QUEENSLAND
POLICE SERVICE |
|
WEAPONS LICENSING BRANCH
ADMINISTRATION DIVISION
48 Charlotte
Street, BRISBANE 4000
GPO BOX 892, BRISBANE 4001
TELEPHONE (07) 3015 7777 FAX (07) 3015 7788
5 January 2006
Mr Tim Powell
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Dear Mr Powell,
I refer to your written submissions in
response to my advice that the conditions of
your Firearms Licence would be altered
pursuant to section 25 of the Weapons Act
1990 (the Act.
I have considered your submissions and
provide the following detailed responses for
your information,
The issues in relation to the Permit to
Acquire a Remington model 7615P have been
finalised and the firearm registered to your
licence. This firearm
is registered as having a 10 round magazine
and as such is not affected
any
decision to amend your licence conditions.
However at the conclusion to this letter I
will address certain erroneous statements
made by you in relation to that matter.
In relation to your submissions contained in
pages 5 to 14 (points 1 to 25) of your
response dated 30 September 2005 I am able
to advise the following information, your
submission has been summarised and
identified as Si to S25, my response is
identified as Al to R25_
(S1) A Firearms Licence 11938824 was issued
with condition codes RE1 SC1 and SC2 on 13
December 1997.
(R1)
Weapons licences are issued subject to any
conditions the Authorised Officer decides'
including conditions limiting the use or
possession 2 and any other
condition the Authorised Officer considers
appropriate in the particular circumstances.3
The licence when issued is endorsed with any
condition decided by the Authorised Officer4
and is subject to amendment. The Authorised
Officer in deciding licence conditions must
be cognisant of the principles and object of
the Act including that weapon possession and
use are subordinate to the need to ensure
public and individual safety and that public
and individual safety is improved by
imposing strict controls on the possession
of weapons.7
(S2) The licence authorises the possession
of category B rifles.
(R2) Category B rifles are defined under the
Weapons Categories Regulation 1997, at the
time the regulations where formulated
the use of `after market' magazines was not
contemplated. Indeedsome
of the firearms now being encountered, such
as the Remington 7615P pump action
centre-fire had not been developed in 1997.
(S3) On 18 September 2003 a Permit to
Acquire (PTA) was issued for a Vektor H5
pump action rifle .223 calibre magazine
capacity 12 rounds.
(R3) At the time of the issue of the PTA the
Vektor H5 was considered to be a category B
weapon. (S4 to S7) Import Permits (Permits)
where issued for the import of magazines for
the Vektor H5
(R4 to R7) The Permits were issued based on
information supplied by you that they were
for the Vektor H5 rifle. Subsequent
inquiries have revealed that in fact whilst
these magazines may have `fitted' the Vektor
they where not manufactured for that weapon.
This is confirmed by information supplied by
you requesting an import permit for 10 round
magazines designed for the Category D Cugir
pump action centre-fire rifle which `do
fit and function on a Vektor H5 rifle. These
magazines can also fit and function
an(sic) Ak47
semi auto rifle, as can
the fifty (50) and seventy-five (75)
round magazines9...'
Inquiries indicate the standard magazine for
the Vektor H5 is 5 or 12 rounds.
(S8 to S14) Relate to renewal of licences.
(R8 to R14) The issues raised do not add to
the argument for continuation of the current
conditions, they merely provide a historical
record of the renewal process of the
application.
(S15) I perform recreational shooting of
large groups of vermin.
(R15) This is merely hearsay and a self
serving statement which is not supported by
any information provided by you,
particularly when you renewed your Firearms
Licence. Your Firearms Licence was renewed
in June 2004 in support of your application
you stated `As I am a member of an APPROVED
sports shooting club, I only require verbal
permission from the land owner to shoot on
their land.9 You have provided no
evidence to support this claim.
(S16) Magazines of 10 rounds or less do not
exist in Australia and all attempts have
been exhausted.
(R16) Whilst I am unable to comment on the
availability of magazines in Australia,
research indicates that 5 round magazines
produced for the Vektor are available
overseas. Also 10 round magazines which `fit
and function' in the Vektor H5 are available
as you have recently requested import
permits.
(S17) Magazines held are 12 to 50 rounds.
(R17) Whilst this may be the case research
indicates lower capacity magazines are
available. Inquiries on various gun sites
indicate the availability of 5 and 10 round
AK-47 magazines which would, as you state
`fit and function' in the Vektor H5.
(S18) Crimping of magazines is not
available.
(R18) It is an agreed position of the
Commonwealth, State and Territories that
only magazines original manufacture
specifications would be accepted to negate
the chances of modification to crimped
magazines following registration.
(S19) Advice from Australian Customs Service
(ACS) they will allow import of magazines of
10 rounds or less.
(R19) This is what the amendment of the
condition facilitates and strengthens the
argument for amendment of the condition.
(S20) Contrary advice from
Attorney-General's Department to that of the
ACS.
(R20) This
is an issue that would need to be addressed
by the importer.
(S21) Magazines that fit the Vektor H5 fit
various Category D weapons, magazines that
fit the Remington 7615P fit the AR 15.
(R21) Whilst these magazines may fit the
Vektor H5 and the Remington 7615P they are
not manufactured for these firearms.
(S22) Inability to import 10 round magazines
based on conflicting information.
(R22) This is an issue that needs to be
addressed at the Commonwealth level.
(S23) Remington 7615P supplied with 10 round
(20 round blocked) magazine refer document
13A and B.
(R23) The Remington 7615P is a `duty/patrol'
firearm advertised in the Law Enforcement
section of the Remington website. It is not
intended as a sporting firearm. Document 13
B indicates the firearm is available with a
`blocked' 20 round magazine but no details
are advised_ The firearms have been given
import approval from ACS with this magazine
and would have been given import approval
following examination by the Australian
Federal Police Firearms Unit. Document 13B
also provides information that the weapon
will be manufactured with a 'short straight
10 round' magazine to `achieve a "lower
visibility", non-militaristic look.' The
Remington website now states that all
7615P's come with a `low profile' 10 shot
magazine.
(S24 and S25) 7615P is one of the first
consignments with blocked magazine.
(R24 and R25) unable to comment on the
origins of the particular weapon, although
it is irrelevant given the fact that you
have registered the firearm as a 10 shot
magazine capacity.
(26) The 7615' supplied magazine is the same
size as the AR15 magazine.
(R26) not relevant as the AR15 magazine is
aftermarket and does not effect your ability
to use this firearm with the factory
supplied 10 round magazine.
(S27 to S30) Not relevant given the
registration of the Remington 7615P magazine
capacity 10 rounds.
Submission Conclusion:
(1) Public Interest test White v Woolcock
(2) Demonstrated genuine need for magazine
capacity over 10 rounds
(3) Classification of weapons based on tag
on exhibit
(4) Inability to locate magazines: Vektor
1-15
(5) Inability to import magazines for 7615P
Response
(1) The `public interest' test applied in
the matter of White v Woolcock did not argue
the merits of the danger to the public based
on after market modification of weapons that
could potentially increase the magazine
capacity ten fold from the manufactures
design intention. As you are no doubt aware
the Remington 7615 is promoted as a tactical
duty/patrol rifle for law enforcement and
federal agencies, not as a target or
recreational weapon.
The public interest consideration in this
case is reflected in the object of the
Weapons Act 1990 (the Act) that weapon
possession and use is subordinate to the
need to ensure public and individual safety.
Section 3(b) of the Act provides in part
that public and individual safety is
improved by imposing strict controls on the
possession of weapons. In determining if the
public interest is being compromised it is
necessary to look at the potential harm and
how to minimise that risk. In this case,
making possession of these weapons
conditional on the licensee not possessing
larger capacity magazines in conjunction
with the weapon enhances the safety of the
public and individuals.
(2) There is no evidence, other than a
number of self serving statements in the
submission that you have a genuine need for
high capacity magazines for category B
rifles. When offered the perfect opportunity
to show this need at renewal of your
Firearms Licence you chose to merely rely on
your approved club membership as the basis
of your application. If you had a
demonstrated genuine and prolonged need for
high capacity magazines for vermin control
you would have identified properties within
the State that you have been assisting with
vermin control so the veracity of your
claims could be tested. With nothing other
than your statement to the effect that you
have this need there is no tangible evidence
to substantiate the claimed need.
(3)
The
purpose of attaching a tag to evidence is
not to classify it, the purpose is to mark
it for later identification in court
proceedings. Research 1 have conducted
indicates the Cobray M10 is also know as the
Ingram Model 10 which is described as "a
cheap sub rnachinegun"10
which would make it in layman terms a
Category R weapon.
(4)
Inability
to locate lower capacity magazines for
Vektor H5, despite your comments, I stand by
my previous advice that the Vektor H5 was
sold with a 5 round magazine. Additionally I
have contacted the manufacturer who have
responded with the following information,
'we are in the process of assessing the
stock situation w.r.t. the 5 round
configuration magazines that you are
interested in. I have 2x polymer 5 round
magazines in my possession which I am
willing to pass on to you in the meantime.'11
This satisfies me that 5 round magazines
exist and are available for the Vektor H5.
(5)
Inability to import magazines for the 7615P,
this is not an issue to the extent that
Remington have indicated that they are
manufacturing a `low profile 10 round
magazine'' and the weapon you
possess is already fitted with a 10 round
magazine. This is a matter which would need
to be addressed with the ACS should you wish
to import further magazines.
In relation to your submissions 30 to 54 in
your letter dated 4 November 2005 I note
that you state that the submissions are
'only intended for if the Weapons Categories
Regulation 1997 are amended' however a
number of issues raised in your letter
require a response to ensure that all issues
you have raised are considered in making any
decision.
Firstly I repudiate any claim that offering
you the opportunity to provide written
submissions on why your licence condition
should not be changed is 'nothing more than
a deliberate stalling attempt until new
amendments are made to the Weapons
Categories Regulation 1997_' The purpose of
offering you the opportunity to respond is a
requirement of section 25 of the Act It is
merely ensuring the process provided in the
Act is complied with, nothing more and
nothing less.
Your submissions 31 to 39 relate to the
issue of PTA and are not relevant to this
matter,
Your submissions 40 to 46 relate to weapons
other than Category B weapons with higher
magazine capacities greater than the
manufacturers intent and is therefore not
relevant.
In relation to your submission 47 it is
clearly evident that the Vektor H5 was
advertised as including 2 magazines (5 shot)'.
Research I have conducted indicates that the
H5 was available as stated with the 5 round
magazines.
In relation to submission 48, the
designation of magazines as high capacity is
a determination of the Australasian Police
Minister's Council, not the Weapons
Licensing Branch.
In relation to submission 49 the
advertisement clearly states the weapon
includes 2 x 5 round magazines. There is no
mention in the advertisement of the weapon
being manufactured with higher capacity
magazines nor is there mention that the
weapon will take magazines intended for
other weapons, ie aftermarket magazines.
In relation to submissions 50 to 53 you
claim the Remington 7615P is a 'sporting'
rifle as it was used in the 2005 5.11
Challenge. Research I have conducted on the
Remington website indicates the 7615P is a
'patrol rifle' not a sporting model. The
5.11 Challenge is a tactical shooting
competition that is restricted to 'Law
Enforcement Officers'14 it is not
a sports shooting competition open to the
general public and shot at approved
Queensland Clubs. Claiming that the use of
the 7615 P patrol rifle by police at a
closed event makes it a sporting rifle is
erroneous and does not provide any
additional point of argument for why the
weapon should not be limited to the
manufactures 10 round magazine capacity.
In response to your conclusion, at no time
has it been stated the Vektor H5 is a 'new
technology.' From my knowledge of this
weapon and as is evident from the
advertisement these weapons have been
available since early 1997. However the
Vektor H5 was imported as a 5
round magazine capacity (as manufactured).
The Vektor 1-15 is one of the weapons that
have been identified (by your admissions) as
being capable of being fitted with an
aftermarket magazine that dramatically
increases the magazine capacity and
therefore becomes a public interest
consideration. The fact that the 7615P can
accept 'AR-15 style' magazines does not
alter the fact the weapon was manufactured
to take a 10 round magazine as standard. In
fact research I have conducted indicate that
there are other weapons manufactured by
Bushmaster Firearms which sell with a 10
round 'AR-15 style' magazine as the
standard.
In relation to your claims that the 7615P is
a `sports rifle' because you where issued a
PTA for it to be added to your sports or
recreational licence, I note that in your
PTA application you have stated that you
`currently wish to acquire this collectable
weapon for use in sports & recreational
shooting, as this weapon is a police weapon,
is marked as a police model, & is precision
built & designed for reliable shooting'
5. You have also stated
that the weapon has a magazine capacity of
10 rounds. Contrary to your claim you have
not specifically identified the use for the
weapon, you have claimed it as being
collectable, for sporting use and for
recreational shooting. You also state that
it by its markings a police model, not a
sporting rifle. The sports model equivalent
is the model 7600 which is designed as a 4
round magazine.
I have considered your submissions and the
compact disk of the Port Arthur Massacre. I
have considered all of the issues and
believe that it is consistent with the
expectations of the public that licences
should be restricted to the manufactures
specified magazine capacities.
In all the circumstances I consider that you
have not provided any substantive reason why
the amendment to your licence condition
should not be altered as proposed.
(SIGNED)
AT CAVANAGH
WEAPONS LICENSING BRANCH