[Bruce in West Oz]

Paintball is illegal here in Western Australia. Police have generally turned a blind eye to it, as it causes no problem.

However, they decided (for some reason) to make a test case and charged a paintball operator with unlwful possession of 22 unregistered firearms -- that is, 22 paintball projectors.

The case duly went to court, and the magistrate ruled that (a) a paintball projector is not a "firearm" by definition and therefore not subject to the Firearms Act; and (b) the defendant had no case to answer.

"All right," said the police spokesman. "We will appeal the case; we will lobby the Police Minister to have the definition changed to include paintball guns (sic) and despite this ruling, we will continue to prosecute anyone we catch participating in paintball, because it is illegal to point a firearm at another person!" (Hang on -- it's NOT a firearm ...........)

Nice to know the police here now MAKE the law as well as enforce it! :fire:

Bruce

[hammer4nc]

I'm a little confused by your post. The statement:
Paintball is illegal...
would seem to be at odds with the judge's order:
a paintball projector is not a "firearm"...
As a matter of settled law, unless there is another statute on the books making paintball illegal, that you haven't mentioned; i.e., now the police are "reaching" for more serious charges?

As much as I hate to admit it, here's a case where a good civil attorney would make this rather talkative "police spokesman" cease his lawmaking aspirations, by way of a sizeable lawsuit against his department (perhaps convincing hundreds of paintballers to show up at police HQ with their projectors, asking to be arrested?). Of course, that's using US sensibilities to sue at the drop of a hat...I don't know the customs down under.

Sounds like the tide is going out on aussie gun rights, what a shame...and a warning for other countries.

[El Tejon]

Hmmm, how about fingers? Like kids on a playground.

[Oleg Volk]

That's a nice way to foster respect for the laws and for those who enforce them. :rolleyes:

[Bruce in West Oz]

hammer4nc

Mate, I'm no lawyer, so forgive me if my response is a little simplistic.

Paintball is illegal in Western Australia because (a) the police defined a paintball projector as a firearm -- and you have to be licensed and registered etc. etc. to own a firearm here, and (b) even if you could get a paintball projector licensed, it is illegal to point a firearm at another person; hence, paintball could never be legal here.

As to the judge's ruling, this only happened some 24 hours ago, so no-one knows the implications as yet. That ruling could well be overturned on appeal. If it isd overturned, I would not like to be the original defendant, being found guilty of possession of 22 unregistered firearms could see him losing his business, his home and doing time in jail.

I know the police department has been sued before, but you're a brave man, Gunga Din, if you want to take on the entire Crown Law Department (who back the police and other government departments). In any case, the state government -- an anti-gun government -- could simply change the legislation. (They would receive no opposition from any other politicians, only one of whom is even vaguely pro-gun). The person suing would then be in a no-win situation.

Oleg
Absolutely!!

Bruce

[Nightfall]

This is a lesson that should be told loud and clear: Let the ball roll on firearm restrictions, and it will never stop.

[Pendragon]

Did I understand that right - the Aussie Gov can appeal an acquittal (!!!!!)

If you need help bustin out, I am sure we can round up a crew...

[gun-fucious]

watch out for broadening definitions of "firearm" or "gun"

a projectile launched down a barrel by the force of a gas
is a firearm in my county

Gun or firearm: Any rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic.

i think a spitwad could qualify