Wardrope v Queensland Police Service – Weapons Licensing
[2020] QCAT 409
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- Unreported Judgment
- Wardrope v Queensland Police Service – Weapons Licensing[2020] QCAT 409
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Wardrope v Queensland Police Service – Weapons Licensing[2020] QCAT 409
Wardrope v Queensland Police Service – Weapons Licensing[2020] QCAT 409
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
CITATION: | Wardrope v Queensland Police Service – Weapons Licensing [2020] QCAT 409 |
PARTIES: | DANE Wardrope (applicant) v queensland police service – weapons licensing (respondent) |
APPLICATION NO/S: | GAR237-19 |
MATTER TYPE: | General administrative review matters |
DELIVERED ON: | 26 October 2020 |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Member Cranwell |
ORDERS: | The decision made by the Queensland Police Service – Weapons Licensing on 21 May 2020, to revoke Dane Wardrope’s firearms licence, is confirmed. |
CATCHWORDS: | FIRE, EXPLOSIVES AND FIREARMS – FIREARMS – LICENSING AND REGISTRATION – APPLICATION FOR LICENCE OR PERMIT – OTHER MATTERS – where applicant breached licence conditions – whether applicant’s firearms licence should be revoked Weapons Act 1990 (Qld), s 3, s 29, s 50, s 60 Weapons Regulation 2016 (Qld), s 93, s 94 Misson v Queensland Police Service – Weapons Licensing [2017] QCAT 326 |
REPRESENTATION: | |
Applicant: | Self-represented |
Respondent: | Sergeant D Ayscough |
APPEARANCES: | This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) |
REASONS FOR DECISION
- [1]Mr Wardrope’s firearms licence was revoked on 21 May 2019. The reasons given for the revocation were:
- That on 20 February 2018, the applicant was convicted, found guilty and no conviction was recorded for the following offences:
- unlawful possession of category C weapon
- produce dangerous drugs
- secure storage of weapons – licensee
- possess utensils or pipes
- possess anything used in the commission of crime
- possessing dangerous drugs
- these offences included the production and possession of cannabis, possession of illegal steroid agents and the unlawful possession of a semi-automatic rimfire rifle.
- police also located a category B rifle and a category A shotgun on the top shelf of a wardrobe loaded with ammunition.
- the applicant was issued with a show cause notice.
- the show cause response referred to the applicant’s previous ADF history and the use of cannabis for medical management. It failed to address the unlawful possession of a firearm and possession of illegal steroid agents.
- additionally, the authorised officer considered the applicant’s recent offence of driving while a relevant drug is present in blood or saliva on 14 February 2019.
- [2]Mr Wardrope has sought to have that decision reviewed by the Tribunal.
Legislative framework
- [3]Section 29 of the Weapons Act 1990 (Qld) (‘the Act’) gives an authorised officer the power to revoke a firearms licence. It relevantly provides:
- An authorised officer may, by a revocation notice given to a licensee, revoke the licensee’s licence if the authorised officer is satisfied of any of the following things—
- the licence has been obtained through fraud or deception;
- the licensee has been convicted of an offence against any law in force in Queensland or elsewhere involving the use, carriage, discharge or possession of a weapon;
- the licensee has contravened a condition, participation condition or special condition of the licence;
- the licensee is no longer a fit and proper person to hold a licence;
- [4]Section 50(1) of the Act provides that it is an offence to possess an unregistered firearm:
A person must not unlawfully possess a weapon.
- [5]Section 60(1) of the Act imposes the following condition on a firearms licence:
A licensee who has control of a weapon at a place must keep the weapon in secure storage facilities at the place when a person is not in physical possession of the weapon.
Maximum penalty—100 penalty units or 2 years imprisonment.
- [6]This condition is further particularised in the Weapons Regulation 2016 (Qld) (‘the Regulations’):
93 Firearms to be kept unloaded other than when being used to shoot
- A person who has a firearm under the person’s control (whether or not another person has custody of it) must ensure the firearm is unloaded, other than when it is being used to shoot.
…
Maximum penalty—10 penalty units.
…
94 Storage of particular weapons not in person’s physical possession—secure storage facilities
…
- A person who possesses a weapon must, when the weapon is not in the person’s physical possession, store it unloaded in a locked container complying with subsections (5) and (6), with the weapon’s bolt removed or its action broken.
…
- For subsection (2), the container must—
…
- for any other weapon—
- be a rigid structure made of solid steel or solid timber; and
- if the container weighs less than 150kg—be securely fixed to the frame or floor of a permanent building.
- Also for subsection (2), the container must also—
- have a sturdy combination lock, keyed lock or keyed padlock; and
- always be locked (other than for the time necessary to insert or remove a weapon, or something else, for a proper purpose).
History
- [7]Mr Wardrope was the holder of a category A, B and H firearms licence.
- [8]According to the Queensland Police Service Court Brief, a search warrant was executed on Mr Wardrope’s property on 12 September 2017. The following discoveries were noted:
A further search of the defendant’s garage located an unregistered Category C rimfire rifle in the tool case located on the floor of the garage. This case was located next to a gun safe and ammunition locker that contained the defendants [sic] registered firearms and ammunition. The defendant could provide no lawful excuse for possession of this unregistered firearm.
…
A search of the defendant’s walk-in wardrobe located a loaded Category B rifle and a loaded Category A shotgun on the top shelf of the wardrobe. Both of these weapons were registered to the defendant but were not secured in accordance with the Weapons Act and were loaded at the time of discovery. When questioned the defendant stated that he used the weapons to keep pests away from produce that he grew on his property. The defendant provided no lawful excuse for failing to unload and secure these weapons in accordance with the Weapons Act.
- [9]Mr Wardrope was found guilty on 20 February 2018 of a number of charges, including:
- (a)unlawful possession of weapons category C/E weapon; and
- (b)secure storage of weapons – licensee.
- (a)
- [10]No conviction was recorded, and Mr Wardrope was fined $1,000.
- [11]On 4 June 2020, Mr Wardrope lodged a submission with the Tribunal, which included the following statements:
[A] weapon was stored out of the safe and high up on my cupboard. At this time we had no children and the reason was it was out is that predatory animals attack at night and at 2 in the morning the wild dogs tearing into your sheep won’t wait for you to get your rifle out from another section in the safe, and ammo from a locked container stored elsewhere load it and run out with a torch. Again, this is a case where the laws are not reflective of the occupational necessities required by the very people who produce the food, we all require to live. Having said that I would never do this again and would in future strictly adhere to all weapons storage laws.
…
I have only ever served my country and state with the best intentions and simply wish to live in the country on my farm growing my own vegetables, fruit, sheep, chickens, cattle etc and to be able to humanely kill and eat them, whilst also being able to protect them from predators like foxes, wild dogs, wild cats, feral pigs, deer, etc.
I understand the QLD Police Service is fearful of weapons and having served as a QLD Police Officer know the mindset of the officers that work there. I have no intention of ever hurting anyone and wish to live a simple, sustainable more natural way of life, in which I require the use of some basic firearms to help me in this endeavour. I have already been made to sell all my firearms and have suffered significant financial losses with resulting crop damage and animal deaths due to predation. At this rate and with the impact of the drought, fires and covid-19 in my region our farm will likely go under soon as we have been unable to successfully get out a crop in over 2 years and animal losses have been significant. I have learnt my lesson and will not make the same mistakes again. Please allow me to protect my crops and animals from feral wildlife and to provide food for my family.
- [12]The Queensland Police Service made the following submission:
It is further submitted licence holders, and indeed licence holders who are former serving members of the police service, are ambassadors in the community for current and prospective firearms owners and the public must have confidence that individual licensees will perform their functions within the law.
It is the respondent’s submission that the applicant’s attitude to compliance with strict regulations is inexcusably casual in the context of his age and his years of experience as a licence holder, a former member of the police service and a former member of the Australian Defence Force.
- [13]For the reasons which follow, it is unnecessary for me to consider Mr Wardrope’s offending with regard to drugs or steroids.
Consideration
- [14]Mr Wardrope was found guilty of, and has admitted to, contraventions of a condition of his firearms licence for the purposes of s 29(1)(c) of the Act. Specifically, Mr Wardrope failed to store his category A and B firearms in secure storage facilities, and failed to keep them unloaded when not in use. This gives an authorised officer, or the Tribunal standing in their place, a discretion to cancel Mr Wardrope’s firearms licence.
- [15]For completeness, having found a ground for revocation exists under s 29(1)(c), I note that it is unnecessary for me to consider the alternate grounds contained in s 29 of the Act.
Exercise of discretion
- [16]Mr Wardrope has admitted that he stored his category A and B firearms on top of a cupboard for the purposes of convenience. I consider that this was a deliberate decision rather than an act of inadvertence.
- [17]While Mr Wardrope has stated that he would strictly adhere to all firearms storage laws in the future, I place little weight on this statement. Mr Wardrope has stated that he wishes to have a weapon to protect his stock from predatory animals, but at the same time has strongly submitted that the laws relating to storage inhibit his ability to do this. I consider that Mr Wardrope’s statement was likely made with a view to seeking to improve his position before the Tribunal in these proceedings
- [18]I note that Mr Wardrope was also found guilty of the possession of a weapon in breach of s 50 of the Act, although no conviction was recorded. Specifically, he was found in possession of an unregistered category C firearm.
- [19]I accept that Mr Wardrope will suffer some inconvenience in not having a firearms licence, in that it will be more difficult for him to control predatory animals on his property. However, the principles of the Act include a statement in s 3(1)(b) that “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”.
- [20]In considering the concept of public interest, Member Maclean-Williams observed Misson v Queensland Police Service – Weapons Licensing [2017] QCAT 326 at [13] that:
the concept of public interest must include public confidence in members of the police service upholding the requirements of the Weapons Act, these having been set by the Legislature as the normative standards for responsible gun ownership and use in the community.
- [21]I would extend this comment to former police officers.
- [22]It is trite to state that unsecure storage of firearms, as well as possession of unregistered firearms, gives rise to a risk to public safety. Mr Wardrope’s history as a former police officer places him in a position to better appreciate these risks than most other members of the community. Given his background, I consider that Mr Wardrope’s casual attitude to compliance with the storage and possession of firearms, and the risk that this gives rise to, outweighs any inconvenience to him. I will exercise the discretion to revoke Mr Wardrope’s firearms licence.
- [23]The decision under review is affirmed.