Thread: Mail order firearm loophole??????????

Why not use a serialised, carbon copy form. Cop shop keeps the carbon copy to compare details when seller calls to confirm.

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Originally Posted by stretch

Why not use a serialised, carbon copy form. Cop shop keeps the carbon copy to compare details when seller calls to confirm.

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That is certainly a method that could be used. However, any change to the process or requiring a specific form to be used, would require either an order in council by the Governor General or an Amendment to the legislation. The Police have NOT been granted that power.

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Originally Posted by Koshogi

That is certainly a method that could be used. However, any change to the process or requiring a specific form to be used, would require either an order in council by the Governor General or an Amendment to the legislation. The Police have NOT been granted that power.

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Not sure if you have read the legislation, but it specifically says that the POLXXX whatever form needs to be filled out, what the form contains is up to the police if they change that, it has no guidelines in legislation, so yes they do have that power and it needs to be changed.

Originally Posted by Jexla

Not sure if you have read the legislation, but it specifically says that the POLXXX whatever form needs to be filled out, what the form contains is up to the police if they change that, it has no guidelines in legislation, so yes they do have that power and it needs to be changed.

Not sure which legislation your reading, but it doesn't in the Arms Act 1983.

43A Mail order sale of firearm or ammunition
(1) Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who sells by mail order a firearm or any ammunition for a firearm or restricted weapon otherwise than pursuant to a written order—

(a) signed by the purchaser; and
(b) bearing an endorsement signed by a member of the Police and stating that the member of the Police—
(i) has inspected the purchaser’s firearms licence; and
(ii) is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition.

(2) Nothing in this section applies in relation to—

(a) any pistol, restricted weapon, or military style semi-automatic firearm; or
(b) any ammunition for a firearm to which paragraph (a) or paragraph (b) or paragraph (c) of section 22(1) applies.

You will note in other sections of the Arms Act, its says "on a form provided by a member of police." Example:
23 Application for firearms licence
(1)Any person who is of or over the age of 16 years may apply at an Arms Office to a member of the Police for a firearms licence.
(2)Every application under subsection (1) shall be made on a form provided by a member of the Police.
(3)A person who is the holder of a firearms licence may, before the expiration of that firearms licence, apply for a new firearms licence.

The authority to prescribe a specific form be used, is empowered to the Governor General in Section 74 Part g:
74 Regulations
(1)The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
(g) prescribing forms of applications, permits, licences, endorsements, registers, notices, and other documents required for the purposes of this Act, or authorising the Commissioner to prescribe or approve such forms, and requiring the use of such forms

Originally Posted by Koshogi

Not sure which legislation your reading, but it doesn't in the Arms Act 1983.

43A Mail order sale of firearm or ammunition

That's the form number there, 43A. Just needs to be completed, what's on it is not dictated in legislation.