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Cap on guns, ban on protests during terror events: How Bondi massacre will change NSW laws
A cap on gun ownership, reclassification of pump-action shotguns and a ban on inflammatory protests during terrorism investigations will be among a suite of reforms to give NSW the strictest gun laws in the country.
Premier Chris Minns will also seek to remove the ability of the NSW Civil and Administrative Tribunal to consider appeals once police decide to revoke a gun licence based on criminal intelligence, after concerns police efforts are being thwarted by the courts, when parliament is recalled next week.
The bill, which is yet to be drafted, will reclassify “straight pull-up and pump-action shotguns”, reduce the magazine capacity for shotguns, and ban belt-fed magazines. The premier did not put a number on the proposed cap, but said five firearms, which is the case in WA, is too many.
Minns called for “a summer of calm” and declared he is firmly of the view that any protests after the Bondi Beach terror attack would be “incredibly terrible” for the community.
“My concern is that a mass demonstration in this combustible situation with our multicultural community could light a flame that would be impossible to extinguish,” he said.
“So we’re looking at reforms whereby when there is a terrorism designation in the state, the police commissioner may not accept applications for protests on the grounds that it will both stretch police resources and secondly, add to community disharmony.”
Minns said the rule would not target any particular group, and will apply to all form 1 applications.
The reforms have the support of Jewish Board of Deputies president David Ossip, who accused pro-Palestine activists of flaming division.
“Antisemitism is nurtured and sustained by hate for the Jewish community and our Australian way of life. It has to be tackled at its root cause and we look forward to working with the government on further, urgent measures to combat antisemitism,” he said.
The Palestine Action Group, which regularly organises anti-Israel protests in the city and spearheaded the Harbour Bridge march for Palestine, does not have any rallies planned, but labelled the move a “serious danger to our democratic rights in NSW”.
The Greens have “grave concerns” about the proposal and will push at minimum for a sunset clause to be included.
Pro-Palestine protests have been blamed by some in the Jewish community, including former treasurer Josh Frydenberg, for contributing to the rise in antisemitism.
The Council for Civil Liberties also condemned the proposed limit on protests as a restriction on democratic rights, accusing the premier of conflating criticism of Israel with antisemitism and suggesting “ill-considered law reform on the run”.
“In attempting to restrict protest this way, the premier is further dividing a community that is already trying to heal in an environment worryingly filled with misinformation and hateful rhetoric,” president Timothy Roberts said. “We cannot have a ‘summer of calm’ and ‘togetherness’ with a government eroding our democratic freedoms.”
Removing the ability for NCAT to hear appeals after police “yank” licences from individuals will be welcomed by police, who routinely have their decisions overturned, Minns said.
An analysis of court decisions by the Herald shows licence holders often win on appeal, including a case in 2014 when a man won his bid to have his licence reinstated despite police concerns about his associations to organised crime.
Police told the tribunal that the licence holder’s brother was a high-ranking member of the Comancheros bikie gang, and outlined several associations with crime figures. However, the tribunal found the man was fit and proper to hold a licence and ordered it to be reinstated.
“When you read the NCAT decisions, it is clear that police are being thwarted in their efforts to refuse gun licences – they need stronger powers and the ability to obtain intelligence from intelligence agencies and apply that intelligence in determination about who should and who should not have a gun licence,” Greens MP Sue Higginson said.
NSW Opposition Leader Kellie Sloane yesterday said she would work with the government on reforms, but warned changes to gun laws should not be a distraction from antisemitism.
MPs have been told parliament would return on Monday and Tuesday next week to deal with a bill, but there remained scant detail about the contents of the legislation.
A condolence motion would be read in parliament on Monday, while the substance of the legislation would probably be dealt with on Tuesday.
Bondi Beach incident helplines:
- Bondi Beach Victim Services on 1800 411 822
- Bondi Beach Public Information & Enquiry Centre on 1800 227 228
- NSW Mental Health Line on 1800 011 511 or Lifeline on 13 11 14
- Kids Helpline on 1800 55 1800 or chat online at kidshelpline.com.au
More Bondi terror coverage
- Three days after: What we know about the Bondi terrorist attack
- The victims: ‘Too big for this world’: The father who died a hero at Bondi and ‘went down fighting’ gunman
- Analysis: Police were young and outgunned: Where was the back-up at Bondi?
- Guns in Sydney: The Sydney suburbs with the most guns, as overall numbers rise
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