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

journal contribution
posted on 2023-05-20, 17:21 authored by Samuel Diprose AdamsSamuel Diprose Adams
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.

History

Publication title

University of Western Australia Law Review

Volume

47

Pagination

376-408

ISSN

0042-0328

Department/School

Faculty of Law

Publisher

UWA

Place of publication

WA, Australia

Rights statement

Copyright 2020 the author

Repository Status

  • Restricted

Socio-economic Objectives

Legislation, civil and criminal codes

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