Key Takeaways:
- The New South Wales Minns Labor government has passed changes to gun laws and new powers for police to ban street protests for up to three months.
- The laws were passed in response to the 14 December massacre at Sydney’s Bondi beach, where two gunmen fired on a Hanukah event, killing 15 people.
- The new laws restrict gun owners to owning four guns, while farmers and professional shooters are restricted to 10 weapons.
- The state police commissioner will have powers to ban protests on the streets of NSW for 14 days and up to three months, once a terrorism determination has been made.
- The Greens and other groups have criticized the ban on protests, arguing that it restricts civil liberties and freedom of assembly.
Introduction to the New Laws
The New South Wales Minns Labor government has passed controversial changes to gun laws and new powers for police to ban street protests for up to three months. The laws, which were drafted in response to the 14 December massacre at Sydney’s Bondi beach, where two gunmen fired on a Hanukah event, killing 15 people, were voted through at 2.51am on Wednesday. The omnibus bill passed with 18 votes in favour and eight against, with the Liberals joining the Labor government members in voting for the bill, while the Nationals and Shooters voted against. The Greens members abstained from voting.
Details of the New Laws
The new laws mean that the state police commissioner will now have powers to ban protests on the streets of NSW for 14 days and up to three months, once a terrorism determination has been made. Gun laws have also been tightened, with gun owners now generally restricted to owning four guns, while farmers and professional shooters will be restricted to 10 weapons. Gun owners must also be Australian citizens. Firearms that allow multiple shots without reloading, similar to those used by the alleged shooters, will also be banned, and gun licenses will need to be renewed every two years, allowing greater scrutiny by police. Appeals against refusals by police to grant a license will also be curtailed.
Reactions to the New Laws
The bill, which included amendments to multiple pieces of legislation, was criticized by both progressives and conservatives. The Greens, who were vehemently opposed to the ban on protests, were torn as they have long advocated for stronger gun control. Greens MLC Sue Higginson said, "I thought the recalling of Parliament to take this action was reasonable… But partisanship and division have clouded out the capacity for leadership from these individuals, and the anti-protest provisions of this bill are a departure from the fundamental principles of peace, non-violence, and good governance." On the other hand, the NSW Shooters, Fishers, and Farmers party and the NSW Nationals led opposition to the tougher gun controls and attempted to delay the bill’s passing through the upper house by moving dozens of amendments.
Concerns about Civil Liberties
The debate also raised concerns about the impact on civil liberties, particularly the freedom of assembly. Upper house member Stephen Lawrence, who is also a barrister specializing in public law, told parliament that he believed the laws would limit the implied freedom of political communication in the Australian constitution. He argued that the provision allowing a "public assembly restriction declaration" or "Pard" to be made if there is a concern for public safety would be satisfied "by any large protest at any time". He added that changes giving police move-on powers if a person is obstructing another person or traffic under a Pard would also capture crowd behavior at most protests.
Impact on Farmers and Gun Owners
The Nationals’ Sarah Mitchell raised her concerns about the impact on farmers, whom she said had not been properly consulted. Ten guns might be enough for some farmers, but that limit might not work for all, she said. The NSW Shooters, Fishers, and Farmers party also pointed out that licensed firearm owners did not radicalize the alleged offenders and that the blame for the atrocity does not rest with them. They argued that the government had failed to address the root causes of the problem and was instead targeting law-abiding citizens.
Conclusion
In conclusion, the new laws passed by the New South Wales Minns Labor government have sparked controversy and debate about the balance between public safety and civil liberties. While the laws aim to prevent similar tragedies in the future, they also raise concerns about the restriction of freedom of assembly and the impact on farmers and gun owners. As the Greens and other groups prepare to challenge the laws in court, it remains to be seen how the laws will be implemented and whether they will achieve their intended goals.
