SYDNEY lawyer and former prosecutor and high ranking police adviser, Richard McDonald (McDonald Law), will on Monday attempt to get politicians to see reason instead of the knee-jerk legislative reactions that further erode the lawful rights of firearm owners.
“The question currently being asked, including by the Prime Minister today and the Minns Government, is, ‘Why would anyone living in the Sydney suburbs own more than one firearm, let alone six firearms? What is the possible justification?’” says Mr McDonald.
“This is purely speculative nonsense, and has overridden and politicised the real issue around a purely negligent immigration system and dysfunctional policy that recklessly exposes the risk to public safety.
“The short answer about owning multiple firearms is that postcode and firearm count are not the legal test.”
McDonald points out that under the NSW firearms framework and the objects of the Firearms Act 1996, the question is whether the person is fit and proper, whether they have a recognised genuine reason for the licence category, and whether they comply with their obligations, especially safe storage.
“If those criteria are met, the fact that someone lives in the suburbs is neither suspicious nor decisive of their risk to the public,” he says.
“I have said previously that governments can pass laws. Courts can punish after the fact. Police can respond when something has already gone wrong.
“None of that stops a crime in the moment it occurs. None of it stands between you and danger when the seconds matter. None of it guarantees protection when help is minutes away or never comes at all.
“The fact that a lawful firearm owner did what he did on Sunday at Bondi, no legislation could have prevented, even a total ban could not have prevented what happened. Because criminals find a way!
“In my over two decades as a police officer, police prosecutor, and adviser to the State Crime Command and the Commissioner of Police, and now as a firearms advocate for lawful firearms owners, I know this, and so do my former colleagues.
“Laws and buy-back schemes, and personal firearm quotas for lawful gun owners do not matter to criminals intent on doing harm in our community. They ignore them, they don’t give a stuff, especially if they are ideology-bound to create harm.
“It is well settled that prohibition does not work. It continues to not work.”
McDonald listed some ordinary, lawful reasons for a metropolitan licence holder having multiple firearms.
Sport and target shooting: Different disciplines and competition classes often require different firearms. One setup rarely covers everything. Rimfire and centrefire. Different actions. Different calibres. Different sights or optics. Different range purposes.
Hunting or pest control on lawful property: Many people who live in Sydney travel to rural properties, own rural properties, or have approval and permissions to shoot on rural land. Where you live does not limit where you can lawfully use a firearm.
Practicality and maintenance: Firearms need servicing and repair. Competition calendars do not stop because your only firearm is in the workshop. A spare or alternative setup can be entirely sensible.
The Argument and the Assumption: An assumption like, “Why would anyone want six?” is not evidence of intent to commit wrongdoing in the future. It is an opinion, speculative at best. Decisions should be based on appropriate, rational criteria and actual evidence about the person and their compliance.
“Again, legislation is a blunt instrument and cannot account for all contingencies, and those with criminal intent in their hearts do not care how restrictive laws are; they break them as most road users go through a red light.”
McDonald advises firearm owners who are questioned about how many firearms they have to use an “evidence-based and straightforward approach”.
He says owners should list each firearm, link it to its lawful purpose, provide proof of club membership and attendance, competition entries, permissions where relevant, and clear evidence of compliant storage.
“On Monday, I will be going to the NSW Parliament to fight for lawful gun owners and try to stem the ignorance around lawful gun ownership. Facts over feelings and evidence over assumptions,” he said.
