Ian Gilfillan Australian Democrats Member of the Legislative Council	News Release	1999 News Releases index
		Gun Control  News

Friday October 8^th 1999

WILL BIKIES LOSE THEIR GUNS?  NO THANKS TO LABOR, LIBS

Anyone convicted over today’s bikie shooting in Adelaide will not necessarily lose a right to own firearms, because the Liberal and Labor parties failed to support a Democrats initiative.

Democrats spokesperson on Gun Control, Ian Gilfillan says police have sufficient discretionary powers to seize and confiscate firearms "on reasonable grounds" but there is no requirement that this be done, not even after a murder conviction.

"The only requirement is that the particular gun used in the offence be forfeited. Any other guns legally owned by such a person, will not necessarily be taken away. The court has a discretion to allow this, under section 34A of the Firearms Act.

Likewise, the Registrar of Firearms may order the cancellation of a firearms licence in the "public interest", or where a person is regarded as "not fit and proper." (s20) However the Registrar is not required to do anything, and cannot cancel a licence without the support of the Firearms Consultative Committee. The six-member committee contains three representatives of shooters groups.

SA’s laws fall short of the minimum recommendations of all Australian Police Ministers, after the 1996 Port Arthur massacre. That is, licences should be refused/cancelled when there is ANY conviction for an offence involving violence within the past five years.

This year, the Democrats put forward an amendment to the Firearms Act under which:

1. anyone convicted of an intentional act of violence in the past five years would be ineligible to obtain a firearms licence, and
2. anyone convicted of an intentional act of violence would automatically lose their firearms licence and have their guns confiscated.

The amendment had the support of the Australian Medical Association (SA branch) and the Victim Support Service. But on 4th August, Liberal and Labor MP’s voted together, against the Democrats, to reject the proposal.  Labor said the amendment would place "a further impost on gun owners."

"l am astounded that both Liberal and Labor parties believe that people who have been proved violent, beyond reasonable doubt, can still, in some circumstances, be entitled to own and use a firearm," Mr Gilfillan says.

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