The Use Of Firearms By Minors Australia - The Loose Cannon

My eldest son with a .32 caliber flintlock rifle when he was a youngster.

The Use Of Firearms By Minors Australia - The Loose Cannon

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Muzzle-Loading Guns, rifles & pistols. Police Seizure Abuse - The Loose Cannon.

Although I once defied the odds and got nought out of thirty in an open book multiple choice Chemistry test, leading to me studying law and not an agricultural science, Newton’s third law ‘for every reaction there is an equal and opposite reaction’, has always appealed to me, because at least on one level it applies to human and organisational behaviour and not just objects.

Thus when Police are affected by something they react.

Most readers would be familiar with the Edwards tragedy last year.  Mr Edwards was granted a special Commissioner's Permit for a handgun, against the wishes of a gun club he had previously approached, and then he went oput and commited a murder suicide soon after.  Further compounding the tragedy, his distraught former spouse committed suicide earlier this year. 

Police did not blame themselves for granting the permit, and are now targeting anyone who shoots and who is involved in a Family Law break up.

Case in point, I am acting for a small dealer at present who is in the process of going through a break up with his spouse.  The parties are separated under the one roof.

On my instructions his former partner was somewhat jealous because he was having a discussion and was actively engaged in play with his son. His wife’s mother suggested she call Police, which she proceeded to do.

Police attended, and as no threat was made, and there was no apprehension of violence, no AVO was issued.

Nevertheless, my client’s licence was suspended.  The reason on the suspension was ‘child at risk’- yet there was on these facts no evidence of this.  The only thing that happened that night that would have been scary to a child was the arrival of two Police Officers after the child’s bed time - although I stress that in this particular situation the officers behaved commendably well, and only followed instructions.

Not every child in a break up is a child at risk, and if Police wanted to target children at risk their attention would be better spent visiting shopping centres and rounding up truanting children during the day, and getting tired drivers off the road.

As you may be aware, Police policy of seizure, for a ‘cooling off period’ of 28 days, does not appear to have any statutory basis and any seizure of firearms needs to comply with Firearms Act 1996 or the Law Enforcement (Powers and Responsibilities) Act 2002.

The Police power to suspend a Firearms licence is set out in paragraph 22 of the Firearms Act 1996, and I have set it out below.

22   Suspension of licence

(cf APMC 6, 1989 Act s 35)

(1)  The Commissioner may, if the Commissioner is satisfied there may be grounds for revoking a licence, suspend the licence by serving personally or by post on the licensee a notice:

(a)  stating that the licence is suspended and the reasons for suspending it, and

(b)  requesting that the person provide the Commissioner with reasons why the licence should not be revoked.

(1A) If a licence is being suspended because the Commissioner is satisfied that there may be grounds for revoking the licence under section 11 (5A), the notice suspending the licence is not required:

(a)  to state the reasons for the suspension, or

(b)  to include any request that the licensee provide the Commissioner with reasons why the licence should not be revoked.

(2)  The Commissioner must suspend a licence in accordance with this section if the Commissioner is aware that the licensee has been charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or the Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act.

(3)  A suspended licence does not authorise the possession or use of firearms during the period specified in the notice suspending it.

Whilst not relevant, I shall set out section 11(5) below for your convenience

11(5) A licence must not be issued to a person who:

(a)  is under the age of 18, or

(b)  has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or

(c)  is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to an apprehended violence order (other than an order that has been revoked), or

(d)  is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or

(e)  is subject to a firearms prohibition order, or

(f)  is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

Turning to the Law Enforcement (Powers and Responsibilities) Act 2002 which again relevantly provides:

      20   Relevant offences

The following offences are relevant offences for the purposes of this Division:

       (a)  indictable offences,

       (b)  an offence against section 93FB of the Crimes Act 1900,

       (c)  an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts,

       (d)  an offence against a provision of Part 2 of the Explosives Act 2003.

      21   Power to search persons and seize and detain things without warrant

      (cf Crimes Act 1900, ss 357, 357E, Drug Misuse and Trafficking Act 1985, s 37)

       (1)  A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists:

       (a)  the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,

       (b)  the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,

       (c)  the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,

       (d)  the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.

       (2)  A police officer may seize and detain:

       (a)  all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and

       (b)  all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and

       (c)  any dangerous article, and

       (d)  any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,

       found as a result of a search under this section.

      22   Power to seize and detain dangerous articles on premises

      (cf Crimes Act 1900, s 357)

A police officer who is lawfully on any premises may seize and detain any dangerous article that the police officer finds on the premises, if the police officer suspects on reasonable grounds that the dangerous article is being or was used in or in connection with the commission of a relevant offence.

 Premises include vessels, vehicles, aircraft and other places.

       The difficulty for Police here is that while a firearm is a dangerous article within the meaning of s21(2)(c) there is no relevant offence, nor is there any suspicion on reasonable grounds that the article is or was used in commission of an offence (s22).

After realising that they were on shakey grounds a Sergeant rang my client, alluded to gaol, and referenced the following alleged offences, none of which are supported by available evidence.

1.     That my client was in possession of 14 unregistered firearms.  This allegation was denied.  My client had completed all PAB28 and 31 paperwork as required by legislation as required and had forwarded these to the Registry by Registered Post.  My client also completed his quarterly return with respect to these entries and forwarded the quarterly return to the Registry by Registered Post.  Apparently, Police wish to hold my client responsible for processing tardiness at their Registry.

     That my client was in possession of a number of prohibited firearms specifically firearms fitted with a folding stock. Allegation admitted. My client is authorised by virtue of his dealer licence to possess prohibited firearms no 11 of Sch 1 of the Firearms Act 1996, item 11 are any firearms fitted with a folding stock.

1.     That my client was informed he would be asked why one firearm had a defaced serial number.  Upon entering details of all firearms acquired by my client the physical serial number of the firearm was sighted at all times when making these entries.  My client can answer no explanation why one has a defaced serial number he questions if part of a serial number may be partially obscured by a stock.  I requested further particulars.
2.     The Sergeant informed my client that his decision to suspend my client in the morning of 9 May 2019 was supported by an allegation involving matrimonial property.  On the 8 May 2019 attending Police referred to this as a civil matter, and it was not raised as a complaint until the afternoon of the 9 May 2019. For this reason, this allegation was not raised on the Suspension Notice and had no bearing upon the decision to suspend.

My criticism is with a Police Policy in practice in respect to domestic situations that exceeds the law, and that involves the seizure of firearms without probable cause merely on suspicion of a domestic break up. 

Just because Firearms ownership is a privilege and not a right, does not mean that privilege is subject to unfettered discretion by Police to seize firearms or suspend licences without appropriate due process.

When I first came to Australia, I was amazed how far this country has progressed since it was a penal colony, a mere couple of hundred years ago.  However the longer I practice law, the more convinced I am that my assumption is wrong, for certainly in terms of Police attitude, this state is still a Penal Colony.

Simon Munslow

National Firearms Lawyer
P: (02) 6299 9690
M: 0427 280 962
E: solicitor@bigpond.com
W: firearmslawyer.com.au

Simon Munslow is a lawyer who has a lifelong interest in shooting, having acquired his first firearm at the age of nine, and has had an active interest in firearms law since writing a thesis on the topic over thirty years ago at University.
Simon Munslow practices extensively in Firearms Law matters throughout Australia.

He is a regular contributor to the Australian Sporting Shooter magazine’s website on Firearms law matters, has published articles on firearms reviews and firearms law, and occasionally is asked to comment in the broader media on firearms matters.

This article is written for general information only and does not constitute advice. 
He can assist you with:

Criminal law & Administrative law and in particular that related to Firearms

• All firearms, weapons and game charges
• Avoiding & setting aside Apprehended Violence Orders
• Possession of unregistered firearms
• Unsafe transportation & storage matters
• Applications for prohibited weapons
• License Appeals
• Freedom of Information / Government Public Access matters
• Importation & Customs problems
• Advices & opinions related to Firearms law matters

Read more at http://www.sportingshooter.com.au/latest/police-seizure-abuse-the-loose-cannon#iq2kiJvR6Pw57ZCw.99
http://www.sportingshooter.com.au/latest/police-seizure-abuse-the-loose-cannon

SHOOTERS, FISHERS & FIREARMS PARTY.

https://d3n8a8pro7vhmx.cloudfront.net/sfp2015/pages/485/attachments/original/1524461807/Firearms_%28Reviewed%29_150118.pdf?1524461807

PLEASE, sign this petition.

A Muzzleloader Is Not Considered A Firearm In America.

Modern muzzleloaders are considered “antique firearms” as they are replicas of pre-20th Century designs, with certain other limitations.

In fact, the Gun Control Act of 1968 defines an antique firearm in Section 921(16) as any firearm manufactured before 1898, including those with a matchlock, flintlock, percussion cap, or similar ignition system. Replicas of such firearms are also considered antiques as long as the replica is not “designed or redesigned to use rimfire or conventional centerfire fixed ammunition.”

http://guide.sportsmansguide.com/adventures/muzzleloader-considered-firearm/

But this is not the case in Australia, despite the fact that there has never ever been a mass shooting involving a single muzzle-loading gun in history! Why has there never been a mass shooting using a muzzle-loading gun? Simply because it is not possible; assuming the gun actually fires the first time (& the shooter manages to hit someone!), by the time the shooter has reloaded, everyone would have fled the area! Criminals & killers DO NOT use these guns; they only ever use modern breech-loading guns!

Ignorance & gun paranoia is behind the poor drafting of gun control legislation; both the general public & the government employees are to blame for poor insensible pointless laws concerning muzzle-loading guns of all types, & we, the muzzle-loader enthusiasts are the ones that are disadvantaged! Please, do the research; educate yourselves before supporting this law against the purchase & use of muzzle-loading pistols on private property. This is NOT a weakening of firearms law; this is a correction of a firearms law. PLEASE, sign this petition & give us a fair go.

https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence/u/23507459

Pretty Please, Sign This Petition.

If you have a reason for not signing this petition, I would be most grateful if you could explain your point of view. It would help me to understand the way others view these gun control laws.
Thank you.
Keith.
https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence/u/23430601

Gun Control. Controlling People & making Money. Little to do with public safety.

Nothing to do with public safety? Let me prove it to you.

Anyone can purchase a flintlock, Wheelock or matchlock pistol, no licence is required & no permit to purchase or registration providing it was made before 1901 ad. However, the government says that you are not allowed to shoot or in their words “use” these pistols unless you join a pistol club & purchase an “H” class license. So you see, this has nothing to do with acquiring a gun, it is to do with being given lawful permission to “use” this gun. How many criminals do you know of that obey gun laws???!!!

So the only people disadvantaged by this law are the law abiding gun owners, NOT THE CRIMINALS!!! I have nothing against not requiring a license to purchase one of these primitive antique muzzle-loading guns; no criminal would ever use one of these guns, but why disadvantage law abiding citizens? Why can’t we “use” these guns? If the government wants us to pay for the privilege, then why not create a separate licence for these antique guns?

Another point which many people may not understand, ALL muzzle-loading pistols, antiques & those copies still made today all work in the same way, there is NO difference between a modern muzzle-loader & an antique muzzle-loader. So why does the government make a separate license for replicas when no license is required for an antique? Replica or antique, there is no difference, no criminal would ever use one of these guns because: They only have one shot, they are slow & difficult to load, they are unreliable, they are expensive to purchase, they are difficult to carry in a pocket, they create too much smoke when fired, & it is far easier to obtain a modern firearm & cut it down to size!!!

PLEASE SIGN THIS PETITION. The legal right to use muzzle-loading pistols!

https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence

In Australia we are not allowed to use any muzzle-loading pistol off the range. The licence required to purchase & use these primitive tools is a restricted "H" class licence which will only be issued to people who belong to an approved pistol club & they are ONLY allowed to use this pistol on the club range.

Living Historians are not allowed to use a muzzle-loading pistol in their Living History activities, even if they have an "H" class licence.
This petition I have started is simply asking the government to place these muzzle-loading pistols on a less restrictive licence along with muzzle-loading longarms. I am not asking for a weakening of gun control laws, the pistol would still require a licence & registration.
Criminals do not & would not use these primitive tools to commit a crime, they don't know how to use them, they can be unreliable. It is far easier for a criminal to cut down a modern long gun or to purchase some water pipe from the plumber's & make a simple shotgun.

The majority of gun owners in Australia own breach-loaders, & they have no interest in muzzle-loaders. For this reason the majority of these Australian gun owners will not, do not, bother to sign this petition!!! Yes, the Australian gun owners fraternity is fractured, because of this we have already lost the right to own semi-automatic & pump action longarms. The government confiscated. This is the thin end of the wedge, there will be more firearms restrictions in the future I am sure. Once a law is passed, it is difficult to get it reversed!

 The only reason that the government have restricted the use of muzzle-loading pistols is because of their total ignorance in the first place, & in the second place they simply can't be bothered to reverse their decision! So PLEASE, sign this petition.
Regards, Keith.
https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence

An Old Rule Of Mine.

An old rule of mine is never place yourself too close to the right side of a person shooting a flintlock. There are two escape roots for the pressure in the barrel when the gun is fired, one is the muzzle, the other is the vent. If you are too close to the vent on someone elses flintlock, then you are going to get hit by the hot gasses & flame escaping from the vent when this gun is fired.

Take a look at an example of this shown in the movie "The Mountain Men" (1980) with Charlton Heston & Brian Keith. Keith was obviously not aware of what would happen, & if you take note of number 13 in this clip you will see what I mean!

Keith.

PLEASE Sign my petition.

No difference between the two flintlock muzzle-loading pistols, but one is very expensive & can not legally be used, the other is less expensive but requires a restricted licence & shooting range membership & can ONLY be used on the club range.

Please sign my petition to have both of these flintlocks placed on a less restrictive licence such as the "B" class licence with other muzzle-loading long guns.
Thank you.
Keith.

PETITION HERE: https://www.change.org/p/to-the-honourable-the-speaker-and-members-of-the-legislative-assembly-of-new-south-wales-in-parliam-muzzle-loading-pistols-to-be-placed-on-a-less-restrictive-licence/u/22578020

Black Powder Firearms Laws In Poland Vs Australia.

Here in Australia we have to have a Firearms licence & pass a firearms test to obtain that licence. A permit to purchase, & we have to register all guns including replica muzzle-loading guns. A replica muzzle-loading gun is the same as an identical antique muzzle-loading gun, no difference. It still loads from the muzzle, it still relies on a flint lock for ignition. But in Poland, which has the most stringent firearms laws in the world, you do not require a permit to purchase, a licence or registration. Only the gunpowder needs to be registered.

- BLACK POWDER FIREARMS IN POLAND:

Blackpowder not integrated cartridge guns, if manufactured before 1885, and their replicas also multiple shot revolvers (separable loading only) are available without any restrictions (Owner must to be over 18). They are also permitted to be owned, used, and carried (You name it) loaded without any permits. Curiously though, the purchase of the blackpowder requires registration.

Help Us Protect Hunting & Gun Ownership In Australia.

Help us protect hunting

The Shooters Fishers and Farmers Party on on the attack after new regulations have been delivered. Here is how it will affect you and what you can do to help. 

The Liberal - National New South Wales Government has released a consultation draft of the proposed Firearms Regulation 2017 and Weapons Prohibition Regulation 2017.

In a move reminiscent of John Howard’s 1996 gun reforms, these are some of the most draconian regulations ever.

These regulations, if passed in their current form, will affect every licensed firearm owner, hunting club and firearms dealer in New South Wales.

Here are just a few ways these new regulations will hurt law-abiding firearms owners:

Forcing all hunters and private landowners to supply private personal details to New South Wales Police before being allowed to hunt on private land (clause 32, 34 Draft Firearms Regulations 2017).

Refusing a firearms license or permit even if someone is innocent of an offence under the Firearms Act (clause 11, 23 Draft Firearms Regulations 2017).

Squeezing law-abiding firearms dealers out of business through further regulation and restriction (clause 41 Draft Firearms Regulations 2017).

As they’ve always done, the Government are punishing law-abiding firearms owners for the actions of criminals.

They know full well that the increase in law-abiding firearms owners is largely due to the increase in recreational hunting. They’re attacking legitimate hunters from safely going about their business and slowly trying to kill off all licensed firearms ownership.

Regulations, unlike Bills and Acts, do not have to come before the Parliament to be voted on. They are put in place by the the Minister for Police, National Party MP Troy Grant.

You can help RIGHT NOW.

The draft Firearms Regulation 2017 and draft Weapons Prohibition Regulation 2017 have been released for public consultation.

The closing date for submissions is 5pm on Monday 31 July 2017.

Please click on the following links for the:

Draft Firearms Regulations 2017

Draft Weapons Prohibition Regulation 2017

Regulatory Impact Statement

Let the Government know that you don’t appreciate being treated like a criminal in waiting.

There is no set format for submissions if you wish to make comments and you can keep your comments private if you choose so.

Email submission to (preferred option): firearms@mpes.nsw.gov.au

Our Loose Cannon writer, Firearms Lawyer Simon Munslow, has written a document which will assist you in writing to your local politicians and the NSW Police Minister to put the heat on the government over this issue.  You can download Simon Munslow's Correspondence Guide here.

Post submissions to:

Firearms Submissions
Office for Police, Department of Justice
GPO Box 5434
SYDNEY NSW 2001

Submissions must be received no later than 5.00pm Monday 31 July 2017.

Copies of all documents are available on the Department of Justice website.

Read more at : http://www.sportingshooter.com.au/latest/nsw-government-attacks-recreational-hunting?utm_medium=email&utm_campaign=Newsletter%2028%20July%202017&utm_content=Newsletter%2028%20July%202017+CID_f0308b26265b69a26e10466effed15df&utm_source=Email%20marketing%20software&utm_term=band%20together%20throughout%20this%20attack%20and%20sacrifice#KY4bHsYgPS9cFSV4.99

Identification Please. Hole in muzzle-loader gun stock.

Scott contacted me asking what the hole in the stock was used for or what is its purpose. I was unable to help, so I thought one of you may have the answer or an educated guess.

THE EVOLUTION Of the English Civilian Flintlock pistol 1650 ~ 1830

Photo By the late Dr Rob Gilbert (Copyright Keith H. Burgess).

http://flintlockpistols.net/index_old.htm

Please Note: The term FRIZZEN is a much later name not used in the 18th century. Common names in English were "steel" and "hammer".
Keith.

Some PDF Information For Lyman Muzzle-Loading Firearms.

http://www.lymanproducts.com/lyman/muzzle-loaders/pdfs/lyc-ml-general.pdf

Petition Update. Gun Paranoia Control.

Gun Paranoia, Toy Guns Illegal.

Keith Burgess

Armidale, Australia

30 APR 2016 — During a regular firearms check the attending Police Officer spotted a toy muzzle-loading pistol I had made many years ago for my 3 boys. The officer told me that if a member of the public were to see this toy gun & complain, that I could be charged with firearms offences.
I was hoping that my grandchildren could play with these toys, but now it seems that they can not. This paranoia gun control has to stop. PLEASE sign my petition.

"To the Honourable the Speaker and Members of the Legislative Assembly of New South Wales in Parliament assembled".

PARLIAMENT OF NEW SOUTH WALES.

Parliament House
6 Macquarie Street,
Sydney, NSW 2000.

assembly@parliament.nsw.gov.au

The Petition of Keith H. Burgess.
President of the New England Colonial Living History Group.

Brings to the attention of the House the matter of firearms licensing in relation to muzzle-loading pistols (percussion locks excluded).

At this present time, working replica (replicas of original 17th and 18th century antique muzzle-loading pistols) muzzle-loading pistols of the lock types matchlock, wheellock, tinderlock, doglock, snaphance, and flintlock can only be owned by a person possessing a category H gun licence, and these pistols can only be legally fired on a registered gun range. This requirement excludes the use of these antique replicas for Living History and Historical Re-enactment purposes. It also excludes the use of these antique replicas for use as a back-up safety for muzzle-loader hunters hunting on private property who are hunting with single shot muzzle-loading rifles or smoothbores.

Historical Re-enactment groups and Living History organisations have re-enactment rules which preclude the use of live ammunition and preclude the use of a ramrod during any and all re-enactment displays. There is also a permit requirement; this permit is for historical re-enactment organisations wishing to conduct an historical re-enactment event involving the possession and use of firearms by participants. Clause 61 - Firearms Regulation 2006.

Replicas of muzzle-loading pistols of the lock types mentioned are slow to load and require a good deal of knowledge and training to ensure the workability of this type of gun. Ignition even when used by a competent person can not be guaranteed. Therefore these muzzle-loading guns are not suitable for criminal use.

The undersigned petitioners therefore ask the Legislative Assembly to change the licensing requirement for these replica antique muzzle-loading pistols (percussion locks excluded) from the present category H class licence to the category B class licence.

 https://www.change.org/p/members-of-the-legislative-assembly-of-new-south-wales-fair-and-sensible-firearms-legislation-for-muzzle-loader-users?recruiter=29128190&utm_source=share_petition&utm_medium=copylink

Ballistics of 17th Century Muskets PDF.

https://core.ac.uk/download/files/23/139707.pdf

PLEASE SIGN THIS PETITION.

https://www.change.org/p/members-of-the-legislative-assembly-of-new-south-wales-fair-and-sensible-firearms-legislation-for-muzzle-loader-users?recruiter=29128190&utm_source=share_petition&utm_medium=copylink

"To the Honourable the Speaker and Members of the Legislative Assembly of New South Wales in Parliament assembled".

PARLIAMENT OF NEW SOUTH WALES.

Parliament House
6 Macquarie Street,
Sydney, NSW 2000.

assembly@parliament.nsw.gov.au

The Petition of Keith H. Burgess.
President of the New England Colonial Living History Group.

Brings to the attention of the House the matter of firearms licensing in relation to muzzle-loading pistols (percussion locks excluded).

At this present time, working replica (replicas of original 17th and 18th century antique muzzle-loading pistols) muzzle-loading pistols of the lock types matchlock, wheellock, tinderlock, doglock, snaphance, and flintlock can only be owned by a person possessing a category H gun licence, and these pistols can only be legally fired on a registered gun range. This requirement excludes the use of these antique replicas for Living History and Historical Re-enactment purposes. It also excludes the use of these antique replicas for use as a back-up safety for muzzle-loader hunters hunting on private property who are hunting with single shot muzzle-loading rifles or smoothbores.

Historical Re-enactment groups and Living History organisations have re-enactment rules which preclude the use of live ammunition and preclude the use of a ramrod during any and all re-enactment displays. There is also a permit requirement; this permit is for historical re-enactment organisations wishing to conduct an historical re-enactment event involving the possession and use of firearms by participants. Clause 61 - Firearms Regulation 2006.

Replicas of muzzle-loading pistols of the lock types mentioned are slow to load and require a good deal of knowledge and training to ensure the workability of this type of gun. Ignition even when used by a competent person can not be guaranteed. Therefore these muzzle-loading guns are not suitable for criminal use.

The undersigned petitioners therefore ask the Legislative Assembly to change the licensing requirement for these replica antique muzzle-loading pistols (percussion locks excluded) from the present category H class licence to the category B class licence.

Some Facts About Muzzle-Loading Pistols.
Living Historians will always praise the workings of a muzzle-loading gun, because we have gone to the trouble over some years to learn how to make these primitive tools work. But the average person first acquiring a muzzle-loader is not likely to get much satisfaction out of it.

If the weather is damp then a muzzle-loader may not work because Black Powder attracts moisture & it may not take fire. If it is raining you have to first take a little tallow (rendered & cleaned animal fat) & sparingly smear it around the joints of the pan to help keep the water out. Then you need to use a cow’s knee lock cover (or similar shaped piece of leather) to place over the whole gun lock to keep the rain out. Of course in order to then fire this gun, you have to remove the lock cover & fire as quickly as you can before the lock gets wet.

There are many other skills to learn before you can use a muzzle-loading gun, & unless you are a lover of these guns you are not likely to bother learning the skills. Matchlocks & tinderlocks require a lit burning fuse to be attached to the gun to make it fire. Can you imagine trying to hide one of these in your pocket or under your clothing without catching yourself on fire?!!! Yet these primitive tools are considered a danger to the public & are placed on a restricted H class licence. Why? Simply because the people who make these laws know nothing about these muzzle-loaders & very little about any other firearms. Smoothbore muzzle-loaders require a B class licence in NSW, but smoothbore breach loading shotguns of modern manufacture only require an A class licence! Does this make any sense to you?

You may not be a lover of guns, you may not be a Living Historian or a Historical Re-enactor, but to us that are, these guns are an important part of what we do, an important part of our hobby & enjoyment. Please sign this petition to allow us to acquire these primitive guns on a B class licence which will allow us to carry these muzzle-loaders during club activities (even though they will not be loaded with live ammunition, only blanks when in public displays). Obviously they are not a risk to the general public, they can not be obtained without a licence & there are strict “reasons for purchase” rules that apply to a B class licence.
Thank you
Keith H. Burgess.

More on that Pistol Stock Design.

Searching for more information on the pistol that I purchased, I have been concentrating on the design of the stock.  Here are another two stocks of the same design as mine both dating early to mid 18th century.

My Pistol, no date and no identification markings.

This one dated 1750.

http://www.angelfire.com/oh3/civilwarantiques/1509webcat02.html;

This one dated 1730. National Maritime Museum London.

http://collections.rmg.co.uk/collections/objects/2416.html;

On Firearms Control In Australia By Robert Borsak.

Robert Borsak

20 hrs

Today I was asked by Fox News in London to comment on whether or not Australia's firearms laws work to stop crime in light of the decision by President Obama to reform American gun laws.

Our advocacy is being internationally recognized and it is about time that law abiding firearms owners get a fair go.

The show will air soon and we will get a copy of the segment as soon as we can get our hands on it.

In the meantime, here are my thoughts as an Australian law abiding firearm owner:

As President Obama attempts to reform America gun laws, the issue of gun control and violence is yet again in the spotlight. My thoughts and sentiments on this are not centred around American gun control or gun culture per se, but rather the Australian experience.

It is deeply disturbing that every time the issue of gun control is debated in America or other jurisdictions for that matter, Australian guns laws are hailed as the gold standard – a benchmark for leaders to achieve. Well, they are not.

As a starting point, we are not America, we do not have a constitutional right to bear arms, and in fact our constitution does not afford ordinary citizens many rights at all. Instead, what we have is an array of draconian and impractical state and national firearms laws, underpinned by a ‘Howard’ mentality that somehow regulating law abiding people will deter crime.

But the facts and evidence fly in the face of many of these ‘anti-gun’ lies and misinformation.

In late 2015, following intensive discussions with Robert Brown and I, the NSW Deputy Premier and Police Minister, Troy Grant, rightly pointed out what the Shooters and Fishers Party have been saying for over 20 years, “Greater than 97% of all firearms incidents reported in NSW relate to unregistered, or unbranded, or unmarked firearms… NSW has an illegal firearm problem”.

This has been the reality in Australia for decades. The vast majority of firearms crimes committed are done so with the use of an illegal or unregistered firearm by an unlicensed individual.

Logic dictates then, does it not, that the Government should focus the vast majority of its time and resources on curbing the illegal firearms trade and tough sentencing measures? Rather, successive governments have spent over a billion dollars on targeting law abiding firearms owners through failed registration schemes, confiscation and pointless “tough gun control” measures.

Further, independent and statistical research indicates that the regulation, including banning, of firearms, has little to no causal effect on the rate of crime. The Melbourne Institute of Applied Economic and Social Research published a working paper on The Australian Firearms Buyback and Its Effect on Gun Deaths, which ultimately concluded that the NFA did not have large or long-term effects on reducing firearms homicide or suicide rates in Australia.

Our gun laws are nothing to be proud of. In fact, they represent one of the most vile and draconian attacks on personal freedoms and culture. They have been formed, and continue to be formed, on lies, political mileage and misinformation.

In 1996, the Howard Government decided that we couldn’t be trusted with semi-automatic rifles and pump action shotguns anymore, yet it seems criminals didn’t get the message?

Even today, the ordinary Australian citizens cringes or questions me when I tell them I love shooting and hunting. I don’t blame them though. I blame the collective efforts of politicians like John Howard, anti-gun groups like The Australian Greens and Gun Control Australia, and most of the media. This atmosphere of paranoia and ignorance was created by them. It is our job to unwind the damage and further our rights in the process.

Licensed firearms owners are among the few classes of people that are acknowledged and endorsed as fit and proper persons. Criminals are not allowed to obtain firearms licences period. Ownership and use of a firearm is a highly held privilege. With that privilege we have the right not to be associated with or disadvantaged by the action of senseless cowards. Relaxing firearms laws to make it easier and more practical for law abiding citizens to enjoy their sport and cultural pastimes is not going to result in a mass shooting or spike in gun crime.

To my fellow law abiding firearm owners, and to anyone who truly values personal freedoms and fact based decision making, I say this: The fight for the roll back of these firearms laws will be a generational struggle, but united, we have a strong and growing voice that will not be silenced!

 https://www.facebook.com/groups/1502950643337038/permalink/1523002614665174/

Firearms Owners In Australia Fail To Support Each Other.

This I think is a prime example of how firearms owners in Australia DO NOT support each other. Not only that, but the different factions or special interest groups within firearms associations also fail to support each other. No wonder we are slowly but surely losing our rights.
It is just about the end of another year, & this petition is now CLOSED. I would like to sincerely thank all those gun owners who supported my petition, ALL 25 OF YOU!!!
This was not only posted on facebook, but it was also posted on my blogs & other media outlets. Now whilst it is possible that many people did not agree with my petition, I find it hard to believe that I only got 25 signatures.
Keith.