AN INDEPENDENT ACTION against the reclassification of firearms in WA that had been dismissed, has been resurrected by a tribunal Member with a conscience.
The independent action
WHEN the NSC commenced its action in the Western Australia State Administrative Tribunal (SAT) to fight the ban on the Ruger PC Charger on ‘appearance laws’, it became aware that another shooter had started his own appeal against a WAPol decision to ban his Desert Tech SRS rifle in the same gun grab.
The independent action was being fought on similar legal grounds, but was ‘knocked out’ on the basis of an earlier case that had decided that WA Police had ultimate authority over deciding what firearms shooters would be allowed to have.
SAT Member carefully reviews case
However, something obviously resonated with the SAT Member hearing the matter, as he has now had ‘second thoughts’ about the decision. Instead he has now decided that the case should continue and that he has the jurisdiction to hear the appeal under different sections of the WA Firearms Act.
We understand WA Police and their lawyer were directed to tell the shooter that a directions hearing scheduled for mid-October, but they appear not to have done so. Instead you can imagine the surprise he got when he got a phone call from the SAT asking why he had not called in for the hearing.
The police legal team have now been directed to make a written submission on the matter and have promised to do so by the 23rd of October, which is the same date as the NSC’s next directions hearing.
The shooter has until December 4 to reply to this submission at which time there will be another hearing. The NSC has decided to assist the shooter in any way it can including paying the cost of using our barrister for free to help him with his case.
The NSC’s own action against the reclassification of the Ruger PC Charger continues with the next hearing scheduled for 23 October. We will update you on what happens.
We need appearance laws gone. If firearms are to be classified, it needs to be classified by clear and verifiable criteria such as action. It is simply wrong and destructive of the industry to allow the police to ban any firearm on the basis of what can be an emotional, political or simply ignorant decision.
These cases are the best opportunity to fight back, which is why the lack of support for this fight from SSAA WA and the West Australian Firearm Traders Association, continues to disappoint us.
Nevertheless, the NSC will continue its fight against ‘reclassification laws’ and for a fair go for all shooters. If you’re not already a member, then click here to join – and support the only organisation willing to fight this matter through legal channels.