Image courtesy Channel 7

Patently absurd nonsense: Judge furious over NSW guns laws, police actions

A NSW judge has described gun laws that define children’s toys as firearms as “nothing short of a disgrace”.

Acting district Court Judge Paul Conlon found Adam Smith guilty of firearms charges under the technicalities of the law but was not pleased that the charges related to possession of gel-blaster toys.

Channel 7 reported that Smith had been refused bail prior to his court appearance and so had spent almost two months in prison.

Judge Conlon removed Smith’s bail conditions and set him free pending sentencing, which the judge suggested would amount to no more than a bond. 

It is not the first time NSW Police have achieved convictions under gun laws when people have been in possession of toy guns, and while the laws have been roundly criticised by shooters and others, police have vigorously defended them on the basis of public safety. 

NSW law has an extremely wide description of what it defines as a firearm and then provides a schedule of items that are exempt from the definition — in other words, most things that fire a projectile (and some that don’t) are considered firearms under the law unless they are specifically excluded by name. 

Gel blasters are therefore considered firearms under the law despite being easy to buy over the internet, entrapping people who think they are buying toys. 

“If you want to make these things illegal, be clear in the legislation,” Judge Conlon told Channel 7. 

During the hearing, Smith said police had broken his shoulder during a raid, another point that Judge Conlon took up. 

“The nonsense that NSW Police go on with is just patently absurd,” he told Channel 7. 

Police footage of the raid of Smith’s home shows one officer describing one of the toys as “a bit sort of heavy duty”.




Like it? Share with your friends!

What's Your Reaction?

super super
fail fail
fun fun
bad bad
hate hate
lol lol
love love
omg omg
Mick Matheson

Mick grew up with guns and journalism, and has included both in his career. A life-long hunter, he has long-distant military experience and holds licence categories A, B and H. In the glory days of print media, he edited six national magazines in total, and has written about, photographed and filmed firearms and hunting for more than 15 years.