NCJ Number
61814
Journal
ADELAIDE LAW REVIEW Volume: 6 Issue: 2 Dated: (JUNE 1978) Pages: 271-283
Date Published
1978
Length
13 pages
Annotation
ALTHOUGH GUN CONTROL LAWS HAVE SCANT EFFECT ON THE USE OF FIREARMS BY PROFESSIONAL CRIMINALS, THE ENACTING OF SUCH LAWS COULD REDUCE THE INCIDENCE OF FIREARMS ACCIDENTS.
Abstract
THE AUSTRALIAN FIREARMS ACT OF 1977 PROVIDES A FRAMEWORK FOR LAW REFORM WHICH MAY REDUCE FIREARMS ACCIDENTS, EVEN THOUGH THE ACT'S OFFICIAL PURPOSE IS THE REDUCTION OF FIREARMS-ASSISTED CRIMES. IT IS UNLIKELY THAT DELIBERATE CRIMINAL MISUSE OF FIREARMS WOULD BE AFFECTED BY LEGAL EXPEDIENTS SUCH AS THE FIREARMS ACT. COMMON EXPERIENCE INDICATES THAT THOSE WHO NEED FIREARMS, WHETHER THEY CONSIDER THEMSELVES PROFESSIONAL CRIMINALS OR FREEDOM FIGHTERS, WOULD NOT BE DETERRED BY SIMPLE REGISTRATION STATUTES. HOWEVER, SURVEYS IN CHICAGO, ILL., AND IN NEW SOUTH WALES, AUSTRALIA, HAVE SHOWN THAT A WIDESPREAD REDUCTION OF FIREARMS AVAILABLE TO THE COMMUNITY SHOULD LEAD TO A REDUCTION IN DEATHS OF UNPLANNED FIREARMS ASSAULTS. WESTERN AUSTRALIAN STUDIES INDICATE THAT YOUNG AND INEXPERIENCED PERSONS WERE INVOLVED IN A DISPROPORTIONATELY HIGH PERCENTAGE OF FIREARMS ACCIDENTS, AND THAT INCOMPETENCY WITH FIREARMS CONTRIBUTED TO 80 PERCENT OF SUCH ACCIDENTS. BETWEEN 55 AND 60 PERCENT OF THE FIREARMS ACCIDENTS IN SOUTH AUSTRALIA OCCURRED BECAUSE GUN OWNERS ALLOWED THEIR WEAPONS TO FALL INTO THE HANDS OF CHILDREN. MANY ACCIDENTS WERE ALSO ATTRIBUTED TO HORSEPLAY OR TO IMPROPER UNLOADING. REGISTRATION LAWS OUGHT TO BE SUPPLEMENTED WITH REQUIREMENTS FOR FIREARMS TRAINING PRIOR TO OBTAINING A LICENSE AND FOR THE DENIAL OF LICENSES TO PERSONS WITH CRIMINAL RECORDS. THE DEVELOPMENT OF THE REGISTRATION SYSTEM AND THE PROCEDURE FOR APPEALING THE DENIAL OF A FIREARMS LICENSE ARE DESCRIBED. TABULAR DATA AND FOOTNOTES ARE PROVIDED. (TWK)