NSW Govt Unveils Toughest Gun Law Reforms in Decades

NSW Gov

The NSW Government will introduce tough new laws into NSW Parliament to significantly tighten gun laws and reduce the risk of mass violence, following the devastating terrorist attack at Bondi Beach.

The reforms respond directly to lessons from the attack, where the offender brought multiple firearms into a public place, and are designed to limit access to high-risk weapons, strengthen oversight and put community safety first.

If passed these reforms will ensure that NSW has the toughest laws in the country when it comes to firearms.

The new laws will include:

Capping and restricting the number and types of firearms:

  • Imposing a cap of four firearms per individual, with strict exemptions for primary producers and sports shooters, who may hold a maximum of 10 firearms.
  • Reclassifying straight-pull/pump-action and button/lever release firearms into Category C, limiting their access primarily to primary producers.
  • Reducing magazine capacity for Category A and B firearms to a maximum of five to ten rounds, from a current unlimted capacity.
  • Introducing a complete ban on firearms that can use belt-fed magazines.

Strengthening firearms licence checks and accountability:

  • Removing the NSW Civil and Administrative Tribunal (NCAT) review pathway, ensuring we can use sensitive police intelligence without concern that a decision will be overturned by a tribunal, while retaining a rebust internal review process to ensure fairness and accountability.
  • Reducing standard firearms licence terms from five years to two years, increasing the frequency of safety and suitability checks.
  • Restricting firearms licences to Australian citizens only, with a carve out for New Zealand permanent residents engaged in roles such as primary production or security.
  • Replace a current exemption allowing unlicensed shooting at shooting ranges with a robust NSWPF permit system to suitably assess unlicensed individuals before they access firearms.

Strengthening oversight, storage and compliance:

  • Making gun club membership mandatory for all firearms licence holders, with the ability to exempt certain licence holders in the regulations.
  • Requiring all gun clubs to use the GunSafe online platform to improve record-keeping, compliance and traceability of club membership and activities.
  • Making safe storage inspections mandatory prior to the issue of a first permit to acquire a firearm, individuals will now need to meet the safe keeping requirements before obtaining a permit to aquire a firearm.
  • Prevent any permit or licence holder from acquiring a firearm unless the Commissioner is satisfied that they meet safe keeping requirements. Police may conduct an inspection for this purpose.
  • Tightening rules around deceased estates, requiring firearms licence holders to nominate alternative storage arrangements for safe keeping of their firearms in the event of their death when applying for, or renewing, their licence. Police will also be able to seize these firearms, if required.

In addition to new legislation, the Government will move quickly on a range of practical changes, including:

  • Expanding disqualifying offences in the regulations, including personal and domestic violence offences within the Crimes (Domestic and Personal Violence) Act 2007.
  • Increasing the use of criminal intelligence in firearms licensing decisions.
  • A comprehensive audit of existing firearms licences, prioritising higher-risk cases, noting that licence holders will now be subject to scruitinty on reapplication evey two years, instead of five years.

A comprehensive buyback scheme will accompany these changes:

  • These reforms will be paired with a buyback scheme, with further details to be announced before the changes are in force, in line the announcement by the Commonwealth Government.
  • The NSW buyback scheme will be operated and funded in partnership with the Federal Government and AFP, to encourage gun owners to hand back guns that will now no longer be legal, to be destroyed.
  • Existing unregistered firearms are already captured by the permanent national firearms amnesty and should be surrendered through that scheme.

The NSW Government will move to control access to all dangerous weapons - not just guns

  • Consultation will commence around whether further knives or bladed articles should be made prohibited weapons under the Weapons Prohibition Act 1998, as well as how knives are stored in retail settings.

NSW Premier Chris Minns said:

"Gun reform alone will not solve hatred or extremism, but we can't fail to act on restricting access to weapons which could lead to further violence against our citizens.

"We cannot undo what happened in Bondi, but we can act decisively to reduce the risk of this ever happening again.

"These reforms are about one thing: protecting people."

Minister for Police and Counter-terrorism Yasmin Catley said:

"These reforms are about putting the safety of the community above all else.

"Owning a firearm is a privilege, not a right and we are balancing that privilege with the overwhelming need for public safety.

"Our strong legislation reduces risk and increases oversight around firearms ownership with the aim of making this state safer for all."

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