearm homicide rates”.
The review also highlighted “the general absence If you or anyone you know needs help, call Lifeline
of studies which undertake detailed consideration on 13 11 14.
of whether specific elements of legislative change
SOURCES
– rather than legislative change overall – may have
hh John Howard, Sunday Morning, CBS, March 13, 2016.
had effects that were not apparent from the overall hh Australian Institute of Criminology, Firearm trafficking and
firearm homicide trends”. serious organised crime gangs, June 2012.
hh Australian Institute of Criminology, Australian homicide rates:
What the experts say A comparison of three data sources, July 2003.
Dr Fay-Ramirez said: “These studies perhaps have diff- hh Australian Institute of Criminology, Homicide in Australia:
erent results, not because of data quality or difference, 2010-11 to 2011-12: National Homicide Monitoring Program
report, 2015.
but because of the approach they take to understanding
hh ABS, Causes of Death Australia, Explanatory notes, 2014.
the crime drop”.
hh S Chapman, P Alpers, K Agho and M Jones, ‘Australia’s
“The Neill and Leigh paper has focused on the effect 1996 gun law reforms: Faster falls in firearm deaths, firearm
of the gun buyback on gun-related deaths and they did suicides, and a decade without mass shootings’, Injury
indeed find some unexpected effects. However, gun Prevention, November 6, 2006.
reform is much more than just the buyback scheme. hh Andrew Leigh and Christine Neill, ‘Do gun buybacks save
It is also the constant effort of enforcement by State lives?’ Evidence from panel data, American Law and
firearms registries over a sustained period of time – Economics Review, August 20, 2010.
something very difficult to measure and account for hh Samantha Bricknell, Frederic Lemieux and Tim Prenzler, ‘Mass
shootings in Australia and the United States, 1981-2013’,
in studies like these,” she said.
Journal of Criminological Research, Policy and Practice, May
“Very little academic research has focused on
26, 2015.
the more intricate and complex nature of gun law hh Jeanine Baker and Samara McPhedran, ‘Did the Australian
compliance and enforcement.” firearms legislation of 1996 make a difference?’ British Journal
She said increases in social support or government of Criminology, October 18, 2006.
investment in social welfare are common factors that hh Jeanine Baker and Samara McPhedran, ‘Recent Australian
help depress crime rates and could be linked to the drop suicide trends for males and females at the national level: Has
in firearm homicides and suicides. the rate of decline differed?’ Health Policy, 2008.
“In light of the broader societal factors that may
© ABC. Reproduced by permission of the Australian
be influencing the crime rate, Australia’s gun reforms
Broadcasting Corporation – Library Sales.
are likely part of the reason we have seen a sustained
decrease,” she said.
“Even where there are debates on the effect of ABC News (28 April 2016). Fact check: Have firearm homicides
and suicides dropped since Port Arthur as a result of John
Australia’s gun reform, generally speaking almost all of
Howard’s reforms? Last updated 29 April 2016. Retrieved
them that I’ve seen accept that there has been at least from www.abc.net.au/news on 27 February 2017.
some minimal benefit of that gun reform.”
Professor Sarre said suggesting Mr Howard’s reforms
“caused” the declines is “a very difficult assertion to
make”, but “you can make a broad assertion to say we’re

22 Gun Control Issues in Society | Volume 428


Australia’s gun laws save lives
– but are we now going backwards?
We must jealously guard our success in order to prevent future gun-related
deaths, injuries and trauma, warn Rebecca Peters and Chris Cunneen

G
un violence has halved
in Australia since laws
were changed under the
National Firearms Agreement
adopted in the wake of the 1996 Port
Arthur massacre.
Before the killing of 35 people
by 28-year-old Martin Bryant at
Port Arthur in Tasmania, each
State and Territory had different
gun laws. Western Australia had
the strongest laws and lowest
rates of gun violence; Queensland
had the weakest laws and gun
violence was high.
In 1987, five people in the North-
ern Territory and Western Australia
were killed because Queensland’s
laws allowed the sale of assault
rifles. German tourist Joseph
Schwab, named the Kimberley
Killer by the press, drove across
State borders for his killing spree.

HOLES IN OLD LAWS


Despite Australia’s patchwork of The buyback of semi-automatics initially removed 640,000
laws, no State was as bad as the guns from circulation, rising to more than a million with
free-for-all prevailing in most of subsequent State, Territory and national gun amnesties.
the United States. All Australian
jurisdictions at least required some- It was the most comprehensive reform of firearm laws
one wanting to buy a gun to obtain anywhere in the world.
a licence.
As well as a criminal background applying for a rifle or shotgun licence 19-year-old Julian Knight killed
check, the licence application pro- didn’t require proof. Someone who seven people and injured 19 others)
cess asked for a “good reason” for wanted a gun for reasons such as and Queen Street (when 22-year-old
possessing firearms. The provided impressing friends, frightening Frank Vitkovic killed nine people,
list of possible reasons did not an ex-girlfriend, or self-defence, including himself, and injured five)
include self-defence. simply had to tick “hunting” on the did the same.
Handguns (revolvers and pistols) application form. Only Western Australia required
had to be registered, enabling This was what 33-year-old Wade proof of reason for all guns.
police to trace them back to their Frankum, the perpetrator of the
last legal owner. These guns were 1991 Strathfield massacre, did PROBLEMS WITH THE
generally subject to stricter regula- even though he was not known PATCHWORK
tion than rifles and shotguns, and ever to hunt and told friends he’d Another problem with Australian
only about 5% of guns in Australia bought the assault weapon for self- laws was that semi-automatic rifles
were handguns. protection. He killed eight people and shotguns were permitted to
Still, by 1996, every Australian (including himself) and wounded some degree in all jurisdictions,
jurisdiction had yawning gaps in six in a ten-minute shooting spree with variations based on design
their gun laws. at Strathfield Plaza. features and magazine capacity.
In most jurisdictions, for inst- The perpetrators of both the 1987 The ACT prohibited “military-
ance, the “good reason” cited when massacres at Hoddle Street (where style” weapons in 1991. In Western

Issues in Society | Volume 428 Gun Control 23


gun violence.
While progress has been made,
such complacency jeopardises
public safety.
The pro-gun lobby has succ-
eeded in watering down the laws
in several States. Weakening the
rules on pistols so that unlicensed
shooters can walk into a club and
shoot without any waiting period
for background checks has resulted
in at least one homicide in NSW.
And the post-Port Arthur ban
on rapid-fire weapons is under
threat from the push to legalise
the Adler A110 shotgun. While it
is not technically semi-automatic,
it can still fire eight rounds in as
While progress has been made, such complacency jeopardises many seconds.
public safety. The pro-gun lobby has succeeded in watering This is a dangerous trend for
a country that has some of the
down the laws in several States. best gun laws in the world. Guns
Australia centrefire semi-auto- five other people, and injure another. are designed for the purpose of
matics that could hold more than In 1996, NSW was the only State killing. We must jealously guard
eight rounds of ammunition had that barred gun possession for our success, not only to honour
been banned since 1973. people who’d committed domestic the Port Arthur victims, but also
But Queensland and Tasmania violence in the previous ten years. to prevent future deaths, injuries
treated rapid-fire guns no more Most other jurisdictions prohib- and trauma caused by these lethal
restrictively than a single-shot .22 ited possession while a restraining implements.
rifle, thus permitting the Port Arthur order was in place. But once the
order had expired, past violence Rebecca Peters is Research Student in
killer to acquire his assault weapons.
Disability, University of Sydney.
Rifles and shotguns were required was just one factor for police to
Chris Cunneen is Professor of
to be registered in most jurisdic- take into account when deciding
Criminology, UNSW.
tions, but not in New South Wales, on a gun licence application.
Queensland or Tasmania. This loop- In Tasmania, even a current res-
hole favoured gun traffickers and training order was simply a factor
other people wishing to evade the to take into account – rather than Peters, R and Cunneen, C (27 April 2016).
law, because a clean-skin purchaser grounds for disqualification. Australia’s gun laws save lives – but are
could buy and pass on weapons we now going backwards? Retrieved
without a record being made. DANGERS OF COMPLACENCY from https://theconversation.com
The absence of registration The National Firearms Agreement on 22 February 2017.
also made it extremely difficult dramatically raised standards by
for police to remove guns from imposing minimum requirements
people who became disqualified, drawing on the best elements in
whether by conviction for a crime the existing laws and on the recom-
or becoming subject to a domestic mendations of a series of expert
violence restraining order. The law inquiries, including the National
said these people couldn’t have Committee on Violence.
firearms – but without any record The buyback of semi-automatics
of ownership, the police didn’t know initially removed 640,000 guns
whether they did. from circulation, rising to more
This was demonstrated by the than a million with subsequent
1992 Central Coast massacre. Police State, Territory and national gun
had earlier searched 45-year-old amnesties.
Malcolm Baker’s house and seized It was the most comprehensive
several guns, but they had no idea reform of firearm laws anywhere in
how many they ought to be looking the world. So much so that, 20 years
for. Baker used a gun they hadn’t after Port Arthur, many people think
found to kill his ex-girlfriend and we no longer have to worry about

24 Gun Control Issues in Society | Volume 428


Australia’s gun numbers climb: men who
own several buy more than ever before
Philip Alpers asks: after a 16-year surge in gun buying, can we hold onto
the gains made by the laws introduced 20 years ago?

T
he proud claim that Australia may have “solved – be they family members or gang members – have
the gun problem” might only be a temporary always been the ones to kill each other most frequently.
illusion. In recent years, arms dealers have Then there’s the killer already in the room. About
imported more guns than ever before. And last year 80% of gun deaths in Australia have nothing to do
we crossed a symbolic threshold: for the first time in with crime. Instead, they’re suicides and unintent-
20 years, Australia’s national arsenal of private guns ional shootings.
is larger than it was before the Port Arthur massacre. Although Australia destroyed rapid-fire weapons,
This increase must be seen in context. Australia’s most gun deaths take only one shot. We have yet to
population grew by five million in the same period, so discover how swapping semi-automatic weapons for
per-capita firearm ownership remains 23% lower than single-shot firearms – always the most common tools
it was before Port Arthur. in fatal shootings – might affect overall gun deaths in
But after a 16-year surge in gun buying, can we the long term. In fact, that’s largely what the change
hold onto the gains made by the laws introduced has been – a gun swap.
20 years ago, after Martin Bryant’s rampage in Port The 1996 firearm laws were immediately followed
Arthur killed 35 people? by a buying spree, as banned rapid-fire rifles and shot-
guns were replaced with freshly imported single-shot
The story so far firearms. By 1999, civilian gun imports had dropped to
From the late 1970s, gun deaths in Australia have a record low. And most gun dealers closed their doors.
trended downwards. The risk of an Australian dying In the years that followed, gun-buying climbed
by gunshot remains less than half what it was before steadily to new heights. By 2015, the arms trade
Port Arthur. Research shows that murderers did not had broken all previous records. Last financial year
move to other methods. Australia imported 104,000 firearms.
But although Australia hasn’t seen a public mass The million guns destroyed after Port Arthur have
shooting since 1996, we have no shortage of firearm- been replaced with 1,026,000 new ones. And the surge
related crime. Gun owners who know each other well only shows upward momentum.

Issues in Society | Volume 428 Gun Control 25


country’s national about-turn on guns. But several
simultaneous, largely unheralded changes could have
more effect in the long term.
In the 1996 National Firearms Agreement, Australia
installed a holistic suite of firearm-related public
health interventions. These spanned from compulsory
firearm seizure in domestic violence cases to the
requirement to show “genuine reason” for owning
each firearm (now rolled back in several States);
universal firearm registration; enforced safe storage
regulations; definitive denial of the “right to bear
arms”; and many others.

Dangerous backsliding
By my own analysis of 350 jurisdictions worldwide,
Australia has in place the most comprehensive and
perhaps the most effective mesh of gun control
measures on the planet.
As no law is effective until taken seriously, enforce-
ment and resistance to backsliding are now key.
In recent debates, we’ve seen little but Realising the potential of our toughened firearm legis-
reinforcement for the public health and lation, police have led two decades of national attitude
safety measures forced on us two decades adjustment reminiscent of the 1980s turnaround on
ago by the rampage of a solitary male, drink-driving enforcement.
These days, dedicated gun-crime taskforces target
enabled with a couple of guns.
armed career criminals; firearm-related prosecutions
have have soared; police launch “nationwide blitzes” on
More and more gun owners’ homes and seize thousands of firearms;
But here’s the thing: fewer Australians now own guns. lethal weapons are removed from violence-prone
Since 1988, the proportion of households with a fire- or suicide-risk households; and actual sanctions
arm fell by 75%. are imposed on shooters who ignore safe storage
The same holds true in the United States, where regulations.
researchers now see household gun ownership as the All this adds up to a new generation of police and
most reliable indicator of firearm distribution. political awareness.
The reason? Those who already possess several But perhaps the most profound change has been
guns have bought more. Until recently, the average in public attitude. At this 20th anniversary of the
Australian shooter owned three to five firearms. Port Arthur massacre, we’ve seen in media coverage a
The same people now keep a larger collection, and resurgence of public scepticism about the motives of
a proportion of their guns continue to leak into the self-interested groups seeking to wind back gun laws.
illicit market. Dedicated, single-issue political potency remains
Although rumours of large-scale gun smuggling theirs; surely we’re the only country in the world
to Australia are common, almost all such stories are with two State political parties built and run by the
evidence-free. Apart from an enterprising criminal gun lobby.
band that ran a post office to import Glock pistols, But in recent debates, we’ve seen little but reinf-
no interdiction agency can point to a sizeable batch orcement for the public health and safety measures
of guns smuggled to Australia since the 1980s. forced on us two decades ago by the rampage of a
Certainly, there’s an “ant trade” in single guns and solitary male, enabled with a couple of guns.
parts smuggled by post. But studies by the Australian
Philip Alpers is Adjunct Associate Professor, Sydney School
Crime Commission, the Institute of Criminology and
of Public Health, University of Sydney.
several others point to a much more common source.
When guns found in crime are traced back to their
point of origin, experts agree that most are found
to have leaked from licensed gun owners and rogue Alpers, P (28 April 2016). Australia’s gun numbers climb:
firearm dealers. This is usually by way of the “grey men who own several buy more than ever before. Retrieved
market”, a large pool of illicit firearms created by from https://theconversation.com on 22 February 2017.
Australian gun owners who did not register their
firearms after the laws changed in 1996.
Australians continue to speak as though the 1996-97
Australian Gun Buyback was the key factor in the

26 Gun Control Issues in Society | Volume 428


Explainer: what is the Adler shotgun? And
should restrictions on it be lifted?
Gun control is easy – all it involves is passing laws – but gun violence
control is difficult, explains Samara McPhedran

T
he controversy whether Australia should allow years, they have been available to “Category A” firearm
the importation of the Adler A 110 lever-action licence-holders.
shotgun has certainly delivered some over-the- Some say this is the “easiest” category for obtaining
top political theatre. If you believe hyperventilating firearms, making it sound as if someone can instantly
sectors of the media, the Adler is a newly invented get a licence and go out and buy a gun. The truth is
death machine. If you believe some politicians’ more complex.
rhetoric, allowing the Adler into the country dramati-
cally waters down Australia’s 1996 gun laws. What is a Category A licence? And who
This sounds ominous. But is any of it true? can get one?
The Adler has been incorrectly described as “new” or A Category A firearm licence authorises a person to
“advanced” technology. In fact, lever-action shotguns possess “rimfire” rifles (the . 22, or “rabbit gun”) that are
have been around for well over a century. not semi-automatic, and shotguns that are not semi-
The Adler looks modern on the outside, but on the automatic or pump-action.
inside there is nothing new. To obtain a licence, a person must be over 18 years
The most contentious feature of the gun, and the of age, complete approved safety training, and prove
reason for the parliamentary angst, is its magazine they have a “genuine reason” for owning firearms.
– the part of a gun that holds extra ammunition. “Genuine reasons” include purposes like target shoot-
Again, this is nothing new. Various models of lever- ing, hunting, or primary production. Self-defence is
action shotgun with magazine capacities of five or expressly prohibited.
more rounds have been on the market in Australia A person must be “fit and proper” – or, in other words,
for decades. meet certain standards of character and behaviour. The
Claims the Adler A 110 somehow weakens Australian standards rule out anyone with a history of, for example,
gun laws are pure fiction. Lever-action shotguns have violence (including domestic or family violence), illicit
always been permitted in Australia. For the past 20 drug use, misuse of weapons, or other criminal activities.

Issues in Society | Volume 428 Gun Control 27


It is mandatory for police to conduct background other forms of criminal activity, social fragmentation,
checks into licence applicants to ensure they are fit cultural factors, and a host of broader social and
and proper. justice policy challenges.
It is an offence to provide false or misleading infor- Tackling gun violence takes evidence-based, co-
mation, and penalties apply. A 28-day waiting period hesive, and collaborative efforts that adopt a whole-of-
applies before a licence will be issued. community perspective. It needs long-term thinking
If a person is approved to hold a Category A licence, and commitment.
and wants to purchase a firearm, they must apply to
police for an individual “Permit to Acquire” for each Tackling gun violence takes evidence-based,
gun they want to own (and pay a fee). All sales must cohesive, and collaborative efforts that
occur through a licensed firearms dealer, and all adopt a whole-of-community perspective. It
firearms must be registered with State authorities.
Guns must be locked in a safe when not in use. needs long-term thinking and commitment.
Canada, the UK, and even the US have all imple-
Politics dominates debates around guns mented effective gun violence reduction programs.
The hyperbole about the Adler simply does not match Australia has a lot of catching up to do. But it seems
the facts. This is symptomatic of the generally poor our politicians would rather keep shouting at each
quality of debate around firearm policy in Australia. other about old guns than talk seriously about new
This, in turn, is rooted in Australia’s ongoing obsess- approaches to improving public safety.
ion with the concept of “gun control”.
The current furore is a holdover from beliefs that Samara McPhedran is Senior Research Fellow, Violence
were fashionable in the 1980s. Back then, it was Research and Prevention Program, Griffith University.
assumed that more guns mean more crime, and that
certain types of guns are “more dangerous” than others.
Although both assumptions have since been dispelled
by Australian and international evidence, advocating McPhedran, S (19 October 2016). Explainer: what is the Adler
for gun control has become more about signalling shotgun? And should restrictions on it be lifted? Retrieved
from https://theconversation.com on 22 February 2017.
moral virtue than about a search for good policy.
For politicians, “being seen to be good” often trumps
evidence-based decision-making.
Australia’s fixation with gun control has come at
the expense of gun violence control. The two are not
synonymous. Depending on the specific legislative
measures and types of violence, they can certainly be
related – but they are not identical.
Gun control is easy – all it involves is passing laws.
Gun violence control is difficult. It goes far beyond
law and order, encompassing complex elements of
human society and behaviour: poverty, disadvantage,
unemployment, connections with illicit drugs and

Postscript: States agree to tough Adler shotgun classification


•• 9 December 2016: After a lengthy deadlock in which the federal government banned imports of the
seven-shot Adler lever-action shotgun until a classification could be agreed on, State and Territory leaders
agreed to assign the shotgun a Category D classification (the most restricted category), paving the way for
imports to resume.
•• It means the federal government’s import ban on the seven-round Adler is lifted, however only
professional shooters will be allowed to own one. The decision has angered the pro-gun lobby and
the Nationals, as the higher-capacity Adler will essentially be limited to professional shooters with an
occupational need for the gun.
•• As part of a strengthened National Firearms Agreement, all lever action shotguns with a capacity of up to
five rounds will be moved from Category A to Category B.
•• The import ban will not be lifted until the States and Territories have changed their regulations, however
some believe that could prove difficult in Queensland.
•• Nationals MPs, including deputy prime minister Barnaby Joyce, had been publicly lobbying for the looser
Category B classification for the seven-shot Adler, and were upset with the decision.

28 Gun Control Issues in Society | Volume 428


ENHANCING THE NATIONAL
PICTURE OF ILLICIT FIREARMS
The Australian Criminal Intelligence Commission has released its
first unclassified assessment of the illicit firearms market

M
inister for Justice, the Hon. Michael Keenan MP, firearm amnesties, which reduce the number of,
launched the Illicit Firearms in Australia report and access to, illegal or unregistered firearms in the
alongside Australian Criminal Intelligence community.”
Commission Chief Executive Officer, Chris Dawson, Firearms and organised crime are inextricably
in Melbourne. linked, with strategies needed to address both the ill-
“The use and movement of illicit firearms by icit supply chain for firearms and the underlying
criminals is a serious national problem. It impacts activities of organised crime groups. Criminals use
every Australian jurisdiction and affects the safety of firearms to protect their illicit interests, such as drugs,
our community,” said Australian Criminal Intelligence or commit acts of violence and intimidation.
Commission Chief Executive Officer, Chris Dawson. The report shows that firearms are entering the illicit
The Australian Criminal Intelligence Commission market through a range of methods. In most instances,
continues to conservatively estimate that there are the method for how the firearm becomes illicit can
more than 250,000 long-arms and 10,000 handguns in be categorised as either historical or contemporary.
the illicit market. Historical methods of diversion include the grey
market and legislative loopholes. Contemporary meth-
The Australian Criminal Intelligence ods include theft, illicit assembly, illicit manufacture
Commission continues to conservatively and illegal importation.
estimate that there are more than 250,000
long-arms and 10,000 handguns in the The report’s findings include:
illicit market. •• An increasing number of organised crime groups,
including outlaw motorcycle gangs are trafficking
“One illegal firearm in our community is one too illicit firearms.
many,” Mr Dawson said. •• A conservative estimate of more than 250,000 long-
“The Australian Criminal Intelligence Commission arms and 10,000 handguns in the illicit market,
supports any efforts, including both local and national although it could be much higher.

Issues in Society | Volume 428 Gun Control 29


Australian Criminal Intelligence Commission (21 October 2016).
Illicit firearms in Australia factsheet. Retrieved from www.acic.gov.au on 27 February 2017.

30 Gun Control Issues in Society | Volume 428


•• Firearm enthusiasts with no previous criminal agency also undertakes criminological research and
involvement influence demand by sourcing rare communicates the findings through the Australian
items from the illicit market. Institute of Criminology. Bringing these three agencies
•• The illegal movement of firearms is compounded together will continue to enhance the national picture
by the high degree of anonymity the online of firearms in the Australian community.
environment offers firearm vendors and purchasers.
•• Between 2004 and 2016 the ACIC received 6,874 The full Illicit Firearms in Australia report is available on the
Australian Criminal Intelligence Commission website.
requests for domestic firearms traces from its
Australian law enforcement partners. The greatest
proportion of illicit firearms traced was identified Australian Criminal Intelligence Commission (21 October 2016).
as coming from the grey market. Enhancing the national picture of illicit firearms (Media statement).
Retrieved from www.acic.gov.au on 27 February 2017.
•• To date, the Australian Criminal Intelligence
Commission holds more than 1.8 million historical
records of firearms transactions. These records
ensure that the Australian Criminal Intelligence
Commission’s firearm trace capability is the
most comprehensive program available to law
enforcement in Australia.

Firearms and organised crime are


inextricably linked, with strategies needed
to address both the illicit supply chain for
firearms and the underlying activities of
organised crime groups.
“New trends in methods of acquiring and moving
illicit firearms continue to evolve. The collection
of national intelligence on illicit firearms with our
partners assists all law enforcement agencies and
governments to effectively discover, understand and
respond to criminal activities where firearms are
used,” Mr Dawson said.
The Illicit Firearms in Australia report is the unclassi-
fied version of updated classified intelligence products
provided to the Australian Criminal Intelligence
Commission’s law enforcement partners in 2015.
The report details the current understanding of the
nature and extent of illicit firearms in the Australian
community.
The Australian Criminal Intelligence Commission
was established 1 July 2016 following a merge between
the Australian Crime Commission and CrimTrac. The

Issues in Society | Volume 428 Gun Control 31


Gun culture alive and well in Australia,
ranking sixth in firearm imports: expert
The findings from the latest Small Arms Survey show that Australia is about the
sixth biggest importer of weapons, including rifles, revolvers, pistols and
ammunition. A report for ABC News by Kim Landers

T
he survey, which tracks the
global trade in weapons, also KEY POINTS
showed that the United States hh Small Arms Survey shows the US remains biggest importer and exporter
of weapons.
has remained the biggest importer
hh Rise in firearm purchases since Port Arthur massacre.
and exporter of weapons. hh Law enforcement makes up 5 per cent of arms imports.
Philip Alpers, a public health res- hh Arms industry growing and becoming more profitable.
earcher at the University of Sydney
and the founding director of the
GunPolicy.org website, said Aust- indicators: we’re an agricultural “So those figures are civilian
ralia had ranked “surprisingly high” society, we have high disposable in-
on the list of countries, coming in come, we have very robust sporting
firearms and civilian
between sixth or eighth in the world and shooting organisations,” he said. ammunition. The gun
depending on the year. “There are many legitimate uses culture is alive and well
“We import a lot of firearms, but for firearms in Australia, largely in Australia.”
that’s largely because we don’t man- primary production, and so it’s no
ufacture any of our own,” he said. surprise that we … consume and buy with single-shot firearms, long
Mr Alpers said the high figures and import quite a lot of firearms.” guns,” he said.
that emerged from the survey also He said the rush subsided around
included ammunition. Firearms destroyed post Port 1998, and since then there had been
“We are a country of high use Arthur have been replaced a gradual climb back, with roughly
of firearms, we have a lot of the Mr Alpers said the number of 120,000 firearms now imported per
weapons being bought in Australia year into Australia.
“We’ve now got to the point had been climbing since the Port “We’ve now got to the point
where we’ve replaced, more Arthur massacre. where we’ve replaced, more than
“Of course there was a big
than replaced, the million collapse in the gun industry after
replaced, the million guns that
were destroyed [post Port Arthur],”
guns that were destroyed Port Arthur, when the initial rush Mr Alpers said.
[post Port Arthur].” [was] to replace the semi-automatics “But you have to remember that
within those 20 years the popula-
tion of Australia increased by about
23 per cent.
“So we now have almost a quarter
fewer firearms per head of popula-
tion per capita than we had at the
time of Port Arthur.”
Mr Alpers said fewer than 5 per
cent of weapons imported into
Australia were for law enforcement.
“Law enforcement … completed
its re-equipping of police officers
back in 2011 when they replaced
old revolvers with semi-automatic
hand guns, and since then it’s just
very small numbers,” he said.
“Military imports are largely off
the books, they are not included in
the Customs data, State-to-State
transfers, and so on.
“So those figures are civilian fire-
arms and civilian ammunition.

32 Gun Control Issues in Society | Volume 428


The gun culture is alive and well in Orlando massacre was an AR15 rumour is that he is going to take
Australia.”
. semi-automatic, and Mr Alper said them away.
that weapon could no longer be “So there’s been an eight-year
Arms industry is resurging purchased in Australia. boom in these firearms.”
Mr Alpers said the people who He said it was the weapon of Mr Alpers said after a massacre,
were importing the weapons were choice for the killer at Port Arthur such as the one in Orlando, firearm
arms dealers. and for most mass killers in the sales “always increase”.
“They’re the people who know United States. “The reaction here in Australia
they can make a profit out of guns. to something like Port Arthur is,
This industry is resurging, it’s “The reaction in America ‘we’ve got to do something, let’s do
becoming much more profitable it quickly, let’s do it now’.
than it used to be,” he said.
is to pray and then to blame
“The reaction in America is to
He said after the post-Port Arthur somebody else, and then to pray and then to blame somebody
collapse, several big players emerged buy more guns.” else, and then to buy more guns.”
who were importing “more and
more guns”. “It’s the most popular rifle in the © ABC. Reproduced by permission
“They’re finding more and more USA, it was designed to kill as many of the Australian Broadcasting
innovative ways of bringing guns people as possible in a very short Corporation – Library Sales.
into the country, too – for example, time,” Mr Alpers said.
the Adler shot gun, and a new one “It’s a derivative of the M16 mil- Landers, K (14 June 2016). ‘Gun culture alive
which emerged this week,” Mr itary weapon that was invented … for and well in Australia, ranking sixth in firearm
Vietnam. The estimate is that around imports: expert’, ABC News. Retrieved from
Alper said.
www.abc.net.au/news on 22 February 2017.
“And that’s a way of filling a niche four million American households
of gun enthusiasts who really want have one or more AR15s.
a rapid fire weapon. “And strangely, ironically, there’s
“And they found a loophole in been a sales boom in these firearms
the law which allows them to bring for the past eight years, because
in a limited number of these guns. the gun lobby in America has built
“They may bring in a lot more of up this fear that Barrack Obama
them depending on a decision to be is going to take them away from
made sometime.” everybody.
“So we all know that he can’t
Orlando killer used ‘weapon possibly do that, but he has himself
of choice’ said, ‘I’m the best salesman there is
One of the weapons used in the for these weapons’ – because the

Issues in Society | Volume 428 Gun Control 33


THE LEGAL MINEFIELD OF 3D PRINTED GUNS
3D printed guns currently occupy a grey area in terms of their legality in
many jurisdictions around Australia, observes Richard Matthews

3 D printed guns are back in the news after


Queensland set a legal precedent for giving Kyle
Wirth a six-month suspended sentence for fabri-
cating a number of gun parts.
3D printed firearms in Australia
3D printed guns currently occupy a grey area in
terms of their legality in many jurisdictions around
Australia. For example, the South Australian Police
As presiding Judge Katherine McGuinness acknow- released a guide outlining which kinds of imitation
ledged, Wirth didn’t produce an entire gun – it took firearms are considered legal.
police to add a few key parts in order for the gun The distinction between a “regulated imitation
to successfully fire a bullet – but he was “trying to firearm” and a children’s toy is significant, as a South
make a gun”. Australian man discovered in 2015. He was charged
with a firearms offence after police found a toy gun
If it’s illegal to build a gun via conventional in a box along with a single shotgun shell.
means without a licence, what’s the concern The judge acquitted him because the gun was
clearly a child’s cap gun and could not be modified to
over making guns using 3D printers in fire the shell.
particular? However, according to the South Australian Police’s
guide, the “gun”, although non-functional, is techni-
As such, she said “there is a real need to deter and cally neither a “moulded imitation firearm” nor is it
protect the public from such offending”. an “imitation firearm carved from timber, plastic or
But if it’s illegal to build a gun via conventional other material”. This means it’s unclear how it would
means without a licence, what’s the concern over be regarded by police or the courts.
making guns using 3D printers in particular? New South Wales takes a different approach on the
And for those who are either researching the cap- issue. The Firearms and Weapons Prohibition Legislation
abilities of 3D printers – a form of additive manufac- Amendment Bill 2015 made it illegal to possess digital
turing – or using them at home or in their business, it’s files that can be used to manufacture firearms on “3D
important to understand the legal boundaries under printers or electronic milling machines”.
which they can be used. The act was amended “to create a new offence of
possessing digital blueprints”, although the defini-
tion of a “digital blueprint” is a little ambiguous. As
defined, it captures “any type of digital (or electronic)
reproduction of a technical drawing of the design
of an object”. As written, this could even mean a
photograph of a technical drawing. But technical
drawing files are not always needed for 3D printing.
In 3D printing, drawing files are used to create
GCode, a computer control language used to guide
the print head and the amount of plastic to extrude.
Is GCode a digital reproduction? Even if it is, it does
not stop someone 3D printing gun parts in another
jurisdiction in Australia or overseas where they’re not
illegal and then posting it back to NSW.
It was this fear that drove the Queensland Palmer
United Party to introduce a bill in 2014 to make 3D
printing of firearms illegal. It was rejected by the
parliamentary committee and never reintroduced.
When Labor took power in Queensland following
the 2015 election, it defended the move and released
a statement stating that “Queensland already has
legislation dealing with the unlawful manufacture
of weapons that carries with it some of the harshest
penalties in Australia”.
Hence Kyle Wirth was charged in 2015 with manufa-
cturing offensive weapons, including a plastic knuckle
duster. He was not charged under any legislation that

34 Gun Control Issues in Society | Volume 428


prevented him from 3D printing parts, as the PUP bill However, we need a classification of digital blue-
would have outlawed. prints. Australian Classification is already responsible
for passing judgement on a wide array of media. In
Plastic or not, it is illegal under nationally the future we will likely see such an agency extended
unified gun laws to make a gun without to cover digital blueprints available or for sale to
the public.
a licence. If this is the case, why did NSW
feel the need to ban digital blueprints? The Richard Matthews is PhD Candidate, University of Adelaide.

answer could come from the future prospects


of 3D printing.
Matthews, R (3 February 2017). The legal minefield of 3D printed
Plastic or not, it is illegal under nationally unified guns. Retrieved from https://theconversation.com on 5 April 2017.
gun laws to make a gun without a licence. If this is
the case, why did NSW feel the need to ban digital
blueprints? The answer could come from the future
prospects of 3D printing.

Towards the future


In the next 20 years we will be able to print drugs,
metals and substances at an atomic level – possibly
all at home.
Regulation of these things is currently predicated
on the idea that producing them typically required
expertise and specialised equipment. But that may no
be the case for long.
This will mean we need a new unified approach to
legislation that specifically speaks to the capabilities of
3D printers, and the distribution of the files they use.
New South Wales is the only State that has started
outlawing the digital blueprints needed for additive
manufacturing of illegal objects. This is a step in the
right direction.

Issues in Society | Volume 428 Gun Control 35


CHAPTER 2
The gun control debate

GUN OWNERSHIP: A RIGHT OR PRIVILEGE?


The question of whether gun ownership is a right or privilege recently came up on
Australian Hunting Podcast and again in an online discussion on a provision in SA
law that says gun ownership is not a right. Or is it? The Combined Firearms Council
of Victoria’s Neil Jenkins and Tristen Fremlin go head-to-head on that question
MY RIGHT TO BUY A GUN words, these are rights – but with some conditions
– Neil Jenkins attached to them.

I
f I want to buy bread at the supermarket, I can. I may My good friend Tristen will argue buying a gun is not
have to pay a price and line up at the checkout, but a right, but a privilege. He will argue that free speech is
it’s something I have the right to do. a right because the right is unconditional.
It’s the same with a firearm. If I want to buy a However I would say that isn’t true. My day job as a
shotgun, I can. I need to have the right licence and public servant binds me to the Official Secrets Act. Not
permit, but the law does allow me to buy a shotgun that I have anything exciting to share with you, but
if I wanted one. my ‘right’ to say what I want has more freedom than
It’s the same with flying a plane or driving a car. I buying a gun, but isn’t without limitation.
have to get licences to do these, but I can do them if The only difference between my right to get a gun and
I want to. my right to have free speech is how high the bar is set.
It’s unlikely that I would be able to buy a Category Privilege
D firearm but it’s also the case I’m not going to be able I would argue that privilege, is a right that not everyone
to fly an Airbus. The interesting thing about these is has access to. One dictionary definition defines
that these are rights which can be attained, however privilege as:
they would require career changes that are beyond
me. Are these still rights? I’m not sure. “a right, immunity, or benefit enjoyed only by a
However for the more simple case of legally obtain- person beyond the advantages of most.”
ing a Category A or B firearm, the argument of a right
is more clear-cut. Any accountant, mechanic, retired The only difference between my right to
or unemployed person can buy a side-by-side shotgun get a gun and my right to have free speech
if they are willing to meet some basic criteria. In other is how high the bar is set. – Neil Jenkins

36 Gun Control Issues in Society | Volume 428


No matter what I do, I won’t be able to inherit James
Packer’s fortune. Nor will I be able to ride in the royal
carriage next time it’s in Australia.
That’s beyond the ability of most people do to. For
those, you have to be born in the right family. You
might be less deserving of those things than other
people, but it’s a right you don’t have to pursue and
cannot lose. Surely that’s privilege.
The South Australian Police recently said owning a
gun is not a right. That would be true if the law said
South Australians cannot own any firearm, however
that is not the case.
I’m not familiar with the detail of firearm laws in
South Australia but you can buy a gun there if you get
a licence. That makes owning a firearm a right. Even if
the police say otherwise.

PRIVILEGES OF THE MODERN SOCIETY


– Tristen Fremlin

N
eil believes that “If I want to buy bread at the
supermarket, I can. I may have to pay a price
and line up at the checkout, but it’s something
Consider this; if ownership of a firearm
I have the right to do. It’s the same with a firearm”.
In order to define our rights, we cannot look to our
was a right, you would not need to apply
everyday lives or to dictionaries. To define our rights, for a licence or permit to acquire to own
we must look to the one thing that protects them, and firearms. – Tristen Fremlin
enables laws to be made. The Commonwealth Constitution
clear that the Constitution does not have any firearm
of Australia Act (known as the “Constitution” mov-
ownership rights, and the High Court of Australia has
ing forward).
not awarded us any Implied Gun Rights.
Our Constitution does not include a “Bill of
If we then look at our State-based laws, we don’t
Rights” like the American Constitution, as such it has
need to look very far to see that the free ownership of
been criticised for its ability to protect the rights of
firearms does not exist. Our gun laws are exception-
Australian’s. However, it does allow us two types of
ally restrictive.
rights: Express Rights and Implied Rights.
Consider this; if ownership of a firearm was a right,
Express Rights are those that are named in the
you would not need to apply for a licence or permit to
Constitution. These include: the right to trial by
acquire to own firearms.
jury, the right to just compensation, the right against
Looking at what we have and how the constitution
discrimination on the basis of out-of-State residence.
works and comparing this to Neil’s assumption that I
For any of these rights to be changed, we would need
will counter his argument with the right to free speech.
to take the change to a referendum.
Australians are given the right to free speech, how-
Additional, to this, we also have the protection of
ever under certain circumstances, we may make the
“Implied Rights”, these rights are ones that are not
decision to waive this right in regards to certain
written explicitly into the wording of the Constitution,
subjects. In this case, Neil’s inability to freely discuss
but that the High Court has found to be implied by
matters under the Official Secrets Act is a condition
reading two or more sections together.
of his employment. It does not effect his ability to
So what does this mean for firearms?
be a pro-gun lobbyist, nor to argue for or against any
Well while I can’t say I have read the entire Con-
other matter.
stitution, I can guarantee you that the Constitution
So, unless we can convince a majority of voters that
does not have any explicit firearms ownership laws. I
firearm ownership should be a right (and a right worth
can also tell you that Section 51 of the Constitution has
fighting for in a referendum), our guns will remain a
provided the power of legislation to the state.
privilege.
Now we need to consider the following: I mentioned © Combined Firearms Council of Victoria.
above that the Constitution has no express firearms
rights and that firearms law is the responsibility of
Jenkins, N and Fremlin, T (13 November 2015).
the states. So our final hope of firearms rights must be
Gun ownership: A right or privilege? Retrieved from
within the implied rights … right? www.firearmscouncil.org.au on 28 February 2017.
Well, sorry to break your hearts. The principle func-
tion of the High Court of Australia is to interpret the
Constitution and to interpret its meaning. Its pretty

Issues in Society | Volume 428 Gun Control 37


Shooters and Fishers goes head-to-head
with The Greens on gun control
New South Wales politicians David Shoebridge (Greens) and Robert Brown (Fishers
and Shooters) clash over gun control in Australia. Article courtesy of SBS News

‘LAW-ABIDING FIREARMS OWNERS with the Federal Justice Minister on the National
ARE NOT CRIMINALS.’ Firearms Agreement:
Robert Brown, Fishers and Shooters Party NSW

I
“The New South Wales Government has made it clear
t’s impossible to have a sensible conversation about … that our problem in relation to firearms and crime
firearms law and firearms-related crime without is not registered firearms, it is an illegal firearms –
the anti-gun groups peddling hysteria in search of illegal guns – issue that we face.
an easy headline. Much of the debate about firearm Greater than 97% of firearm incidents reported in
crime has unfortunately led to legislation which New South Wales relate to unregistered, unbranded,
penalises and demonises law-abiding firearms owners unlicensed firearms.
and treats them as criminals because they’re an easy
Victims of gun crime … are victims of illegal guns
and visible target.
and unregistered guns – not the ones you buy at
The reality is that the 1996 National Firearms
firearms dealers.”
Agreement, gun buybacks, and onerous regulations
have not prevented gun deaths or gun crime. Almost Case in point: the firearm used in the tragic shoot-
all of these incidents involve black market, illegally- ing of NSW Police worker Curtis Cheng in Parramatta
sourced firearms that are outside the public view, or last year was an illegally-sourced firearm. Pistols have
reach of authorities. been registered in New South Wales since 1927, and
To combat this situation the Shooters and Fishers it was nowhere on the official record, except for the
Party in New South Wales have sponsored a bill records with the manufacturer overseas. Yet, a law-
in Parliament since 1998 to introduce mandatory abiding firearm owner is often subject to excessive and
sentences for any crime committed by a person punitive regulations that operate under the assump-
possessing a firearm. For 20 years this bill has laid tion that they are a potential criminal.
dormant on the Upper House notice paper because
nobody is willing to support it – be they from the In fact, any target shooter, farmer or hunter
Labor Party or the Coalition.
The NSW Police Minister Troy Grant brought some
possessing a firearm has to hold themselves
sense to the debate on November 5 last year when he to a higher standard of conduct in their
spoke about the gun crime situation during discussions everyday lives. – Robert Brown

38 Gun Control Issues in Society | Volume 428


Anybody wishing to obtain a firearms licence has to Political expediency and in particular deals
complete an approved firearms safety course, aimed with pro-gun MPs ... have weakened gun
at ensuring that their firearm is handled and stored
in the proper legal manner.
laws. – David Shoebridge
In fact, any target shooter, farmer or hunter poss- Of course this doesn’t mean banning all guns. People
essing a firearm has to hold themselves to a higher can have legitimate reasons to own a gun. Farmers
standard of conduct in their everyday lives. This is often need access to guns to be able to deal with injured
because of the discretionary power in the legislation livestock or remove invasive species that threaten and
that allows police to deem somebody no longer a “fit kill stock. Others have a legitimate interest in target
and proper person” to possess their firearm. shooting or a niche interest in collecting 19th century
Licensed hunters in New South Wales must com- blackpowder weapons.
plete training and abide by a Code of Conduct from Effective firearms laws are about getting these
the Game Licensing Unit which not only covers safety competing interests right. However it also means that,
matters, but also legal responsibilities and animal where there is any real doubt, community safety must
welfare issues. come first.
These firearm education measures have been very Australia on the whole has been getting this balance
effective, but there’s more to do to get the balance right. right, and stands in stark contrast to America where
The Shooters and Fishers Party – soon to be Shooters, the pro-gun lobby has been so powerful that it is legal
Fishers and Farmers Party – have long championed to open-carry weapons into universities and schools
increased penalties for criminals using firearms. in many states. This proliferation of weapons also sees
Licensed, law-abiding firearms owners are not crim- America as the world capital of mass shootings and a
inals. Governments should concentrate on crime, not world leader in accidental shootings by children and
the demonisation of licensed firearms owners. The even animals.
two are not one and the same. Almost exactly 20 years ago the Port Arthur mass-
acre was a turning point for gun control in Australia,
‘GUN CONTROL – THE DANGERS OF DEALS.’ with then Prime Minister John Howard responding to
David Shoebridge, The Greens NSW this unimaginable tragedy with a gun buyback and the

T
here are some simple facts that every politician National Firearms Agreement.
should get their head around. One of these is The 1996 National Firearms Agreement harmon-
the fact that guns kill people. The more guns ized gun laws across the country, requiring all weapon
we have in society and the more lethal those guns, the holders to have a firearms licence, to register all weapons
more people who will be killed and maimed by them. they owned and to store them in a secure locker. Around
Once these facts are well established, we can start 643,000 firearms were removed from circulation as a
legislating to make society safer. result of this move.

Issues in Society | Volume 428 Gun Control 39


legislated for night time duck hunting and opened up
more than 140 State Forests to recreational hunters.
This isn’t all just a response to a few well-placed
Shooters MPs. It also reflects the opinion of a good
many National Party and Liberal Party MPs who
have swallowed the US line of a “right to bear arms”.
Pro-gun zealots come in most political colours and
are found in most parliaments.
In the Federal Parliament the “colourful” Queens-
land MP Bob Katter is often heard pushing for laxer gun
laws. No doubt he gets support for these calls around
the family dinner table with his son-in-law one of the
country’s largest gun importers. Meanwhile, in the
Federal Senate David Leyonhjelm has said he would
love the US National Rifle Association (NRA) to become
more active in Australia to tear down the nation’s gun
laws. He has appeared in NRA promotional material
declaring Australia to be a “nation of victims” because
we have sane gun laws.
Since then Australia has not suffered the tragedy These Federal MPs are currently working on the
and loss of another mass shooting. Firearms-related Federal Coalition to overturn the importation ban on
suicides have fallen dramatically, especially among the dangerous Adler 500 8-shot rapid-fire shotgun.
young men in rural and regional Australia. Basically, What is really troubling is that they have such a willing
the place has been a hell of a lot safer as a result of audience amongst Coalition and Labor MPs.
sensible gun laws. We know what works. Strict gun controls keep us
Since this time however, political expediency safer. Reflecting today on the political cost that John
and in particular deals with pro-gun MPs like the Howard paid in 1996 when he brought in the National
Shooters Party have weakened gun laws. In 2012 Firearms Agreement we need to remember a valuable
the NSW the Coalition government wanted to get lesson. It’s not just guns that pose a threat to public
legislation through Parliament to privatise the State’s safety, it’s also weak-kneed politicians who give in to
electricity generators. So they cut a deal with the the powerful gun lobby. Society needs to be protected
Shooters MPs that exchanged their vote for priva- from both.
tisation in return for opening up National Parks for
Robert Brown has been a Shooters, Fishers and Farmers Party
recreational hunting. member of the New South Wales Legislative Council since 2006.
Unfortunately, those types of deals have become a
David Shoebridge has been a Greens member of the New South
common feature of New South Wales politics. Both the Wales Legislative Council since September 2010.
Coalition and the former Labor Government have cut
these kinds of deals. These deals have consequences – Robert Brown and David Shoebridge appeared on Insight’s look
the overarching one being the slide towards a pro-gun at gun control in Australia: www.sbs.com.au/news/insight/
tvepisode/guns
and hunting culture.
The State’s former Labor government gave millions
of dollars of public money to gun clubs, created a Shoebridge, D and Brown, R (30 November 2016). ‘Shooters and
bizarre taxpayer-funded hunting authority called Fishers goes head-to-head with The Greens on gun control’, SBS
News. Retrieved from www.sbs.com.au on 27 February 2017.
the Game Council and weakened key gun controls.
All of this was in return for consistent support form
minority Shooters MPs to get unrelated legislation
through Parliament.
Between just 2008 and 2010 the NSW Labor govern-
ment made more than 30 amendments to gun control
laws, including the introduction of the notorious
section 6B of the Firearms Act, which enables people
to handle and be trained in the advanced use of fire-
arms without any kind of background check.
Since then, in addition to allowing shooting in
National Parks the NSW Coalition government has
given hunters access to silencers, snuck pro-hunting
materials into primary schools and even proposed
allowing children as young as 12 to hunt unsuper-
vised on public land. Not satisfied with this they have

40 Gun Control Issues in Society | Volume 428


WHAT DOES HUMAN RIGHTS
LAW SAY ABOUT GUN CONTROL?
Authored by Adam Fletcher for the Castan Centre for Human Rights Law

O
pponents of gun control in the United States argument, the greatest human right of all is to live a
have a powerful ally in domestic law, because safe life without fear of random murder’.
their Constitution contains a right to ‘keep and
bear arms.’ Since the Heller Supreme Court case in Q: So is there really a human right to own a gun?
2008, this has been interpreted as an individual right No there isn’t. John Howard was probably just being
which can trump legislative gun bans. polite. The US Constitution is alone (at least amongst
In the context of the 2016 Presidential primaries, democracies) on this one.
gun control is once again being hotly contested in According to the preamble to the International
the US, and Australia has been drawn into the debate. Covenant on Civil and Political Rights (ICCPR), human
In 2016, then Prime Minister John Howard ramped rights ‘derive from the inherent dignity of the human
up Australia’s already strict handgun controls by person’ and are aimed at achieving ‘freedom from fear and
effectively banning private ownership of ‘long guns’ want.’ Human rights are essentially the opposite of guns.
(especially [semi-] automatic and self-loading rifles and Amnesty International, as it happens, has called gun
shotguns) and initiating a huge national buyback in violence in the US a human rights crisis.
the wake of the Port Arthur massacre. Spurious claims Even the pro-gun Independence Institute, which
by US presidential hopefuls about the effectiveness argues that gun confiscation has led to increases in
of such measures have led him to defend this policy, human rights abuses in some countries, does not claim
which is one of his Government’s most important that there is a right to possess arms or defend yourself
legacies. In his CBS interview (which, by the way, is not with them at international law.
as entertaining as his fantastic one with John Oliver
Q: Isn’t it a government’s duty to keep people safe?
on the same subject), Howard said:
What if they just want to defend themselves
People used to say to me, ‘You violated my human from criminals?
rights by taking away my gun’, and I’d (say), ‘I Well yes, governments have a duty under the ICCPR
understand that. Will you please understand the to ensure people are secure (article 9) and that they

Issues in Society | Volume 428 Gun Control 41


are not arbitrarily deprived of life (article 6). That’s the US rate. In countries such as South Korea and
what police are for (or, in extremis, the military). A gov- Japan, which have even stricter laws, the rates are an
ernment acting in accordance with its human rights order of magnitude lower again.
obligations, along with criminological evidence, would Given that the right to self‑defence is not really
seek to maximise the chances of personal safety for its an individual ‘right’ at all (legally speaking, it’s just
citizens by minimising circulation of deadly weapons. a defence which negates what would otherwise be
The deadlier the weapon, the more control is likely to a violent crime), it does not make sense to prioritise
be justified. it over gun control policies which are a reasonable,
In Australia, guns are not completely banned. rational means of ensuring (or at least promoting)
The line has been drawn at rocket launchers, flame collective safety and security.
throwers, portable artillery assault rifles, sawn-off On the other hand, policies which seek to ensure
shotguns and (essentially) any other gun without security but which restrict freedom (broadly defined)
a demonstrably legitimate purpose (such as target unduly are anathema on an instinctive level for some.
shooting, farming or hunting). There are also back- For example, one of our Senators portrays Australia as
ground checks and other precautionary measures. a ‘nation of victims’ when it comes to gun crime. On
Does this provide a 100% guarantee of safety? No the whole, our political leaders after 1996 (like those in
– for example, in 2002 there was a tragic shooting the UK after similar trauma) made an assessment that
event in which two people died right here at Monash the majority of Australians would be willing to trade
University, just metres from the office in which some freedom to defend themselves for greater collec-
I’m writing this post. The student had obtained his tive safety, yet they have still taken a more libertarian
weapons legally through membership of a pistol approach than South Korea or Japan. All other things
club. Overall though, the chances of being killed by being equal, it could be argued that those nations are
gunshot in Australia are very low – around 1/10th of better fulfilling their ICCPR art.6/art.9 obligations in
this regard, but as we know international law is not
the only consideration in national policy-making.
Given that the right to self‑defence is not
really an individual ‘right’ at all (legally Q: OK I get the picture – human rights law wants
speaking, it’s just a defence which negates the Government to take care of the gun‑toting
criminals ... but what if I need to protect
what would otherwise be a violent crime), myself from the Government?
it does not make sense to prioritise it over History has shown that only the rule of law can protect
gun control policies which are a reasonable, you from your Government. The police and military
rational means of ensuring (or at least have more guns and almost infinitely more resources
promoting) collective safety and security. than you do. Even if you have your own militia and lots
of guns, you cannot win.
Finally, it is worth noting that a growing number
of nations (78 at last count) are now party to the Arms
Trade Treaty, which links their gun sales to trading
partners’ human rights records. This treaty repres-
ents a historic step in the struggle between human
rights protection and the proliferation of guns.

Adam Fletcher is a Research Fellow and PhD Student in the


Faculty of Law at Monash University.

Fletcher, A (16 March 2016). What does Human


Rights Law say about Gun Control? Retrieved from
https://castancentre.com on 27 February 2017.

42 Gun Control Issues in Society | Volume 428


If government comes for Adler guns
today, it’ll come for your hobby tomorrow
THIS OPINION PIECE BY LIBERAL DEMOCRATS SENATOR DAVID LEYONHJELM
WAS FIRST PUBLISHED IN THE ‘AUSTRALIAN FINANCIAL REVIEW’

I
n July 2015, the Abbott government introduced a five-shot version can be imported and legally owned
customs regulation to prohibit imports of seven- by sporting shooters. It is also possible to convert a
shot lever-action shotguns. The announcement five-shot Adler into seven or more, simply by fitting a
by the prime minister made clear it was part of the longer magazine tube under the barrel. It is not illegal,
government’s one-announcement-per-week terror- and plenty of people are doing it.
ism strategy. It was also said to be temporary, pending
a review of the National Firearms Agreement involving The import ban achieves nothing, and is not
the States and Territories. preventing the ownership and use of seven-
About two weeks, later the government was seeking shot lever-action shotguns ... Not that there
my support to oppose an amendment to a bill relating
is anything to fear from seven-shot lever-
to migration. Labor’s amendment raised no questions
of rights or freedoms – it was to increase from one to action shotguns.
two the number of independent people present when The import ban achieves nothing, and is not pre-
biometric data was collected from minors – and I was venting the ownership and use of seven-shot lever-
indifferent as to its fate. action shotguns.
That led to the now-famous – or infamous – agree- Not that there is anything to fear from seven-shot
ment in which the government agreed in writing to lever-action shotguns. The presence of two extra
apply a sunset clause to the shotgun import ban, in rounds in the magazine does not transform it from a
exchange for my vote on the amendment. safe to a dangerous firearm. Neither a mass murder
We both acted on the deal. I voted with the gov- nor a terrorist attack is more likely because of those
ernment, and the government introduced a new two extra rounds.
regulation placing a limit of 12 months on the import Relatively few firearm owners want to own a
ban. The ban was to be lifted on August 7 this year. lever-action shotgun, and even fewer care whether
A week before the import ban was due to be lifted, it holds five rounds or seven. However, every one
it was reimposed. The Minister for Justice, Michael of them knows the implications of creeping regu-
Keenan, told me that he never had any intention of lation on their sport. They know if it’s lever-action
allowing the shotguns to be imported. In other words, shotguns today, it will be something else tomorrow.
there had never been any intention of keeping to the The Firearms Section in the Attorney-General’s
bargain. When Tony Abbott chimed in – once it had Department has had an agenda of incremental
been linked in the media to my vote on the reinstate- restrictions on firearms for over a decade. Semi-
ment of the ABCC – it was clear that whether he automatic pistols, pump-action rifles, lever-action
knew about the deal of not, he would also have failed shotguns and lever-action rifles are on their list.
to honour it.
This places the government in a tricky position. Disarming law-abiding Australians
Following the election, the government now requires The government’s behaviour in relation to its deal
the support of nine of the 11 crossbench senators for its with me is not only about trust, but also about what’s
legislation to pass. Securing that support is obviously being done to sporting shooters. It is yet another step
more difficult if it cannot be trusted to negotiate in in the process of disarming law-abiding Australians,
good faith. It sets the tone of negotiations before they of preventing them from enjoying their sporting,
have even begun. hunting and collecting activities, and towards the
end envisaged by John Howard in 1996 in which only
Political cut-and-thrust the police, military and security guards have guns.
Some in the media see this as part of the cut-and- And if the government can’t be trusted to keep
thrust of politics. I do not, and nor do most (but not to a deal with me, how can it be trusted if it owns
all the guns?
all) of my parliamentary colleagues.
There was cut-and-thrust in negotiating the agree- David Leyonhjelm is a senator for the Liberal Democrats.
ment, from which the government could have chosen This article was first published in the Australian Financial Review.
to withdraw at any time. Instead it gave its word, which
it then broke. Leyonhjelm, D (9 December 2016). If government comes for
As for the merits of the import ban itself, it only Adler guns today, it’ll come for your hobby tomorrow. Retrieved
applies to seven-shot lever-action shotguns. The from http://davidleyonhjelm.com.au on 27 February 2017.

Issues in Society | Volume 428 Gun Control 43


GUN LAWS SHOULD BE TOUGHER,
NOT WEAKENED IN ANY WAY
AUSTRALIAN MEDICAL ASSOCIATION RELEASES POSITION STATEMENT ON FIREARMS
intentional acts of violence, including suicide.”
Dr Gannon said that it was concerning that some
groups and people, including Members of Parliament,
were agitating for changes to allow newer models of
pump or lever action rifles to be imported into Australia.
“The AMA commends the decision of State and Ter-
ritory leaders at the December Council of Australian
Governments (COAG) meeting to withstand political
pressure and impose stricter controls over the lever
action Adler shotgun,” Dr Gannon said.
“We also welcome their agreement to a national gun
amnesty this year. Gun laws should be tougher, and
not watered down in any way.
“The AMA supports a strengthening of current laws
banning high-powered semi-automatic weapons and
pump or lever action rifles, so that they cannot be
circumvented by new or adapted models.
“We strongly oppose any campaigns or policies
that seek to dilute or relax the restrictions on firearm
Background purchase and ownership, such as winding back the
mandatory ‘cooling off’ period between applying for
•• Figures from 2012 showed that there were about
and buying a gun.”
2,750,000 registered firearms and 730,000 licensed
The Position Statement calls for tighter restrictions
firearm owners in Australia.
on the definition of a ‘genuine reason’ to purchase a
•• In 2014, 253 people died from gunshots, of which 185
firearm, and greater efforts to restrict weapons from
were determined to be suicide. About 1,500 firearms are
entering the country illegally.
reported stolen each year.
It also calls for a real-time, readily accessible National
•• More than 1,121,000 firearms have been handed in to
Firearms Licensing Register to be established, incorpo-
police in a series of amnesties held between 1998 and 2015.
rating State and Territory information for all types of
firearms and other lethal weapons.
Gun ownership laws should be tightened, and a It recommends that if a registered owner of a firearm
national, real-time firearms register should be fails to notify the register of a change of address or
established, the AMA said today in its new change in location of storage for any weapon, they
Position Statement on Firearms 2017 should lose their licence and have their weapons

A
confiscated.
MA President, Dr Michael Gannon, said that
Licence applications should be refused if the person
the AMA was concerned at ongoing attempts
is subject to a current restraining or protection order,
by some groups to water down the National
or a conviction of an indictable offence involving fire-
Firearms Agreement, introduced after the Port Arthur
arms and/or violence within the past five years.
massacre in 1996.
The Position Statement also calls for laws banning
“There is a legitimate role for guns in agriculture,
the manufacture and sale of 3D printed weapons.
regulated sport, and for the military and police, but
“With advances in 3D manufacturing technology, it
gun possession in the broader community is a risk to
is increasingly likely that people will be able to produce
public health,” Dr Gannon said.
firearms and other weapons,” Dr Gannon said.
“In the nearly 21 years since Port Arthur, gun deaths
“Therefore, 3D weapons should be classified in the
in Australia have halved, thanks to the National
same way as other firearms and weapons.”
Firearms Agreement.
“However, it is estimated that there are anywhere The AMA Position Statement on Firearms 2017 is available at:
between 260,000 and six million guns held illegally in https://ama.com.au/position-statement/firearms-2017
Australia, and most gun-related deaths in Australia are
suicides within the families of gun owners. Australian Medical Association Limited (3 January 2017).
“Restricting access to firearms reduces the risk of Gun laws should be tougher, not weakened in any way.
impulsive purchase and use of guns, and their use in Retrieved from https://ama.com.au on 28 February 2017.

44 Gun Control Issues in Society | Volume 428


THE AMA HAS A POOR
AIM ON GUN LAWS
Its latest initiative misses the target, writes
Brad Emery in the Huffington Post

T
he Australian Medical Association is the back-
bone of ... well, bones, along with every other
facet of the anatomy. It represents trusted
professionals in the various fields of medicine and
over the years has made some positive contributions
to health policy in Australia.
However, like a GP trying to fly a jumbo, the AMA
should stick to what it’s good at. This week the industry
body released a policy statement, arguing that if we
don’t tighten our gun laws and remain vigilant, “... we
will head down the US path”.
Unfortunately, it seems the AMA isn’t too sure at
which windmill they’re actually tilting. They start
by acknowledging that in the “... 21 years since Port
Arthur, gun deaths in Australia have halved, thanks
to the National Firearms Agreement”. There is an argument to be made for restricting
True. The initiatives taken by the Howard Govern- or curtailing the proliferation of high-powered, high
ment to tighten gun ownership regulations have had an ammunition capacity, rapid loading or semi-auto-
undeniable impact on our society. There has not been a matic weapons. In the ’90s, it was the widespread legal
mass murder by a single gunman in this country since ownership among weekend shooters of cheap, military
1996. They go on to claim that “if guns are not known to style, high-calibre, semi-automatic weapons, like the
the authorities they are at a much greater risk of being Chinese and Eastern European versions of the 7.62mm
misused”. Apart from ‘paging Doctor Obvious’ the AMA SKK and SKS, that led to these types of weapons being
believes that a national register of legally held firearms, used in horrific acts of violence like the Strathfield Plaza
either over-and-above or as a replacement for the current massacre and, of course, Port Arthur.
state government registers, is the necessary step forward. More recently, debate has ensued regarding the
importation of the Adler lever-action shotgun, which
The simple fact is our gun laws are working really just came down to the rapid reload rate of a lever-
action gun matched with a high magazine capacity. The
as far as regulating who can have legal Adler isn’t the only lever-action weapon on the market,
access to legal firearms. They have done however it is the only lever-action .12-gauge that can hold
since Prime Minister Howard oversaw their seven shells in the magazine and another up the pipe.
implementation in 1996, resulting in fewer Since the debate started, a compromise has been
reached on the magazine size, along with State-by-State
gun deaths from registered firearms. restrictions on who can own the weapon, which has
So current state gun registries aren’t catching illegal allowed its importation.
firearm owners, therefore we need a national registry, The simple fact is our gun laws are working as far as
because obviously willful owners of illegal firearms will be regulating who can have legal access to legal firearms.
immediately swayed by the kangaroo-and-emu-adorned They have done since Prime Minister Howard oversaw
federal crest on the front cover of the new legislation their implementation in 1996, resulting in fewer gun
and throw up their arms, ‘I surrender’. Pardon? deaths from registered firearms.
In the AMA’s own statement, it’s illegal firearms that The AMA is right in that we cannot afford to see our
are responsible for the vast majority of gun violence. gun laws watered down. However, claiming we need
Therefore the answer is to further tighten gun regula- to have tighter gun ownership regulation in order to
tions for those abiding by the current laws? combat illegal ownership of firearms is, at best, a poorly
As the national president of the Sport Shooting conceived policy pie that needed a little more time
Association of Australia Geoff Jones alluded to in his in the oven.
response to the AMA’s initiative, surely the focus should Brad Emery is a freelance writer and former Howard
be on encouraging greater funding and resources for Government staff member.
law enforcement specialists attempting to combat
illegal gun ownership, rather than new laws to find Emery, B (5 January 2017). The AMA Has A Poor Aim On Gun Laws.
guns that are already registered. Retrieved from www.huffingtonpost.com.au on 28 February 2017.

Issues in Society | Volume 428 Gun Control 45


THE ARGUMENTS THAT CARRIED
AUSTRALIA’S 1996 GUN LAW REFORMS
Simon Chapman distills the main arguments which led to key reforms which
are largely sustained by Australia’s continued stance on gun control

F
ormer Prime Minister John Howard and all Aus- prohibited guns they handed in.
tralia’s States and Territories united to introduce 3. The registration of all firearms as part of an
sweeping gun law reforms just 12 days after the integrated shooter licensing scheme, maintained
then world’s worst civilian firearm massacre. When through the computerised National Exchange of
they did so, they acted on a platform of policy reforms Police Information.
that had nearly all been advocated for many years by 4. Shooter licensing based on a requirement to prove
gun control advocates. a “genuine reason” for owning a firearm. Genuine
The Port Arthur massacre was the 13th in Australia reason could include occupational uses such as
in 18 years where five or more victims (not including stock and vermin control on farms; demonstrated
the perpetrator) had died. In the 20 years since there membership of an authorised target shooting
have been none. club; or hunting when the applicant could provide
John Howard had only been in office for 57 days permission from a rural landowner. Significantly, the
when, on the day after the massacre, he declared his agreement explicitly ruled out “personal protection”
intention to push through the reforms. The reforms or self-defence as a genuine reason to own a gun.
were announced by a national meeting of unanimous 5. A licensing scheme based on five categories of
police ministers on May 10. firearms, minimum age of 18, and criteria for a “fit
The police ministers did not have to call for any special and proper person”. These criteria would include
filibustering inquiry or glacial expert report on what compulsory cancellation or refusal of licences to
needed to be done. For years, advocates for gun control people who have been convicted for violence or
both in Australia and internationally had made sure that subject to a domestic violence restraining order
whenever gun violence was news and questions were within the past five years.
being asked about what needed to be done in response, 6. New licence applicants would need to undertake an
a set of policy reforms were repeatedly rolled out. accredited training course in gun safety.
7. As well as a licence to own firearms, a separate
These were well captured in the main reforms: permit would be required for each purchase of
1. A ban on the importation, ownership, sale, resale, a gun. Permit applications would be subject to
transfer, possession, manufacture or use of: a 28-day waiting period to allow the licensee’s
•• All self-loading centre-fire rifles, whether military- genuine reason to be checked.
style or not 8. Uniform and strict gun storage requirements,
•• All self-loading and pump-action shotguns backed with heavy penalties.
•• All self-loading rim-fire rifles. 9. Firearm sales could be conducted only by or
2. A compensatory “buyback” scheme funded through through licensed firearms dealers, thus ending
a temporary increase in the Medicare levy, whereby private and mail-order gun sales. Detailed records
gun owners would be paid the market value of any of all sales would have to be provided to police.
10. The sale of ammunition would be allowed only
for firearms for which the purchaser was licensed
and limits would be placed on the quantity of
ammunition that may be purchased in a given period.

In the years before the historic reforms, and in the


months after their announcement when the gun lobby
tried but failed to push back, we relentlessly used these
arguments:

Semi-automatic weapons are frightening


killing machines
Front and centre of the reforms was the outlawing
of citizen access to semi-automatic rifles and pump-
action shotguns. Fully automatic weapons had long
been banned in Australia.
When someone plans to as kill many people as quickly
as possible, today they tend to use bombs. But they

46 Gun Control Issues in Society | Volume 428


certainly don’t choose a broken bottle, a baseball bat, By this admission, there were 1,800 people we needed
a knife or a machete, means often raised by outraged to be very worried about. They also invoked sentimental
shooters. They also don’t choose a single shot or bolt narratives about soon-to-be-banned firearms that had
action rifle. They prefer to carry a semi-automatic firearm been in their families for generations, painting Howard
that allows rapid firing, fitted with a large magazine and his lot as being the equivalent of heirloom vandals.
capacity, to minimise opportunities for them to be shot We sought to counter these arguments by pointing
or overpowered during reloading. to the understanding that every reasonable person
Australians were revolted by the idea that military- has over other “treat with suspicion” actions where
style weapons could be easily obtained by malevolent authorities regard us all as potential offenders in the
people. A referendum question added to the ballot effort to reduce danger.
paper at the 1995 local government election in North We argued by analogy that we were not offended
Sydney before Port Arthur tellingly saw 93.1% vote in by being assumed to be a potential terrorist by having
favour of gun law reform. to go through airport security, a drink-driver by being
pulled over for random breath testing, or a thief at bag
‘Guns don’t kill people, (bad and mad) people inspection at supermarkets.
kill people’ … oh really?
The seductive simplicity of the National Rifle Assoc- More guns make communities safer
iation mantra got a good workout in Australia. It carried through deterrence
the subtext that gun control should be only about This argument was typically accompanied by valorous
identifying and controlling people who anyone with gun lobby anecdotes about men who had protected
commonsense would know was likely to be a problem. their families from murderous and violent intruders in
The task should be one for doctors, police and social home invasions. If far more people were armed, these
workers who should do their job and identify and miscreants would think twice, apparently.
report all those likely to shoot people. Easy as that. This argument was easily sent packing by remind-
But all of these frontline groups were united in ing everyone of the daily gun carnage reports in the
pointing out that most people who committed gun news about US gun violence: a nation which is the
violence had no criminal or psychiatric record. Most apotheosis of an armed society. As Sam Kekovich
were hitherto “law abiding shooters” until they shot or might have said, “You know it makes sense”.
threatened people. Even Martin Bryant, the Port Arthur
killer, was known in Hobart to be just very “strange”. Frothing gun advocates
We also pointed out that guns were ultra-lethal. The Coalition for Gun Control had spokespeople
There was simply no comparing the carnage of a from domestic violence prevention, health, medi-
person running amok with a semi-automatic gun and cine, psychiatry, law, the church and most importantly,
another with a knife. the loved ones of those who had been shot.
We were often asked by journalists about who they
Gun registration
should speak to on “the other side”. There was quite a
Selling the virtues of “registration” was always going to
selection to choose from, with Queensland providing
be hard work. But on we plugged. Most people associated
the best talent. The frothing Ian McNiven who infa-
the word in those days with dull bureaucracy and a dreary
mously said “The only currency that you can purchase
hour at the motor registry that they would never get back.
freedom back with is blood” and gun dealer Ron Owen
One day during a TV interview in 1995, we said as we
who called for an end to the “homosexual Gestapo”
always did “We register cars. We register boats”. But this
responsible for the new laws were hard to go past.
time we added “We even register dogs. So what’s the
These and other regular ambassadors for opposing
problem in registering guns?” It was the perfect sound
the new laws were immensely effective in galvanising
bite. The next day a senior police official repeated the
public and political opinion even more strongly in
very same line on national television. From that point
support of the laws.
on, the air seemed to go right out of the gun lobby’s
Australia today is the envy of many nations strugg-
tyres on that one.
ling with out-of-control gun violence. John Howard’s
An insult to law-abiding citizens? leadership was nothing but magnificent.
Gun lobbyists often went apoplectic at the implication
Simon Chapman is Emeritus Professor in Public Health,
that they should ever be considered a danger to the
University of Sydney.
community. Most of course would not. It was always a
tiny number of dangerous “others” (criminals and the
deranged) who were the problem (see above).
In an issue of the gun magazine Australian Gun Sports, Chapman, S (27 April 2016). The arguments that carried
a statement signed by John Tingle and 11 other gun Australia’s 1996 gun law reforms. Retrieved from
lobbyists said: https://theconversation.com on 22 February 2017.
There are almost 1.8 million licensed firearm owners
in Australia … and 99.9% of them never broke the law.

Issues in Society | Volume 428 Gun Control 47


Creeping firearm ownership regulations
remain problematic for farmers
A ‘FARM ONLINE’ OPINION PIECE BY SENATOR DAVID LEYONHJELM
to about 70 metres, is absurd when 303 rifles from the
First World War are available with 10-round magazines
and lethal to more than 500 metres.
Or that other shotguns, including straight-pull
actions with up to five round magazines, are to remain
in Category A. Or that pistols, for those licensed to
own them, are allowed with 10-round magazines.
Moreover, lever-action firearms are never used in
crime. They are old technology, clunky to use and
virtually useless if sawn off. A shotgun of the type used
in the Olympic Games, when sawn off, is far more
attractive to criminals.
In truth, not many sporting shooters are all that
interested in lever-action shotguns. There is far more
interest in lever-action rifles – the trusty 30-30 being a
favourite for shooting pigs.

L
AST week the Council of Australian Governments Some farmers would find them useful though;
(COAG) decided to make the National Firearms eliminating a mob of pigs in a paddock of lambing
Agreement more stringent by placing lever-action ewes would be far easier with a seven-shot Adler, for
shotguns of more than five rounds into Category D, example. Pinpoint accuracy, necessary with a rifle, is
while lever-action shotguns of up to five rounds will be not as crucial with a shotgun and a mob of pigs can be
placed in Category B. big enough to require multiple shots.
For most of Australia’s 800,000 licensed firearm It will still be possible to convert a five-shot Adler
owners, Category D firearms are simply unavailable. into seven or more, simply by fitting a longer maga-
Category D is restricted to professional shooters, of zine tube under the barrel, but whether that remains
which there are only a few hundred in the entire country. legal is unclear. It is also unclear what will happen to
Moreover, those holding a Category D licence have the lever-action shotguns already in use which have
access to semi-automatic firearms and no interest in magazines that hold more than five rounds.
lever actions. This means there will be no demand for Unless there is a buyback, all those political terror-
lever-action shotguns of more than five rounds. For the ists planning to cause mayhem with a lever-action
rest of us, shotguns are currently in Category A and shotgun (which is presumably what we are supposed
available to most licensed shooters, while Category B to fear) may still be able to get their hands on them.
covers centrefire rifles. What the COAG decision signifies is that creeping
Once the COAG decision is enacted into State law, regulation of firearm ownership remains a problem, for
lever-action shotguns will join them in Category B. If farmers as well as hunters and sporting shooters.
you think this is a bit weird, that’s because it is. The Firearms Section in the Attorney General’s
It all began when the Adler seven-shot shotgun was Department has had an agenda of incremental restric-
portrayed as a ‘rapid fire’ firearm. When then Prime tions on firearms for over a decade, with semi-automatic
Minister Tony Abbott was looking for a terrorist pistols, pump-action rifles, lever-action shotguns and
announcement each week, Justice Minister Michael lever-action rifles on its list. Their objective is the
Keenan came up with the Adler. Just imagine if a ultimate disarming of law-abiding Australians, of
terrorist got hold of one, he said. preventing them from enjoying their sporting, hunting
To ignorant politicians, media and commentators, not and collecting activities, towards the end envisaged by
even that amount of justification was required. While John Howard in 1996 in which only the police, military
most wouldn’t know a lever-action shotgun from a and security guards have guns.
pump-action water pistol, any action short of a complete That’s not an outcome we should welcome and fear,
ban (unless belonging to a government official) equates imaginary threats and ignorance are not a basis for
to taking Australia down the American path. And of sound government.
course everyone is an expert on America because what David Leyonhjelm is a senator for the Liberal Democrats.
happens on television and in the movies is real, right?
If evidence or reason were relevant, it would be Leyonhelm, D (15 December 2016). ‘Creeping firearm ownership
immediately apparent that a five-round restriction on regulations remain problematic for farmers’, Farm Online.
the magazines of shotguns, which are only dangerous Retrieved from www.farmonline.com.au on 28 February 2017.

48 Gun Control Issues in Society | Volume 428


TARGETING HANDGUN COMPETITORS
An opinion piece from the Sporting Shooters’ Association of Australia

H
andguns have been tightly regulated in Aust- loading, Practical Shooting and Single Action, disciplines
ralia since World War I – long before the 1996 also include handgun matches, along with the SSAA-
National Firearms Agreement, subsequent affiliated discipline of International Practical Shooting
National Handgun Control Agreement in 2002 and Confederation (IPSC). The latter of the disciplines has
further regulations deriving from the 2006 December reported major issues with the legislation. SSAA IPSC
Council of Australian Governments (COAG) meeting. National Discipline Coordinator Greg Moon said res-
The 2002 handgun-specific resolutions resulted trictions on calibres specifically have “effectively halted
in no fewer than 28 controls affecting the legitimate all international IPSC competitions in Australia”.
sporting shooter, while the 2006 COAG rulings restri- IPSC competitors can only use 9mm handguns up
cted new handgun club members to an initial purchase to .38 calibres in most States, with a rare exception
of a small-calibre target pistol. Today, Australia’s keen allowing up to .45-calibre in Victoria. Calibres up to
pistol shooters still feel the tentacles of governments .45 are allowed in every other nation that shoots IPSC
closing in on our long-held legally owned handguns, events. Greg pointed to the IPSC Level IV Australasian
with everything from calibres to barrel lengths to the Regional Championships, which was destined for
handguns themselves targeted – all in the name of Australia in 2013, but had to relocate to New Zealand
‘public safety’. because the legislation on calibres and even magazine
The SSAA is privy to a seemingly continuous flow of capacities meant international competitors could not
anecdotal stories regarding how regulations across the bring a majority of their handguns into the country.
states negatively affect handgun shooting disciplines. “We ran a match of 700-plus competitors in Rotorua
Most recently, SSAA National learned that the current and had over 1,000 people stay in the place for a week
legislative environment has resulted in deterring inter- and half. The only reason we went there was because
national competitions and international competitors of the legislation in Australia,” he said.
from coming to Australia for some handgun events – a “A similar problem arises when Australians go over-
startling finding for a country that just last year won seas. Our competitors are seriously disadvantaged, as the
two gold and two bronze medals in pistol events at the highest calibre we can use is the .357 SIG. Ammo for this
Commonwealth Games in Glasgow. is not readily available overseas and the cartridges are
The SSAA coordinates three main disciplines fussy.” Greg said despite the challenges, IPSC is “slowly
for competitive handgun shooting: Action Match, making inroads” and governments are starting to listen.
Target Pistol and Handgun Metallic Silhouette. The Another Australian event affected by the legislation
Combined Services, Long Range Precision, Muzzle- was the Arafura Games, a multi-sport competition that

Issues in Society | Volume 428 Gun Control 49


was held every two years in Darwin from 1991 until its competing in the mid-1990s, and the number of junior
cancellation in 2013. The games saw developing athletes participants is worryingly low.
of all abilities across the Asia Pacific region gather to Another SSAA international discipline affected by
compete in events, including clay target IPSC pistol and current regulations is Target Pistol. This sees competi-
ISSF pistol. Competitor numbers dwindled, however, tors shoot at a three-gun 3 x 90-shot event, with a total
due to the restrictions placed on the pistols used. score out of 2,700 using any .22, any centrefire and any .45
pistol. SSAA Target Pistol National Discipline Chairman
“Currently, we cannot run any .45 events, as Greg Riemer said that although he doesn’t attribute
they are still restricted in most States. This the current regulations to having any adverse affects
on the sport, issues have certainly arisen surrounding
causes us a huge problem, in that we have .45-calibre pistols, mirroring the IPSC’s concerns.
to choose a national team from competition “Currently, we cannot run any .45 events, as they are
with only two of the guns, and then go still restricted in most States,” said Greg. “This causes
overseas and shoot the three guns.” us a huge problem, in that we have to choose a national
team from competition with only two of the guns, and
On a grassroots level, the SSAA handgun disciplines then go overseas and shoot the three guns.” Greg said
are also feeling the ramifications of restrictive govern- no overseas competitors have participated in the SSAA
ment policies. International Action Match champion National event so far, but if they did and it was held
and SSAA member Richard Siebert raised two issues outside of Victoria, they “would be taken aback”.
currently affecting this fast-paced discipline: costs and “Because you can also use the .45 in the Any Centrefire
magazine capacity. “Action Pistol went from a four 900 match, most people spend their money on a really
to eight magazine requirement in the last buy-backs, accurate hand-built .45, and use it for both matches,” he
which meant we had to spend $500-plus modifying explained. “We won’t have a competitive National team
our guns to meet this,” he said. until we can shoot all three guns in a majority of States.
This change also affected the attractiveness of Victoria is luckily one of the places we can, and they
Australia for international competitors, who are all- have the Nationals next year, and we will be shooting a
owed to have a variety of magazine capacities in their 2700 [match].” Greg’s goal is to get approval for the use
home countries. “International competitors aren’t going of .45s in all States. “Slowly, we are making headway ...
to spend $1,000-plus on their guns to go and shoot in If we were all allowed to have .45 wad guns for Target
Australia,” Richard said. “The legislation in that sense Pistol, we would be happy,” he said.
discourages international shooters coming to Australia Handgun Metallic Silhouette shooters are also thank-
to compete.” fully less affected, with this discipline one of only two
Richard also pointed to the last buy-backs in 2003, competitions in Australia allowing calibres greater
which took many entry-level pistols out of the picture. than .38. SSAA Handgun Metallic Silhouette National
“New shooters couldn’t get a secondhand pistol because Discipline Chairman Russell Mowles said there “are a
the buy-backs took all theentry-level handguns out of couple of issues with .45-calibre pistols”, but most of the
the system, making it cost-prohibitive,” he said. pistols used in the discipline are all available. “Calibre
He estimates the number of participants shooting wise, the calibres that we use are all available,” he said.
Action Match in Australia has halved since he began SSAA National Chief Executive Officer Tim Bannister
said competitive handgun disciplines have and will
remain an integral part of the SSAA. “As the Greens
finish another attack on handguns with their recent
Senate inquiry – another thinly-veiled attempt to
ban handguns – there is no doubt that any attack on
legitimate sporting shooters will remain a key priority
for the SSAA,” he said.
“We will continue to publish our popular Australian
& New Zealand Handgun magazine and promote the
many benefits of shooting to ensure our sport is not
tainted by politicians who would like to see it shut
down for no greater good.
“We will also continue our tireless work with the
SSAA State and Territory branches and the National
Discipline Chairmen to resolve the issue of higher calibre
restrictions.”

Sporting Shooters’ Association of Australia (5 February


2015). Targeting handgun competitors. Retrieved
from https://ssaa.org.au on 28 February 2017.

50 Gun Control Issues in Society | Volume 428


EXPLORING
ISSUES

WORKSHEETS AND ACTIVITIES


The Exploring Issues section comprises a range of ready-to-use worksheets
featuring activities which relate to facts and views raised in this book.
The exercises presented in these worksheets are suitable for use by students
at middle secondary school level and beyond. Some of the activities may be
explored either individually or as a group.
As the information in this book is compiled from a number of different sources,
readers are prompted to consider the origin of the text and to critically evaluate
the questions presented.
Is the information cited from a primary or secondary source? Are you being
presented with facts or opinions?
Is there any evidence of a particular bias or agenda? What are your own views
after having explored the issues?

CONTENTS
BRAINSTORM 52
WRITTEN ACTIVITIES 53
DISCUSSION ACTIVITIES 54
MULTIPLE CHOICE 55

Issues in Society | Volume 428 Gun Control 51


BRAINSTORM

Brainstorm, individually or as a group, to find out what you know about gun control.

1. What is a gun amnesty, and why are they used?

2. What makes a firearm ‘illegal’? (Provide examples)

3. What is a Category A firearm licence, and who can get one?

4. What is a 3D printed gun, and are they legal in Australia?

52 Gun Control Issues in Society | Volume 428


WRITTEN ACTIVITIES

Complete the following activity on a separate sheet of paper if more space is required.

“Australia’s gun laws are being watered down due to political pressure, with no State or
Territory currently fully compliant with the National Firearms Agreement.” Prof. Philip Alpers
In the spaces below explain the ways in which the firearms laws in each State and Territory currently do
not currently comply with the National Firearms Agreement.

QUEENSLAND

WESTERN AUSTRALIA


NEW SOUTH WALES


SOUTH AUSTRALIA


NORTHERN TERRITORY


VICTORIA


NEW SOUTH WALES



TASMANIA

Issues in Society | Volume 428 Gun Control 53


DISCUSSION ACTIVITIES

Complete the following activity on a separate sheet of paper if more space is required.

“Restricting access to firearms reduces the risk of impulsive purchase and use of guns, and
their use in intentional acts of violence, including suicide.” AMA President, Dr Michael Gannon

Consider the above statement. Form into groups of three or more people to debate the pros and cons
of less regulated gun ownership versus the current firearm laws in Australia. Using the space provided
below compile a list of your arguments for (pros) and against (cons) gun control in Australia. Ensure you
include examples and statistics in your answers. Debate your ideas with other groups in the class.

PROS

CONS

54 Gun Control Issues in Society | Volume 428


MULTIPLE CHOICE

Complete the following multiple choice questionnaire by circling or matching your preferred responses.
The answers are at the end of the following page.

1. In what year did Australian Prime Minister John Howard introduce sweeping gun law reforms?
a. 1906
b. 1976
c. 1986
d. 1996
e. 2006
f. 2016

2. What type of weapon is the ‘controversial’ Adler A110?


a. Fully automatic weapon
b. Revolver
c. Single shot lever-action shotgun
d. Semi-automatic
e. Multi-shot lever-action shotgun
f. Pump-action shotgun

3. In what year did Martin Bryant kill 35 people at Port Arthur in Tasmania?
a. 1906
b. 1976
c. 1986
d. 1996
e. 2006
f. 2016

4. Shooter licensing is based on a requirement to prove a ‘genuine reason’ for owning a firearm.
Which of the following are considered ‘genuine’ reasons for owning a firearm? Select any that apply)
a. Membership of a target shooting club
b. Personal protection
c. Stock control on farms
d. Member of gun enthusiasts group
e. Self-defence
f. Hunting
g. Just for fun

5. Which of the following weapons – popular with mass killers in the United States and used at both the
Port Arthur and Orlando (USA) massacres – is no longer able to be purchased legally in Australia?
a. A110 shotgun
b. 30-30 lever-action rifle
c. .45-calibre pistol
d. M2 machine gun
e. AR15 semi-automatic rifle
f. .22 air rifle

Issues in Society | Volume 428 Gun Control 55


MULTIPLE CHOICE

6. Respond to the following statements by circling either ‘True’ or ‘False’:


a. About 80% of gun deaths in Australia have nothing to do with crime as they are either True / False
suicides or unintentional shootings.

b. The weapon used in the Lindt Cafe siege in Sydney was a registered weapon. True / False

c. The use and attachment of bump fire stocks, like that used in the 2017 Las Vegas shooting, True / False
is restricted across all Australian States and Territories.

d. In the 18 years between 1979 and April 1996, Australia saw 13 massacres where 104 True / False
victims died.

e. Despite the National Firearms Agreement requirement that all applicants for a licence be at True / False
least 18 years of age, every State and Territory allows minors to possess and use firearms.

f. The chances of being killed by gunshot in Australia are approximately as high as that True / False
of the United States.

g. The million guns destroyed after the 1996 Port Arthur massacre have been replaced with True / False
more than a million new ones.

MULTIPLE CHOICE ANSWERS


approximately one tenth of the US rate), g = T.
ever legally entering the country), c = T, d = T, e = T, f = F (The chances of being killed by gunshot in Australia are very low –
1 = d ; 2 = e ; 3 = d ; 4 = a, c, f ; 5 = e ; 6 – a = T, b = F (There was no record of the sawn-off shotgun used in the Lindt Cafe siege

56 Gun Control Issues in Society | Volume 428


FAST FACTS
hh In 1996, Australian federal, State and Territory govern- the story (ABC News, Fact check: Have firearm homicides
ments united to reform our firearm laws. The main and suicides dropped since Port Arthur as a result of John
provisions of the new laws included: a ban on semi-auto- Howard’s reforms?). (p.20)
matic rifles and pump-action shotguns, with a market hh The (1996) buyback of semi-automatics initially removed
price buy-back of all now-banned guns; uniform gun 640,000 guns from circulation, rising to more than a
registration; end of “self-defence” as an acceptable reason million with subsequent State, Territory and national
to own a gun; end of mail order gun sales (Chapman, S, No gun amnesties (Peters, R and Cunneen, C, Australia’s gun
massacres and an accelerating decline in overall gun deaths: laws save lives – but are we now going backwards?). (p.24)
the impact of Australia’s major 1996 gun law reforms). (p.1) hh Although Australia hasn’t seen a public mass shooting
hh In February 2017, the Law, Crime and Community since 1996, we have no shortage of firearm-related
Safety Council agreed to an updated National Firearms crime. Gun owners who know each other well – be
Agreement. The updated agreement amalgamates the they family members or gang members – have always
1996 National Firearms Agreement and 2002 National been the ones to kill each other most frequently. Then
Handgun Agreement into a single point of reference there’s the killer already in the room. About 80% of
for firearms regulation in Australia (Attorney-General’s gun deaths in Australia have nothing to do with crime.
Department, National Firearms Agreement). (p.3) Instead, they’re suicides and unintentional shootings
hh Four consecutive formal reports have now found that no (Alpers, P, Australia’s gun numbers climb: men who own
Australian State or Territory has at any stage fully com- several buy more than ever before). (p.25)
plied with the 1996 or 2002 firearm resolutions which hh The million guns destroyed after Port Arthur have been
collectively formed the National Firearms Agreement replaced with 1,026,000 new ones. And the surge only
(Alpers, P and Rossetti, A, Firearm Legislation in Australia shows upward momentum (ibid). (p.25)
21 years after the National Firearms Agreement). (p.10) hh After a lengthy deadlock in which the federal govern-
hh Attempts to undermine and circumvent the provisions ment banned imports of the seven-shot Adler lever-
of the National Firearms Agreement are persistent, and action shotgun gun until a classification could be agreed
have often been successful (ibid). (p.12) on, State and Territory leaders agreed to assign the
hh To legally own a firearm in Australia, you must have shotgun a Category D classification (the most restricted
a licence. Since 1996, all firearms must be registered. category), paving the way for imports to resume. It
Unregistered firearms are illegal. Anyone who poss- means the Federal Government’s import ban on the
esses a firearm without holding a licence, or without seven-round Adler is lifted, however only professional
the appropriate category of licence for that firearm, is in shooters will be allowed to own one (Postscript: States
illegal possession (McPhedran, S, A national amnesty will agree to tough Adler shotgun classification). (p.28)
not rid Australia of violent gun crime). (pp. 13-14) hh The Australian Criminal Intelligence Commission est-
hh Australia’s National Firearms Amnesty ran from July to imates that there are more than 250,000 long-arms
September 2017 to improve public safety by reducing the and 10,000 handguns in the illicit market (Australian
number of unregistered firearms in our community. As a Criminal Intelligence Commission, Enhancing the
result, there are now 50,000 fewer firearms on the streets national picture of illicit firearms). (p.29)
(Over 50,000 firearms handed in during national amnesty, hh Firearms and organised crime are inextricably linked,
Australian Government). (p.13) with strategies needed to address both the illicit sup-
hh Compliance with firearms legislation requires co-op- ply chain for firearms and the underlying activities
eration between lawmakers, police, gun dealers, and of organised crime groups. Criminals use firearms to
those with a legitimate interest in using firearms … protect their illicit interests, such as drugs, or commit
For co-operation to continue, discussion of firearms acts of violence and intimidation (ibid). (p.29)
legislation, implementation and compliance must hh 3D printed guns currently occupy a grey area in terms
refrain from extreme views at either end of the spectrum of their legality in many jurisdictions around Australia.
(Fay-Ramirez, S and Belgrove, Oversimplifying gun control (Matthews, R, The legal minefield of 3D printed guns). (p.34)
issues can pose a real threat to community safety). (p.17) hh In 2012 there were about 2,750,000 registered firearms
hh The impact of John Howard’s 1996 reforms on the and 730,000 licensed firearm owners in Australia
declines in homicide and suicide is debatable. Some (Australian Medical Association Limited, Gun laws
research argues the reforms did not significantly influ- should be tougher, not weakened in any way). (p.44)
ence firearm homicide rates or already falling rates hh In 2014, 253 people died from gunshots, of which 185
of firearm suicide. Other research argues the reforms were determined to be suicide. About 1,500 firearms are
accelerated the rates of decline, with one study suggest- reported stolen each year (ibid). (p.44)
ing firearm suicides dropped by 74% from the 1990-95 hh The Port Arthur massacre was the 13th in Australia in
average following the buyback scheme. Studies on the 18 years where five or more victims (not including the
impacts of the reforms have come to varied conclusions perpetrator) had died. In the 20 years since there have
and experts say other factors would have influenced the been none (Chapman, S, The arguments that carried
drops, even though the reforms are likely to form part of Australia’s 1996 gun law reforms). (p.46)

Issues in Society | Volume 428 Gun Control 57


GLOSSARY
Action, automatic ion. The illicit movement, trafficking and use of firearms
Firearm that loads then fires and ejects cartridges as is a serious national threat and a significant community
long as the trigger is depressed and there are cartridges safety concern. The demand for and supply of illicit fire-
available in the feeding system (i.e. magazine or other arms in Australia is driven by a range of entities, from
such mechanism). organised crime groups to low-level individual criminals.
Action, lever National Firearms Agreement
Firearm, typically a rifle, that is loaded, cocked and unloaded In response to the 1996 Port Arthur massacre, the Howard
by an external lever usually located below the receiver. government brokered a National Firearms Agreement with
the States and Territories. In February 2017, an updated
Action, pump/slide National Firearms Agreement was agreed to, in the process
Firearm that features a moveable forearm that is manually
amalgamating the 1996 National Firearms Agreement and
actuated to chamber a round, eject the casing and put
2002 National Handgun Agreement into a single point of
another round in position to fire.
reference for firearms regulation in Australia.
Action, self-loading National Firearms Amnesty
Firearm in which each pull of the trigger results in a
Australia’s national amnesty ran for 3 months from July to
complete firing cycle, from discharge to reloading. It is
September in 2017, to improve public safety by reducing
necessary that the trigger be released and pulled for each
the number of unregistered firearms and firearm-related
cycle. These firearms are also called ‘self-loaders’ or ‘semi-
articles in the community; over 50,000 firearms were
automatics’. The discharge and chambering of a round is
handed in. Although the amnesty has ended, the govern-
either recoil-operated or gas-operated.
ment is encouraging people who still have an unregistered
Automatic weapon firearm, or who come into possession of an unregistered
Weapon which fires rounds continuously as long as the trig- firearm, to contact their local police station or firearm
ger is depressed and ammunition remains in the magazine registry.
or belt e.g. machine guns, assault rifles. A semi-automatic,
Pistol
or self-loading firearm, is one that not only fires a bullet
Term for a hand-held firearm with a single chamber. A
each time the trigger is pulled, but also performs all steps
revolver has at least five chambers.
necessary to prepare it to discharge again – assuming car-
tridges remain in the firearm’s feed device. Pump-action
Rifle or shotgun which uses a manual pump mechanism
Firearm under the barrel of the weapon to chamber another round
Weapon, especially a portable gun or pistol, from which
into the breech ready for firing. Pump-action rifles are
a projectile can be discharged by an explosion caused by
classed as repeating weapons, in the same licence category
igniting gunpowder, etc.
as bolt-action or lever-action rifles.
Gun control Repeating action
Gun control (also referred to as firearms regulation) is the
Weapon which uses a manual bolt, lever or pump action
set of laws or policies that regulate the manufacture, sale,
to chamber another round into the breech ready for firing.
transfer, possession, modification, or use of firearms by
civilians. Most countries have a restrictive firearm guiding Revolver
policy, with only a few legislations being categorised as Firearm with a cylinder having several chambers arranged
permissive. to rotate around an axis and be discharged successively by
the same firing mechanism. A self-loading pistol is not a
Gun lobby revolver because it does not have a revolving cylinder.
A group of people who argue for the right of members of
the public to be able to own guns. Rifle
Firearm having spiral grooves in the bore and designed to
Gun-related violence be fired from the shoulder.
Violence committed with the use of a gun. Gun-related
violence may or may not be considered criminal. Criminal, Shotgun
includes homicide (except when and where ruled justif- Smoothbore shoulder firearm designed to fire shells con-
iable), assault with a deadly weapon, and suicide, or at- taining many pellets or a single slug.
tempted suicide, depending on jurisdiction. Small arm
Illicit firearms Firearm capable of being carried by a person and fired with-
A licence is legally required to own a firearm in Australia. out additional mechanical support.
Since 1996, all firearms must be registered. Unregistered Weapon
firearms are illegal. Anyone who possesses a firearm Instrument used in combat. The term is never used when
without holding a licence, or without the appropriate referring to sporting firearms.
category of licence for that firearm, is in illegal possess-

58 Gun Control Issues in Society | Volume 428


WEB LINKS

Websites with further information on the topic


Australian Criminal Intelligence Commission www.acic.gov.au
Combined Firearms Council www.firearmscouncil.org.au
Gun Control Australia www.facebook.com/Gun-Control-Australia-692563310760109/
Gun Policy.org (Sydney University) www.gunpolicy.org
Shooters Union Australia https://shootersunion.com.au
Sporting Shooters’ Association of Australia https://ssaa.org.au
The Conversation https://theconversation.com/au

ACKNOWLEDGEMENTS
The publisher is grateful to all the contributors to this book for granting permission to reproduce their works.

COPYRIGHT DISCLAIMER
While every care has been taken to trace and acknowledge copyright the publisher tenders its apology for any
accidental infringements or where copyright has proved untraceable. The publisher would be pleased to come to
a suitable arrangement with the rightful owner.

ILLUSTRATIONS AND PHOTOGRAPHS


Photographs and illustrations courtesy of iStock, expect page 30 infographic © Australian Crime Intelligence Commission.

THANK YOU
hh Dr Samara McPhedran
hh Senator David Leyonhjelm
hh Professor Simon Chapman
hh Associate Professor Philip Alpers.

DISCLAIMER
The Spinney Press is an independent educational publisher and has no political affiliations or vested interests with any persons or organisations whose
information appears in the Issues in Society series. The Spinney Press seeks at all times to present variety and balance in the opinions expressed in
its publications. Any views quoted in this book are not necessarily those of the publisher or its staff.
Advice in this publication is of a general nature and is not a substitute for independent professional advice. Information contained in this publication
is for educational purposes only and is not intended as specific legal advice or to be used to diagnose, treat, cure or prevent any disease. Further,
the accuracy, currency and completeness of the information available in this publication cannot be guaranteed. The Spinney Press, its affiliates and
their respective servants and agents do not accept any liability for any injury, loss or damage incurred by use of or reliance on the information made
available via or through its publications, whether arising from negligence or otherwise.

Issues in Society | Volume 428 Gun Control 59


INDEX

A homicides, gun-related 2, 18-22, 24 rifles 4, 5, 17, 23, 24, 25, 32-33, 41,
ammunition 6, 8, 9, 12, 24, 27, 32, 45, 49 hunting 4, 7, 11, 23, 27, 39, 40, 42, 46, 48 46-47, 48
purchase of 9, 11-12 assault 23, 42
L centrefire 5, 46, 48
quantity of 9, 11-12, 46
laws, firearms 1-2, 6, 7, 10-12, 14, 16, lever-action 43, 44, 48
sale of 9, 46
17, 18, 20, 22, 23-24, 25-26, 27-28, pump-action 43, 44, 46, 48
amnesty, firearms 13-15, 17, 19, 23, 24,
35, 36-37, 38-40, 44, 45, 46-47, 48 rimfire 5, 27, 46
29, 44
human rights 41-42 semi-automatic 1-2, 5, 12, 17, 18,
B reforms 1-2, 18, 21, 22, 46-47 23, 41, 46
bump fire stocks 16, 17 legislation, firearms see laws, firearms
buyback, firearms 1, 10, 18-22, 24, 26, licence, firearms 36, 37, 39 S
38, 39, 46, 48, 50 application 23, 24, 44 sales, firearms 1, 3, 9, 12, 23, 28, 33,
genuine reason 3-5, 10, 11, 23, 42, 44, 46
C 26, 27, 44, 46 shooters
clubs, shooting 3, 4, 6, 7, 10-12, 24, 40, refusal 7, 46 professional 4, 28
42, 46, 49 see also shooting self-defence 1, 11, 23, 27, 42, 46 sport 3-4, 6, 7, 8, 43, 48, 49-50
collectors, firearms 3, 4-5, 6-7, 12, 39, categories 3-5, 46 shooting see also clubs, shooting
43, 48 Category A 4-5, 7-8, 11-12, competitive 3, 6, 7, 12, 49-50
cooling off period 11, 12, 44 see also 27-28, 36 sport 3-4, 17, 45
waiting period Category B 4-5, 7-8, 11-12, 28, target 3-4, 27, 39, 42, 46
crime 13-15, 17, 22, 24, 25, 26, 28, 29-31, 36, 48 shootings, mass 1, 10, 16, 17, 25, 39,
38, 39, 42, 48 Category C 3-5, 7-8, 11-12 40, 43, 45 see also massacres
Category D 3-5, 8, 10, 12, 28, Las Vegas, USA 10, 16, 17
D Port Arthur, Tasmania 1, 16, 18, 19,
dealers, firearms 3-9, 12, 16-17, 25-26, 36, 48
Category H 4-9, 12 24, 25, 32, 33, 39, 41, 45, 46, 47
28, 33, 38, 46-47 shotguns 23, 24, 25, 27, 36, 41
deaths, gun-related 1-2, 18-22, 23-24, minors 10-11, 17
occupational 3, 4, 28, 46 Adler 2, 24, 27-28, 33, 40, 43, 44,
25, 38, 44, 45 45, 48
licensing, firearms 3-6, 14, 39, 46 see
F also licence, firearms lever-action 5, 27, 28, 43, 45, 48
farming 17, 39, 42, 46, 48 see also long arms 3-4, 18, 29, 32, 41 pump-action 1, 3, 5, 46
primary production sawn-off 14, 42, 48
firearms 1-2, 3-9, 10, 13-15, 18-22, 23-24, M semi-automatic 3, 5, 24
25-26, 27-28, 29-31, 32-33, 34-35, mail order 1, 9, 12, 46 silencers 11, 16, 40
37, 38-40, 43, 44, 45, 46-47, 48 market storage, firearms 3-9, 10, 17, 26, 39,
3D printed 34-35, 44 black 14, 38 44, 46
grey 26, 29, 31 suicides 1-2, 18-22, 25, 40
categories of see licence, firearms
massacres 1-2, 16, 18, 19, 23, 25,
categories T
32, 33, 39, 41, 45, 46 see also
illegal 13-14, 38, 45 terrorism 13, 14, 43, 48
shootings, mass
illicit 26, 29-31 training, safety 4-6, 11, 12, 17, 39, 46
military 3, 42, 43, 44, 48
importation of 25, 29, 32-33, 40, 43
laws see laws, firearms N V
ownership 25, 43, 48 National Firearms Agreement 3-9, 10-12, violence 13-15, 23, 27, 28, 46, 47
rapid-fire 1, 48 16-17, 18-19, 23, 24, 26, 28, 38, 39, domestic 7, 26, 27, 46
registered 13, 28, 44 43, 45, 48 W
semi-automatic 11, 32, 47, 48 waiting period 5, 8, 12, 24 see also
P
G pistols 10, 11, 12, 23, 26, 32, 38, 43, cooling off period
gun control 48, 49, 50 see also handguns 28-day 5, 8, 11, 12, 28, 46
Australia, in 1-35 primary production 4, 17, 27, 32 see weapons 7, 9, 11, 17, 23-24, 26, 27,
debate 36-50 also farming 32-33, 34, 39, 42, 44, 45
gun lobby 24, 26, 28, 33, 37, 39, 40, 46-47 military-style 1, 23-24, 33, 45, 47
gun ownership 25-26, 36-37, 41, 44, 45 R rapid-fire 1, 24, 25, 33
registration, firearms 1, 3, 5, 10-11, 18, semi-automatic 25, 33, 44, 45,
H 24, 26, 39, 46-47 46-47
handguns 3-9, 10-12, 23, 29, 32, 41, registries, firearms 12, 13, 16, 22, 45
49-50 see also pistols regulations, firearms 3-9, 10, 18, 45, 48
competition 11, 49-50 restraining order 7, 24, 44, 46
heirlooms, firearms 5, 12, 47 revolvers 4, 10-12, 14, 23, 32

60 Gun Control Issues in Society | Volume 428

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