Are some Queensland Police right in claiming magazines are ‘major components’ of firearms?
Last month, the Loose Cannon of Sporting Shooter Magazine raised an interesting – and very serious – issue about the advice given by some Qld Police to licensed shooters.
I was recently approached by a Queenslander who was cautioned on a firearms safety awareness course about the practice of Queensland Police to treat a loaded magazine as a firearm. Can they do this?
There is more at stake here than how you store ammo. If magazines are a ‘major component’ of a firearm, then every magazine ever separately purchased has been purchased without a PTA and the buyers and sellers would be committing serious offences. That scenario sounds like the sort of madness you’d expect to read in the National Firearms Agreement 2017.
We raised this issue with Weapons Licensing Branch: are some Queensland Police right in claiming magazines are ‘major components’ of firearms? Are we all criminals?
Ballistics Unit have provided Weapons Licensing with clear and concise information relating to magazines, ‘they would not be considered a major component part of a firearm’.
At this point in time, at least, we’re told magazines are not to be treated as major components of a firearm.
Full email history
From: <WeaponsLicensing@police.qld.gov.au>
Date: Tue, Aug 29, 2017
Subject: Status of magazines
To: [LAFO volunteer]
[LAFO volunteer]
I acknowledge you email regarding the Browning Buckmark.
I refer you to our previous email regarding the classification of magazines as major component part of a firearm. Queensland Police Service, Ballistics Unit have provided Weapons Licensing with clear and concise information relating to magazines, ‘they would not be considered a major component part of a firearm’.
A magazine from a Browning Buckmark would not be considered a major component part, hence the magazine for it would not be deemed a registerable item and would not require a PTA.
Should you require any further information please do not hesitate to contact Weapons Licensing.
Regards
Sergeant
Senior Inspections Officer
Weapons Licensing
Specialist Services Group
Queensland Police Service
_____________________________________________________
From: [LAFO volunteer]
Sent: Tuesday, 15 August 2017
To: Weapons Licensing[ADMIN] <WeaponsLicensing@police.qld.gov.au>
Subject: Status of magazines
Dear Sgt [Surname]
Thanks for your clear and direct advice, which is much appreciated.
I own a pistol with a magazine safety in the form of a Browning Buckmark. I acquired several magazines for the pistol without a PTA. Have I committed an offence by acquiring the magazines as major component parts without a PTA? Should I surrender the magazines to a dealer and have them registered to my license through the current Firearms Amnesty?
On these points, your advice would be most sincerely appreciated.
Kind regards
[Signed]
On 15 Aug. 2017, <WeaponsLicensing@police.qld.gov.au> wrote:
[LAFO volunteer]
I acknowledge your email dated the 10/08/2018 regarding firearm magazines.
Ballistics Unit, Queensland Police Service have provide us with the following information/interpretation relating to a magazine as defined in the Weapons Act 1990:
‘The broad definition of ‘major component part’ in the Weapons Act, the Ballistics Unit does not consider a
magazine as a major component part. Although a firearm which accepts a magazine could be considered incomplete if one was absent, in most instances a magazine (unless it has a magazine safety) is not necessary to discharge the firearm. It is in the same vein as a stock which would make a firearm incomplete but still capable of firing (albeit uncomfortably)’.
With regards to the storage of ammunition I refer you to the Department of Natural Resources and Mines who administer the Explosives Regulation 2003. Section 85 and 86 of the Explosives Regulation 2003 set out the provisions relating to the storage of ammunition. I encourage you to contact the Explosives Inspectorate via explosives@dnrm.qld.au
Should you require any further information please do not hesitate to contact Weapons Licensing.
Sergeant
Senior Inspections Officer
Weapons Licensing
Specialist Services Group
Queensland Police Service
_____________________________________________________
Sent: Thursday, 3 August 2017
Subject: Status of magazines
Dear Weapons Licensing,
Issue
I write to seek your view: are firearm magazines ‘firearms’ for the purposes of the Weapons Act 1990 (Qld)?
A solicitor practising in firearms matters recently raised the proposition that Queensland Police were treating magazines as firearms and suggesting that people may be prosecuted for storing ammunition loaded in magazines even where the magazines themselves were securely and appropriately stored.
The solicitor raised the point that the meaning of ‘firearm’, by statutory prescription, includes a ‘major
component’ of a firearm. He goes on to suggest it is at least arguable that magazines are major components of firearms and that, ultimately, one cannot lawfully keep firearms loaded.
The necessary consequences of this view
I am not at all sure that a magazine is a ‘major component’ of a firearm, but let’s suppose that a magazine is a major component of a firearm. In that case, I note that a firearm is a ‘weapon’ (sch 2 to the Act). A pistol magazine would be a ‘major component’ of a firearm. ‘Firearm’ includes a ‘major component’. ‘Weapon’ includes a ‘firearm’. A pistol magazine is therefore, itself, a Category H weapon. Likewise, a rifle magazine would be a Category A, B, C, D or R weapon depending on which sort of rifle it fits.
Acquiring a weapon without a Permit To Acquire is an offence (s 35) and so everyone who has ever purchased a magazine in Queensland would not have a PTA and thus have committed a serious offence. Equally, all the dealers selling magazines to people without PTAs would have committed serious offences. There are, plainly, serious consequences if Queensland Police are taking the position that ‘magazines’ are ‘major components’ of firearms.
What is QPS position on firearm magazines? Are they major components?
Thanks for your attention to this important issue.
Yours faithfully,
[Signed]