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All or nothing: the legal dilemma of identifying a firearm in Australia

Citation

Diprose Adams, SHG, All or nothing: the legal dilemma of identifying a firearm in Australia, University of Western Australia Law Review, 47, (2) pp. 376-408. ISSN 0042-0328 (2020) [Refereed Article]

Copyright Statement

Copyright 2020 the author

Official URL: https://www.law.uwa.edu.au/__data/assets/pdf_file/...

Abstract

There are considerable policy and legal uncertainties around what constitutes a firearm in Australia. These uncertainties are exacerbated by new technologies such as 3D printing. This article traces the origins and developments of the dilemma faced when trying to identify what constitutes a firearm under various statutory definitions. At its core is the question of whether a firearm is the sum of each individual part at a given point in time. This article is the first to identify the origins and characteristics of the dilemma and serves as a resource to assist courts, practitioners, and law enforcement in their efforts to identify whether an object is a firearm. If society is to maintain confidence in the ability of institutions to regulate firearms and to regulate them consistently across jurisdictions there needs to be a broader understanding of, and conversation around, the definition of a firearm.

Item Details

Item Type:Refereed Article
Keywords:firearms, guns, gun control, firearms act, statutory interpretation, firearm parts
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Law and society and socio-legal research
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Legislation, civil and criminal codes
UTAS Author:Diprose Adams, SHG (Mr Samuel Diprose Adams)
ID Code:140627
Year Published:2020
Deposited By:Law
Deposited On:2020-08-31
Last Modified:2021-04-07
Downloads:0

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