Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31:

1. On 28 March 2024, Police attended the respondent's residence to undertake a safe storage inspection. On a further search of the respondent's property, they found five cannabis plants in the respondent's backyard, as well as dried cannabis leaf in his residence. Police suspended the respondent's firearms licence that day.

2. The respondent was charged with one count of possessing a prohibited drug under s 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (Drug Act) and one count of cultivating a small quantity of a prohibited plant under s 23(1)(a) of that Act. On 13 May 2024, having been found guilty of those offences, a 12-month conditional release order (CRO) was imposed on the respondent, with no conviction being recorded.

3. Upon sentencing, the respondent's firearms licence became subject to the discretionary revocation power under s 24(2) of the Firearms Act 1996 (NSW) (Firearms Act). On 7 August 2024, the Commissioner exercised that power and revoked the respondent's AB firearms licence. That decision was affirmed following an internal review on 27 September 2024.

4. Before the hearing at first instance, the respondent was prescribed medical cannabis; which we take to mean cannabis oil.

5. On 14 February 2025, the Tribunal set aside the Commissioner's decision to revoke the respondent's firearms licence (the Decision). The Commissioner appeals from the Decision.

6. Between the date of the Decision and the hearing of the appeal, the CRO expired, on 12 May 2025. This meant that there was a question over the utility of the appeal, in so far as it concerned the discretionary power to revoke a licence on the basis that the respondent was subject to a CRO: there was no extant CRO at the time of the appeal.

7. Further, in so far as the appellant's other grounds are concerned, there was uncontested evidence, at first instance, that the respondent did not use the medical cannabis before or during his use of a firearm.

8. For reasons explained below, we dismiss the appeal.

Statutory framework

9. Section 24 of the Firearms Act sets out the grounds upon which a firearms licence may be revoked. Relevantly, the section provides:

(2) A licence may be revoked-

(a) for any reason for which the licensee would be required to be refused a licence of the same kind, or

...

(d) for any other reason prescribed by the regulations.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19854c958fa1885507d776b2)

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