Bottomley v Commissioner of Police

[2005] NSWADT 211

CITATION:	Bottomley v Commissioner of Police, New South Wales Police [2005] NSWADT 211
DIVISION:	General Division
PARTIES:	APPLICANT Andrew Lindsay Bottomley RESPONDENT Commissioner of Police, New South Wales Police
FILE NUMBER:	043407
HEARING DATES:	13 May 2005
SUBMISSIONS CLOSED:	05/13/2005
DATE OF DECISION:	09/15/2005
BEFORE:	Montgomery S - Judicial Member
APPLICATION:	Firearms Act - firearms licence - revocation of licence or permit
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Firearms Act 1996
CASES CITED:
REPRESENTATION:	R Nicol, barrister P McLaughlin, solicitor
ORDERS:	The decision under review is affirmed.

1 Mr Bottomley held a Category ABGH Firearms licence and a permit to collect Ammunition under the Firearms Act 1996 (“the Act”). He has held licences since 1975. Mr Bottomley's licence was suspended on 25 October 2002 as a result of the police applying for an Interim Apprehended Violence Order on behalf of his then partner. The Interim Apprehended Violence Order was ultimately revoked on 7 February 2003.

2 The licence and permit were revoked in August 2004 because the Commissioner was of the view that it "would not be in the public interest for Mr Bottomley to continue to hold a firearms licence and have access to firearms. It is alleged that Mr Bottomley failed to comply with the safe storage requirements of the Act and that a firearm in Mr Bottomley’s possession was altered to convert it into a prohibited firearm for which he intended to gain financially by deceit.

3 A general firearms amnesty applied from 1 October 2003 until 31 March 2004. It is not in dispute that Mr Bottomley took a number of pistols to the Gosford Showground mobile buyback site on 21 December 2003. He surrendered some of those pistols, which were prohibited pistols under the amended legislation and was compensated. He also took with him a Baikal Margolin semi automatic pistol that he did not surrender. On 31 March 2004 Mr Bottomley then attended the buyback site situated at Parramatta with a number of pistols and a barrel, one of those pistols was the Baikal Margolin semi- automatic pistol that had been shortened. Mr Bottomley stated that Hans Heim, a gunsmith, who traded under the name HHH Gunsmith at Hornsby had shortened the pistol. Mr Heim denied having done so.

4 Mr Bottomley was arrested and charged in relation to the alleged shortening of the firearm. Police executed a search warrant on his mother's premises and seized his licensed firearms and pistols. While conducting the search police located a 50-calibre bullet and three 45-calibre bullets and a barrel of a rifle. The barrel was found on the floor of Mr Bottomley's bedroom. These items were not secured in a locked security cabinet.

5 Mr Bottomley was not charged with respect to the allegation that he attempted to obtain money by deception or with any offences in respect of the barrel and ammunition found in his bedroom. Mr Bottomley attended the Chatswood Police Station shortly after the items were seized and provided explanations to the police.…