Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:

1. The Applicant sought an administrative review of the Respondent's decision to revoke his firearms licence after the Applicant was sentenced to a conditional release order for two counts of affray.

2. The Tribunal has found that there is no clear basis or any significant circumstances to justify restoring the privilege of holding a firearms licence in circumstances where the Applicant would be refused a licence of the same kind.

3. The Tribunal has found that it is not in the public interest for the Applicant to hold a firearms licence, as there is a real and appreciable risk to public safety if the Applicant were to hold a firearms licence, which overrides the Applicant's privilege to possess and use a firearm.

4. The Tribunal has therefore determined, in the exercise of its discretion, that the correct and preferable decision is to affirm the decision under review.

Background

5. On 10 February 2018, the Applicant applied for a Category AB firearms licence for the genuine reason of recreational hunting/vermin control as an owner of rural land. The licence was granted on 23 September 2018.

6. On 6 September 2023, the Applicant reapplied for the Category AB firearms licence. The licence was granted on 18 November 2023.

7. On 23 June 2024, two incidents occurred at a Hotel ("the Hotel incident") and Services Club ("the Club incident") in the "local area" involving the Applicant, the Applicant's father and members of the Applicant's ex-partner's family. As a result of these incidents, the Applicant was charged with two counts of affray. The Applicant pled guilty to both counts.

8. On 16 August 2024, the Respondent served the Applicant with a Notice of Suspension of firearms licence.

9. On 10 October 2024, the Local Court found the Applicant guilty of the two counts of affray. The Court sentenced the Applicant with a conditional release order for a period of 12 months for both offences, commencing on 10 October 2024 and concluding on 9 October 2025, without conviction. The Applicant was also prohibited from attending the Hotel and Services Club in the local area for a period of six months, commencing on 10 October 2024 and concluding on 9 April 2025.

10. On 19 November 2024, the Respondent decided to revoke the Applicant's firearms licence on the basis that the Applicant had been found guilty of affray and was subject to a conditional release order ("revocation decision").

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197aaa2ef472fbc66de83ef0)

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