Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25:

1. The Applicant Ms Beech (Applicant) applies to the Tribunal to review an internal review decision of 2 December 2024 made by the Commissioner of Police, NSW Police Force (Respondent). The Respondent affirmed an earlier decision of 23 July 2024 to refuse the renewal of the Applicant's Category ABC firearms licence.

2. The Applicant was first issued with a firearms licence in 2014 which was renewed in 2019 for a further 5 year period. On 7 May 2024 the Applicant applied to renew the licence for the purposes of recreational hunting, vermin control and primary production. In this licence application the Applicant disclosed that she had been treated for anxiety and depression for approximately 6 months following a job loss in May 2023.

3. The decision to refuse to renew the firearms licence was made under section 11(7) of the Firearms Act 1996 which gives the Commissioner a discretion to refuse to issue a licence "if the Commissioner considers that issue of the licence would be contrary to the public interest."

4. The Respondent's position is that the Tribunal should affirm its decision not to issue the firearms licence to the Applicant. The Respondent submits that the Applicant has a history of mental health issues and remains on medication and has experienced suicidal ideations and required further counselling as recently as August 2024.

5. The Applicant wants the Tribunal to set aside the Respondent's decision and substitute it with a decision that the licence be granted. The Applicant's position is that she did not disclose suicidal ideations, and she has two positive assessments from her treating medical professionals indicating no concerns.

6. The Applicant says she needs the licence to use firearms for the humane euthanasia of stock whilst working on her cattle farm. While the Applicant's domestic partner has a firearms licence, they are not always present on the property when euthanasia is required.

7. The issue for determination by the Tribunal is whether it is contrary to the public interest to issue the licence. In this case, the Tribunal must consider whether the Applicant's mental health poses an appreciable risk to public safety that warrants the refusal. For the reasons which follow, the Tribunal has concluded that the Respondent's decision to refuse the licence should be affirmed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1983ab0ee80667f518f626d6)

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