Stanway v Queensland Police Service – Weapons Licensing
[2018] QCAT 451
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- Unreported Judgment
- Stanway v Queensland Police Service – Weapons Licensing[2018] QCAT 451
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Stanway v Queensland Police Service – Weapons Licensing[2018] QCAT 451
Stanway v Queensland Police Service – Weapons Licensing[2018] QCAT 451
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
CITATION: | Stanway v Queensland Police Service – Weapons Licensing [2018] QCAT 451 |
PARTIES: | ADAM STANWAY (applicant) v QUEENSLAND POLICE SERVICE – WEAPONS LICENSING (respondent) |
APPLICATION NO/S: | GAR233-17 |
MATTER TYPE: | General administrative review matters |
DELIVERED ON: | 4 May 2018 (ex tempore) |
HEARING DATE: | 4 May 2018 |
HEARD AT: | Brisbane |
DECISION OF: | Member Cranwell |
ORDERS: | The decision of the Queensland Police Service made on 28 June 2017 to refuse to grant an exemption to Adam Stanway is confirmed. |
CATCHWORDS: | FIRE, EXPLOSIVES AND FIREARMS – FIREARMS – LICENSING AND REGISTRATION – APPLICATION FOR LICENCE OR PERMIT – OTHER MATTERS – where applicant seeking exemption to acquire suppressor Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 17, s 47 Weapons Act 1990 (Qld), s 2, s 3, s 4, s 12 Weapons Categories Regulation 1997 (Qld), r 8 Weapons Regulation 2016 (Qld), r 22 |
APPEARANCES & REPRESENTATION: | |
Applicant: | Self-represented |
Respondent: | Senior Constable R Paz Landim |
REASONS FOR DECISION
- [1]Mr Stanway is the holder of a firearms licence and a concealable firearms licence, classes of licence set out in s 12(d) and (f) of the Weapons Act 1990 (Qld) (‘the Weapons Act’).
- [2]On 6 June 2017, Mr Stanway lodged an application for an exemption to enable him to acquire a suppressor. This application was refused by the Queensland Police Service on 28 June 2017.
- [3]Regulation 8(h) of the Weapons Categories Regulation 1997 (Qld) defines “a silencer or other device or contrivance made or used, or capable of being used or intended to be used, for reducing the sound caused by discharging a firearm” to be a category R weapon. This description includes a suppressor.
- [4]There is no provision in the Weapons Act or the Weapons Regulation 2016 (Qld) (‘the Weapons Regulation’) which would ordinarily enable a person holding licences of the classes held by Mr Stanway to possess a category R weapon. Regulation 22(1) specifically excludes category R weapons from the types of weapon authorised to be possessed and used by a concealed licence holder. Similarly, Part 8 of the Weapons Regulation limits the types of weapons which may be held be a firearms licence holders to categories A and B, and in certain circumstances, categories C and D weapons.
- [5]Under s 2(1)(m) of the Weapons Act, the Act does not apply to a person to whom the Commissioner of the Police Service has granted an exemption. Part 26 of the Weapons Regulation prescribes the way in which the Commissioner may grant an exemption.
- [6]Mr Stanway has applied for an exemption on the basis of noise. While I have had the benefit of expert evidence on the issue, his point is a simple one: firearms emit loud noises when they are discharged, and loud noises can lead to hearing damage.
- [7]In determining Mr Stanway’s application, I have had regard to the objects of the Weapons Act set out in s 3, and the means by which that object is to be achieved in s 4:
3 Principles and object of Act
- The principles underlying this Act are as follows—
- weapon possession and use are subordinate to the need to ensure public and individual safety;
- public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.
- The object of this Act is to prevent the misuse of weapons.
4 How object is to be achieved for firearms
The object of this Act is to be achieved for firearms by—
- prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and
- establishing an integrated licensing and registration scheme for all firearms; and
- requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and
- providing strict requirements that must be satisfied for—
- licences authorising possession of firearms; and
- the acquisition and sale of firearms; and
- ensuring that firearms are stored and carried in a safe and secure way.
- [8]I am not satisfied that the objects of the Act would be furthered by increasing the availability of category R weapons. While I understand concerns relating to noise exposure, the difficulty with Mr Stanway’s arguments regarding noise is that they are applicable to all firearms and concealable firearms licence holders, in that all unsuppressed firearms emit a loud noise when they are discharged. As set out above, the Weapons Act and Regulation have not authorised category R weapons to be possessed by those licence holders. It would plainly not further the objects of the Weapons Act to recognise a broad basis for granting exemption to firearms and concealable firearms licence holders to enable them to acquire suppressors.
- [9]I dismiss the application to review a decision filed on 3 August 2017.