• thynne-macartney-logo
  • Expertise
  • People
  • About Us
  • News & Insights
  • Careers
  • Contact Us
  • Pay Invoice

Faulty trigger – slow progress on changes to the weapons licensing regime

07 December 2018

Common sense has begun to prevail in light of the 2017 changes to the weapons licensing regime which made it difficult for primary producers to hold Category H firearms licences for handguns.

The changes require primary producers to demonstrate that they have an “occupational requirement” and “genuine need” to hold a firearms licence for handguns. The Weapons Licensing Branch of the Queensland Police Service adopted a very strict test as to whether primary producers had such a requirement or need.

In a recent decision of the Queensland Civil and Administrative Tribunal (QCAT), a Quilpie grazier appealed against the refusal of his handgun licence on the basis that he was required to use a handgun to protect his own safety while working in Mulga country. The grazier, who had held a Category H licence for over 20 years, successfully argued that he was required to ride a motorbike through Mulga country and carry a firearm for protection against feral pigs and dogs. In such a working environment, QCAT recognised that a handgun had safety and efficiency features over a long arm rifle which allowed the grazier to better protect himself. After QCAT accepted the grazier’s reasons as to why he had an “occupational requirement” and “genuine need”, it reissued the grazier with a Category H licence.

Following the decision of QCAT, the Weapons Licensing Branch is reportedly considering the policy which determines whether a Category H licence should be reissued to primary producers though there is no public record of this policy being changed just yet.

This result demonstrates that QCAT is willing to recognise a primary producer’s “occupational requirement” and “genuine need” to hold a Category H licence and highlights the importance of ensuring adequate information is provided to the Weapons Licensing Branch when reapplying for Category H licences.

Read more about the 2017 changes

This information is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

About the Author

Alex Ramsey
Alex Ramsey
Partner Ph: +61 7 3231 8833 Email: aramsey@thymac.com.au

News & Insights

New amnesty for unauthorised weapons

New amnesty for unauthorised weapons

Read More
Inland Rail Losing Steam

Inland Rail Losing Steam

Read More
Sunflower selfies cause biosecurity risk

Sunflower selfies cause biosecurity risk

Read More
Do you have a family company or a corporate trustee for your self-managed superfund?

Do you have a family company or a corporate trustee for your self-managed superfund?

Read More

Contact Us

  • 07 3231 8888
  • 07 3229 0855
  • mail@thymac.com.au
  • linkedin-logo
  • ally-law-logo

 

Liability limited by a scheme approved
under professional standards legislation.

Brisbane Office
  • Level 32, Riverside Centre
    123 Eagle Street
    BRISBANE QLD 4000
Cairns Office
  • Level 1, Moresby Haus
    4 Scott Street
    CAIRNS QLD 4870

  • 07 3231 8888
  • 07 3229 0855
  • mail@thymac.com.au
  • linkedin-logo
  • ally-law-logo

 

Liability limited by a scheme approved
under professional standards legislation.

  • © Thynne + Macartney 2022
    • Disclaimer
    • Privacy Policy