Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:

1. These proceedings are an appeal from a decision of the respondent refusing to grant the applicant a firearms licence for which he had applied on 30 June 2024. By a decision made on 25 September 2024, the respondent refused the application, based on information provided by the applicant's treating psychiatrist. The respondent considered that she could not be satisfied that the applicant would pose "virtually no risk" should the application be granted.

2. The applicant sought internal review and in support of that, provided a further letter from his treating psychiatrist. The decision was affirmed on internal review. This was also on the basis that the Commissioner could not be satisfied that the applicant posed "virtually no risk" to public safety if he were to be granted a firearms licence.

3. On 16 January 2025, the applicant sought review of the decision to refuse his licence by the Tribunal. The matter was heard by the Tribunal on 2 June 2025. At that time the decision was reserved.

Regulatory framework

4. The key relevant statutory provisions governing the decision before the Tribunal are contained in the Firearms Act 1996 (NSW) (Firearms Act). Section 3 sets out the principles and objects as follows:

3 Principles and objects of Act

(1) The underlying principles of this Act are--

(a) to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety, and

(b) to improve public safety--

(i) by imposing strict controls on the possession and use of firearms, and

(ii) by promoting the safe and responsible storage and use of firearms, and

(c) to facilitate a national approach to the control of firearms.

...

5. Section 11 of the Firearms Act is also central. It relevantly provides:

11 General restrictions on issue of licences

...

(1) The Commissioner may issue a licence in respect of an application, or refuse any such application.

...

(3) A licence must not be issued unless--

(a) the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace, and

(b) in the case of a person who has never held a licence (including a firearms licence under a previous Act), the applicant has completed, to the satisfaction of the Commissioner, such firearms training and safety courses as are prescribed by the regulations in respect of the licence concerned, and

(c) the Commissioner is satisfied that the storage and safety requirements set out in Part 4 are capable of being met by the applicant, and

(d) the Commissioner is satisfied that the person to whom the licence is to be issued is a resident of this State or is about to become a resident of this State.

...

(4) Without limiting the generality of subsection (3) (a), a licence must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of--

(a) the applicant's way of living or domestic circumstances, or

(b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or

(c) the applicant's intemperate habits or being of unsound mind.

...

(7) Despite any other provision of this section, the Commissioner may refuse to issue a licence if the Commissioner considers that issue of the licence would be contrary to the public interest.

(8) The regulations may provide other mandatory or discretionary grounds for refusing the issue of a licence.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19830c9e1513dc0acf34a9a3)

Disclaimer: Curated by HT Syndication.