Dear Mr.

Anderson I appreciate the chance to provide you with legal advice regarding the matter of the suspension on 11 June, 2013 and ultimate cancellation/revocation on 19 June 2013, of your license to use category A/B firearms. To ensure a complete understanding between us, I am stating the pertinent information about the advice that I will be rendering and the facts you provided to me.

Responsibilities I use my judgment in resolving questions where the firearms law is unclear or where conflicts may exist between the administrative authorities. Unless you instruct me otherwise, I will resolve such questions in your favor whenever possible. However, the opinion I express does not bind the Commissioner of Police, the administrator of the Firearms Act. Thus, I cannot guarantee the outcome in the event the administrator of the Firearms Act challenges my opinion. You remain responsible for any fine or related liabilities resulting from an adverse judicial decision. Facts The following facts are based on your written correspondence to me dated June 20, 2013. If these facts are incomplete or incorrect, please let me know right away. You are 54 year old Australian citizen, a farmer by profession and have been using firearms since the age of 12. You have held a licence to use category A/B firearms for twenty years. You require the firearms to control predators and pests as well as for humane killing of sick animals. You are married to Mary, 53 and have no children. According to the documents accompanying your correspondence, your licence was suspended on 11th June 2013 and subsequently revoked on 19th June 2013. These decisions were made following a request by your wife based on the advice and a situational depression diagnosis by your family doctor. Your wife made the request after an event where she claims you were drinking and threatened to commit suicide using one of your firearms. Based on the report of two police sergeants, your licence was suspended on the grounds that you failed to secure your firearms which were hidden by your wife, after the events of the previous night. Later your request for review by the Department of police NSW, reaffirmed the suspension and subsequently revoked your licence. The cancellation cited section 39 of the Firearms Act 1996(NSW). You claim this was not the fact and according to a later report by your wife, she made the call out of her own anxiety and aversion to guns. You state that you have been inspected six times by the visiting officers from the Commissioners office within the twenty year period. You have always secured your firearms in a locked cabinet and your record up until 11th June 2013 was unblemished. Question Would an application to challenge the decision to revoke a class A/B firearms licence based on section 39 of the Firearms Act, NSW, be successful and result in the reinstatement of the licence? Answer According to my research and the facts provided in our correspondence that it is possible to make arguments to challenge the decision by the Commissioner of Police to revoke your license. It is clear that a number of appropriate non-judicial review steps were undertaken following your application for review but failed to produce a positive and desirable outcome. The first step undertaken was to

determine whether you are fit medically to own a firearm by using the medical history and evidence given by your family doctor. The commissioners delegate deduced that you should exercise continuous and responsible control of firearms because of your recent attempt to commit suicide or cause a selfinflicted injury. This action failed to provide a positive outcome since the commissioners delegate did not seek additional medical advice especially from a psychologist, about your condition. Moreover, following the later report by your wife, the commissioner neglected to consider the all the circumstances in the case, such as your wifes state of mind and credibility as a witness. Further, this decision was based on the allegations of you attempting suicide yet it is no longer a criminal offence punishable by lawi. As such, we are of the opinion that you did not commit any offence punishable by law and since you did not threaten the safety of public or property as stated in the revocation letter. The commissioners delegate failed to consider this in the review. The second step was to establish your ability to uphold the licensees safety obligations outlined in section 39 of the Firearms Act 1996. The commissioners delegate made his decision on the account of the sergeants Robert and Azzi who recounted their private conversations with your wife, on the phone and at your house. In the decision, the commissioners delegate cited breach of s39 since your wife, who is authorized to handle firearms, handled your firearms. This step was unsatisfactory since the reference section is vague and subject to statutory interpretations. The more valid section to apply in this case would have been section 40ii.
i

In Australia, the criminal law concerning suicide varies according to the jurisdiction in question. In all jurisdictions, suicide or attempting suicide is no longer a crime and, except in the Northern Territory, the crime of attempted suicide has also been abolished. It is, however, still an offence for a person to assist another person to commit suicide or to attempt to commit suicide, and if the act occurs as part of a suicide pact, the survivor will be guilty of manslaughter rather than murder in Victoria and South Australia, while in New South Wales such a person will be subject to liability for aiding and abetting a suicide or attempted suicide (see, generally, Waller & Williams 1989, para 5.4, pp. 120-1; and Fisse 1990, pp. 131-2) ii Section 40 of the Firearms Act 1996 (NSW) outlines the obligations to safe keeping of Category A/B firearms.