A North Queensland cattle farmer has successfully challenged a decision by the Queensland Police Service banning him holding a second licence for a concealed firearm.
Charters Towers grazier Douglas Andrew Hammer was initially refused an application for a second Category H firearm permit by the QPS’s Weapons Licensing division on 28 March 2019.
Mr Hammer – who owns the 15,378-hectare Glendillon Station 200km south-west of Townsville – recently won an appeal against the ban with the Queensland Civil and Administrative Tribunal (QCAT) ruling his application for a concealable firearm licence was a “necessary and genuine occupational” requirement.
Townsville QCAT member Wayne Pennell, in a seven-page written decision, said Mr Hammer already held a concealable firearm licence for a Walther 9mm calibre handgun and sought a second one to obtain a .357 calibre revolver for “use during performance of his employment”.
Mr Pennell said the object of the Weapons Act 1990 was to prevent the misuse of weapons through the regulation of the entitlement for people the use and own firearms in Queensland, and in Mr Hammer’s case police had formed a view there was no justification for him to possess a second concealed weapon.
“(The QPS) rejected any proposition that (Mr Hammer’s) requirement for a second concealable firearm was warranted, and considered that because (he) already has a Walther 9mm calibre pistol and a number of other firearms, his occupational needs could be met through the use of those firearms,” Mr Pennell said.
“This is somewhat puzzling considering that only a few years ago (the QPS) allowed (Mr Hammer) to possess two concealable firearms which (he) used in the performance of his employment and management of the cattle property.
“(Mr Hammer’s) evidence, which I accept, is that notwithstanding the dense vegetation and terrain of his property, he could carry out the requirements of his business as a grazier and primary producer more effectively and safer with a concealable firearm as opposed to a rifle.
“I am also satisfied (Mr Hammer’s) acquisition of a second concealable firearm will not offend the principles as outlined within the legislation.”
Read the full decision.