August 15, 2014 FIELD AND GAME AUSTRALIA INC.

Submission to the Legal and Constitutional Affairs References Committee Inquiry into ‘The Ability of Australian Law Enforcement Authorities to Eliminate Gun-Related Violence in the Community’ [email protected]

Field and Game Australia Inc. (FGA) was formed in 1958 and over the last 56 years has established a proud record of achievement in conservation and education of members so that they can pursue target sports and in an ethical and safe manner. FGA has also worked with Federal and State Governments across Australia to advocate for legitimate firearm ownership by contributing to policy and legislation development on a range of issues including animal welfare, public land management, international conservation treaties, game management and firearms law.

FGA has made some comment on each of the committee’s terms of reference, however the majority of matters described in this submission are under ((h) any related matters).

FGA respectfully requests that these comments on related matters be included in the committee’s inquiries.

Please feel free to contact FGA should you wish to discuss further any points of this submission and if required, we are available to appear before the committee to speak to this submission.

Yours Sincerely,

Bill Paterson Chairman

Field and Game Australian Inc. Submission – ‘The ability of Australian law enforcement authorities to eliminate gun-related violence in the community’ August 15, 2014. Page | 1

A. the estimated number, distribution and lethality of illegal guns, including both outlawed and stolen guns, in Australia;

FGA Response:

1. FGA represents the interests of legitimate licensed firearm owners. We are unable to comment on the ‘…number, distribution and lethality of illegal guns…’ because very little verifiable data is publicly available.

B. the operation and consequences of the illicit firearms trade, including both outlawed and stolen guns within Australia;

FGA Response:

2. From the data we have seen there is very little evidence to suggest that the low number of guns stolen from law abiding shooters are ending up in the hands of criminals. 3. The publicly-reported large thefts of firearms have in the main been from Defence, Police and security company armouries. 4. Only a small number of stolen guns are known to have been used in the commission of a crime or been found in the hands of a person charged with other serious offences.

C. the adequacy of current laws and resourcing to enable law enforcement authorities to respond to technological advances in gun technology, including firearms made from parts which have been imported separately or covertly to avoid detection, and firearms made with the use of 3D printers;

FGA Response:

5. There will always be new developments in firearm manufacturing that take advantage of new technologies, this has always been the case. It is also the case that it has always been possible for someone with basic metalworking skills and equipment to manufacture a firearm. 6. The fact remains that it is illegal to manufacture firearms and firearm parts without appropriate manufacturing licences. The question is, how is this relevant to law-abiding firearm owners?

D. the extent to which the number and type of guns stolen each year in Australia increase the risk posed to the safety of police and the community, including the proportion of gun-related crime involving legal firearms which are illegally held;

FGA Response:

7. FGA members mostly have shotguns and rifles and the theft rate on these is extremely low. If used in a crime, these guns have to be heavily cut down in order to be concealed and for the freedom of movement required for use at close quarters. The criminal’s choice of weapon is a high-powered handgun and these are available on the illegal market, for a price.

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E. the effect banning semi-automatic handguns would have on the number of illegally held firearms in Australia;

FGA Response:

8. How is it possible to measure this? The only handguns that would be affected by a ban are the small number of semi-automatic handguns held by licensed owners, this would have no impact on criminals. 9. The UK has totally banned handguns for private ownership (their Olympic pistol team trains in France) yet crimes involving handguns have increased in the UK. This is because criminal networks smuggle handguns into the country as effectively as they do drugs. Removing legal handguns did not reduce the use of handguns by criminals.

F. stricter storage requirements and the use of electronic alarm systems for guns stored in homes;

FGA Response:

10. FGA is not aware of any verifiable data that demonstrates that the small number of firearms stolen from licensed shooters are used in criminal activity. 11. Pistols appear to be the preferred gun of choice for criminals. On the evidence available it appears that pistols account for a very small number of stolen firearms, indicating that those pistols used by criminals have been gained from illegal sources. 12. FGA have 17,000 members and as a part of their membership they have free insurance for their firearms. In the past seven years we have had only four claims for compensation for stolen firearms. 13. This confirms to us that the number of firearms stolen from licensed gun owners is very, very small. 14. We are often quoted numbers of gun thefts by the Victorian Police which have averaged around 350 per year. Recently, and without any substantiation of the number, they have claimed that this has risen to around 800. The stated number of registered firearms in is around 700,000 and even if one accepts the theft figure of 800, the theft rate is 0.1%. If one uses the more believable average of 350, it is 0.05%. If criminals are targeting legally-owned firearms for theft and if we accept the highest figures, then the current storage requirements are remarkably successful with a theft rate of under 0.1%. 15. These figures are supported by what official figures we have available to us. The AIC reported in 2006-2007 there were 2.6 million registered firearms in Australia; and between 2004-2005 and 2008-2009, an average of 1,545 firearms were reported stolen, with around 185 subsequently recovered. Hence, a net figure of 1,360 stolen out of 2.6 million gives a theft rate of 0.05%. 16. The AIC reports that handgun thefts are less than 10% of the 1,500 on average firearms reported stolen each year. 17. There is no guarantee that stricter storage requirements and ‘back to base’ electronic alarms add any effectiveness to firearm security. Indeed, why tinker with a system which is delivering such very low levels of theft? 18. With ‘back to base’ alarms, if the owner cannot be contacted by the security company, the police may then be called and their ability to respond is not guaranteed, particularly in remote and rural areas.

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19. In city areas the police have a policy of not attending private residence alarms due to the high incidence of false alarms.

G. the extent to which there exist anomalies in federal, state and territory laws regarding the ownership, sale, storage and transit across state boundaries of legal firearms, and how these laws relate to one another; and

FGA Response: 20. Australia is a federation and it is to be expected that states and territories will from time to time take different approaches in delivering their responsibilities, taking into account different circumstances, needs and perspectives. 21. That there are legislative and regulatory differences between states and territories is not, of itself, evidence of anomalies. 22. The determination of whether an anomaly between the states and territories exists must be made on a case-by-case basis. 23. The fact that drivers’ licences issued in one state or territory are recognised by the other states and territories but shooters’ licences are not treated in a similar manner, is one case which does not constitute an anomaly. 24. Also, it is widely known that each state and territory has their own unique database systems and those systems only have limited ability to communicate with each other. This was identified as an issue by the Nous Group in 2007 when they delivered the National Firearms Management System: Business case project report for the Victorian Government.

H. any related matters.

FGA Response: The Terms of Reference for this inquiry are limited and seem to be indicating that the source of firearms used in violent crime are coming equally from licensed firearm owners and criminals. The blurring of lines between legitimate firearm ownership and criminal use is not supported by Australian Institute of Criminology reports.

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OTHER RELATED MATTERS

These following matters should be investigated by the committee during this inquiry. 1. AUSTRALIA’S UNDERLYING DRUG PROBLEM AND ILLEGAL FIREARMS:

a. The committee should focus this inquiry into the underlying causes of gun-related violence. Illegal drug use is now presenting as a significant problem in the community and the committee should investigate the underlying social problems at the core of drug culture. b. Violent crimes with firearms are in most instances linked to illegal drugs. Illegal drugs have to be smuggled into the country and those who do so are skilled at it, and easily extend their activities to include guns. c. Most publicised drug raids uncover caches of firearms – more resources need to be allocated to drug detection. d. Huge resources are spent in the jurisdictions on administration of the firearms licensing systems, mainly on registration of Category A and B firearms, very few of these firearms are used in criminal activity and includes pea rifles, paintball guns and air rifles. e. Recently Canada abolished it’s Firearms Registry as it saw the cost of operating it was not justified by any real benefits. f. Handguns are the preferred firearm for committing crimes. A portion of this funding resource should be redirected to the illicit drug trade – find the drugs and you find the illegal guns. 2. PAUCITY OF VERIFIED DATA:

a. The reference committee must inquire into the integrity of the firearms licensing and registration data held by Police in the jurisdictions. b. FGA receives phone calls from members almost daily, who have experienced problems registering firearms and removing firearms that they no longer own from their records. c. There is evidence that police registry security has been compromised with details of licence- holders’ firearms ending up in the hands of criminals. d. It is widely known that the quality of data varies markedly between the jurisdictions and this was highlighted in 2007 when the Nous Group was given almost a million dollars by the Victorian Government to provide a business case for a ‘National Firearms Management System’. e. FGA representatives on the working group were told by the Nous consultants of problems with poor data quality in the jurisdictions. f. The error rate in the firearm registries is estimated to be up to 80%. 3. CONSULTATION WITH FIREARMS INDUSTRY AND SPORTING ORGANISATIONS:

a. Since the Commonwealth Firearms Advisory Council (CFAC) was abolished by the Federal Government, there is no longer a forum for the industry and sport to engage with government. b. There has been no consultation by the Federal Government since.

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4. COMMUNITY BENEFITS – BY LICENSED SHOOTERS:

a. The committee must consider the impact on community benefits of any proposed regulatory changes. Licensed firearm owners, particularly hunters, have a long history of voluntary conservation and habitat restoration works. Victoria: b. In Victoria, FGA has a 50+ year history of habitat improvement works, waterfowl research, nest-boxing projects and education of members and the public of the values of healthy wetland habitats. c. In 2002 FGA established the Environmental Taskforce (WET) Trust, a federally registered environmental organisation and charity. The first major project for the WET Trust was the purchase and restoration of 3,500 acre property on the lower Latrobe floodplain at Sale. This project is considered by many to be the largest wetland restoration project in Australia, undertaken by hunter volunteers. Game Council of NSW, Public Benefit 2010-11– Independent Assessment Report by the AEC Group: d. The Game Council’s role in administering game hunting licences in NSW and facilitating wider opportunities for Volunteer Conservation Hunting as a cost-effective technique for game and feral animal control contributes positively to a range of economic, social and environmental outcomes in NSW, including a number of the key goals and directions in the NSW Government State Plan A New Direction for NSW. e. The Game Council’s hunting licences significantly broaden the range of hunting opportunities in NSW to include game and feral animals on public land and game animals on private land. This in turn significantly increases the amount of Volunteer Conservation Hunting in regional and rural NSW, generating the following public and private benefits:

Government:

i. The Game Council and its licensed hunters provide a cost-effective means of game and feral animal control compared with other public programs. The Game Council also provides important and informed policy advice to the Minister for Primary Industries on hunting, and game and feral animal control issues.

Business:

ii. The Game Council and its licensed hunters record a significant amount of expenditure in regional and rural NSW, contributing positively to the growth of regional tourism and the long-term of regional economies.

Hunters:

iii. The Game Council’s hunting licences significantly broaden the range of hunting opportunities in NSW, benefitting the utility of licensed hunters. The Game Council promotes a culture of compliance amongst hunters, providing the necessary training, education, compliance and enforcement which assists with the reduction in the number of hunting accidents and fatalities.

Private Landholders: Field and Game Australian Inc. Submission – ‘The ability of Australian law enforcement authorities to eliminate gun-related violence in the community’ August 15, 2014. Page | 6

iv. The Game Council’s facilitation of Volunteer Conservation Hunting allows for savings on game and feral animal control costs, and improves agricultural production yields and financial returns.

Community:

v. The Game Council’s targeted Volunteer Conservation Hunting programs play a role in reducing the number of road accidents and fatalities associated with game and feral animals. These same programs also reduce the environmental impacts of game and feral animals on biodiversity and land degradation in NSW for the benefit of the community and landholders. vi. Importantly, the Game Council makes a positive contribution to a number of major goals contained in the NSW Government State Plan A New Direction for NSW. 5. ECONOMIC INPUTS BY LICENSED SHOOTERS: Victoria: a. In June this year, the Victorian government released a new study that estimates the economic impact of hunting by Victorian game licence holders. b. The Estimating the Economic Impact of Hunting in Victoria in 2013 report estimates that the total economic impact of game and pest animal hunting by game licence holders in 2013 was $439 million, (3,480 full time job equivalents) and that 60% of hunting expenditure occurs in regional Victoria. New South Wales: a. In quantitative terms for impacts that could be readily determined, the total net public benefit of the Game Council is estimated at $2.763 million in 2010-11, with the total gross public benefit of $5.583 million, far outweighing costs of $2.82 million.

Source: NSW Public Benefit 2010-11– Independent Assessment Report by the AEC Group. 6. SOCIAL COHESION:

a. Participation rates in target shooting sports and hunting are increasing in Australia with participants coming from a wide variety of socio-economic and ethnic backgrounds. The number of licensed game hunters has increased as more and more people are enjoying the hunt and the opportunity to provide food for their families. The popularity of game food programs on television has sparked an awareness of hunting culture in a whole new generation of Australians who often go out as a family group to camp, fish and hunt. b. Target shooting sports are also increasing in popularity and this has followed through to international competition where Australians have always been well-represented and successful. c. At the recent Commonwealth Games in Glasgow, Australian shooters won eight medals (six gold and two bronze). 7. POLICE ADMINISTRATION OF FIREARM REGISTRIES:

a. A serious potential conflict of interest exists where police agencies in the jurisdictions manage firearm registries.

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b. It is public knowledge that police unions treat civilian firearm ownership as an occupational health and safety issue for their members. c. This policy position does not discriminate between legitimate and illegal firearm ownership and use. References used in this submission: NOUS Group, 2007, National Firearms Management System: Business case project.

Victorian Government – Department of Environment and Primary Industries, 2013, Estimating the Economic Impact of Hunting in Victoria in 2013.

AEC Group Limited, May 2011, 2010-11 Game Council of NSW Public Benefit Assessment.

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