Owen Guns Bulletin Edition 80 May 2013
CALL TO REMOVE QPS IMPOSED PTA $32.20 FEE & PTA FORM.
I Won’t Be On The Police Minister Christmas Card List After He Reads This.
http://www.abc.net.au/news/2013-04-30/qld– gun-amnesty/4660422
Tue Apr 30, 2013 1:49pm
I normally don’t bother you with a Bulletin until the end of the month, but because of the response of the Minister of Police to our call for the ending of the PTA debacle, due to the Amnesty example proving that it was legislatively un necessary, I had to report this to you, so you could immediately respond.
On Tuesday the last day of the Queensland Firearm Amnesty I was invited to make a pre recording for the ABC News. (See Link above) It was only for a few minutes and I wanted to establish that the main point of the Amnesty was the fact that the Queensland Police Service could allow firearms to be registered to Shooters licences by licenced dealers. That 10,900 had been done that way in the previous 3 months it was the major function and activity of the amnesty. I pointed out that, no legislation changes were needed if it was possible for the previous 3 months it was possible to continue this system indefinitely and do away with the imposition of the Permit to Acquire system which for each registration cost $32.20 and in many cases many weeks wait, and expends many hours of police department staff.
Neroli Roocke the radio journalist was right on the ball, she understood perfectly that if it was possible for the registration to be done on the spot, with no change to the legislation and for that to be carried out for 3 months then the delayed PTA system was just an imposition, like a fine for being innocent. I explained to her that the Amnesty proclamation was just a provision in the Weapons Act 1990 section 168B that had not changed any legislation on registration or the paperwork involved, that the PTA was just an application fee and form and that it was only up to the Queensland Police to demand it. Obviously, they had just proved that they could function without the PTA, without any legislative changes. So why at the end of the Amnesty should the Queensland Police impose it on the public of Queensland. There was no date in the legislation for the removal of the PTA system and then imposed it again on the 1st of May 2013, as the legislation itself does not impose it at all, it is just a requirement of the Queensland Police and the Regulations only allow the $32.20 fee to be charged for the application.
At about 1.45 she had the Minister for Police Mr Jack Dempsey one air, he made statements such as,
“People are bring in 202s to 303s, single repeat firearms, after today if your caught with a concealable in your possession you will be going to jail for a minimum of one year. He said that the busiest section had been in North Coast area, other wise pretty even. The majority have come into licenced Dealers.
Then Neroli Roocke played him an edited and shortened recording of her discussion with me. I described the two systems the PTA, pay $32 and wait and the one registration form for the amnesty where a dealer establishes that they the category of firearm is on the licence and then fills out the form with firearm details, fax’s it away to QPS, gives the customer a copy and customer leaves with his firearm.
Neroli Roocke said,
“Mr Dempsey what do you think about making that change, getting rid of the Permit to Acquire for existing licenced gun owners”
Jack Dempsey said,
“There are certain aspects, I actually agree with Mr Owen in relation to getting rid of some of the bureaucracy, and that’s what they have done since we have got in to government, we set up for the first time in Queensland a Weapons Advisory Panel, that actually meets in with the Federal Advisory Panel and a part of that Panels constant meetings is getting a balance without compromising the stringent checks and balances required to get a licence.”
Neroli Roocke,
“I guess he says it has been working for three months, can it continue as a permanent change.”
Jack Dempsey,
“Then that’s exactly what we are looking at, as because we are modernising the computerising of the applying for a licence when we want to maintain the high standard. But the process of getting a licence we want to shorten because we understand there are still ways to improve it and will continue to look to improve it.”
Well that all sounded great, didn’t it? I had a few phone calls from people who thought that we had won, it would all happen Congratulations all round.
Unfortunately, once I had heard the recording of what Minister Jack Dempsey said, I realised it was just another fob off, that he did not understand anything about the Weapons Act legislation that he imposes on us. By what he said, even if he had the good intentions, he was to remote from our reality to act for us. He would only listen to his advisors, the Queensland Police Force. We had a politician here in Gympie some years ago, He was called, “The Mirror” as for twenty years when ever he was asked a question on anything , his answer was, “We are looking into it”.
This has been our best chance to remove the PTA system, as the example has now been well set. The only real mention of the Permit to Acquire System is in
Part 8 of the Weapons Regulation 1996 Section 55 Applying for permit to acquire
“An application for a permit to acquire may be made only— (a) at a police station or police establishment; or (b) in a way published on the QPS website including, for example, by submitting the application online.”
As this is not restrictive, it does not prohibit any other method of registration, this allows the Queensland Police to approve of any other method of registration that suits them. That is why they could accept registrations on the spot by Dealers, or by police stations during the Amnesty.
If our Police Minister had known this and truly wanted to cut the bureaucracy and expense out of his public service he could have said that, he could direct the Queensland Police Service to accept on the spot registrations from licenced firearm dealers, from that day on.
Of course, by either ignorance or guile he misled the listener’s as that 1 year mandatory jail sentence does not appear for just possession of a concealable firearm, the nearest to it in the Weapons Act is
50A Possession of unregistered firearms
(1) A licensee must not possess an unregistered firearm.
Maximum penalty, 120 penalty units.
Jack Dempsey mentions the Minsters Advisory Panel and says, “we set up for the first time in Queensland a Weapons Advisory Panel.”
There were Minister Advisory Panel on firearm legislation prior to the Weapons Act of 1990 and the Minister Advisory Panel was first legislated in Weapons Act 1990 in section 150 in amendment No. 41 section 27 1996. How could he Police Minister believe that his was the first? It never done much, but they have been meeting for years.
Jack Dempsey states, the Advisory Panel “that actually meets in with the Federal Advisory Panel.” I phoned and asked one of the panel members, he stated, “No they have not met with any Federal Advisory Panel”.
Even if they did, it would be totally incorrect for any influence on our State laws. We pay the Minister and our members of parliament to represent the people of Queensland and to do our bidding, they are not there to represent the wishes of the Federal government or its advisory panel.
Jack Dempsey states, “and a part of that Panels constant meetings is getting a balance without compromising the stringent checks and balances required to get a licence.” That would be nice, but is it misleading as the Panel is not “constant” it has not met since December 2012 and without notice cannot meet before June. Jack Dempsey says he is considering it, but in reality it is obvious that he will do nothing until we bring further attention to this imposition. The Queensland Police are basically imposing a $32.20 fine on every firearm transaction at their own violation. The Police who read the Weapons Act must be smugly laughing at us all. Please all contact your shooting organisations, you pay your dues ask them, what are they doing to protect your sport, your hobby and your way of life, have they made a submission to remove the PTA system? Could you see it please?
Please contact your local members of parliament and explain it to them. Don’t leave it for the others, only count on yourself as our complacent brothers and sisters are the real cause of our bondage. We all have to inform our shooting mates and motivate them.
Turn the Lambs into Lions let them know that they are being Fleeced.
Send and email like this just change your address or the words.
Firearm Owners Association of Australia.
24 Mc Mahon Rd, Gympie, 4570
b3969976@spiderweb.com.au
07 54825070
Hon Jack Dempsey MP Member for Bundaberg Minister for Police and Community Safety
GPO Box 15195, City East QLD 4002 Brisbane QLD 4000 tel: 323 90199 fax: 3221 9987
Submission. Please Remove the QPS Imposed $32.20 Fee and Application Form.
Dear Sir,
Could you please reply and inform me why you have not yet directed your Department of the Queensland Police to register firearms to Queensland Shooters Licences without the Permit To Acquire and $32.20 fee? Why cannot Licenced Firearm Dealers register our firearm acquisitions in the same fashion as the 10,000 plus firearms registered between February to April 30th 2013, ‘On the Spot’, replacing the Permit to Acquire system? Please do not waste yours staffs time and our time with side stepping blather. As in your comments on ABC radio Tuesday 30th April, Re- Ministers Advisory Panel, which has not met for six months and if you don’t call the meeting will not meet at all. This has nothing to do with the panel, the Queensland Police have proved that they chose to either impose the PTA requirement, or not. Are you in charge of the Queensland Police, or not? If not please resign, so someone else can do the job properly. Please reply as soon as possible?
Yours Ron Owen.
President.
Please forward a copy of whatever you send to your local member of parliament, we must keep them informed of what is going on.
Ron Owen
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