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When is a gun not a gun?

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August 12, 2016

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When is a gun not a gun? The ACT Court of Appeal recently wrestled with this question in a judgment that has meant the Office of the Director of Public Prosecutions has now discontinued a number of firearms cases against Canberrans. A Full Appeal Court (Refshauge, Burns and Wigney JJ) upheld a judgement of Justice Penfold, who had found in the Supreme Court that a replica or imitation firearm was not “a firearm” – despite the Firearms Act spelling out that “an imitation or replica of any firearm” was “a prohibited […]

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