Consultation is closed as of 3 July 2023
SAPOL is reviewing the submissions to examine possible legislative amendments to the Firearms Act 2015 and Firearms Regulations 2017 regarding the possession of blueprints for the 3D printer creation of firearms, firearm parts and ammunition.
The manufacturing of firearms, firearm parts and ammunition is regulated by a licencing and registration system authorised under the Firearms Act 2015 and the Firearms Regulations 2017.
Additive manufacturing technology, commonly known as 3D printing, is a growth industry in many fields. It is an affordable and normalised manufacturing process that has moved from established specialist businesses to suburban homes.
To 3D print an item, a person requires a blueprint (computer aided design) that guides the 3D printing manufacturing process.
This means that the ease of manufacturing makes it more accessible for criminal entities to utilise 3D printing technology to manufacture firearms from blueprints downloaded over the internet. The firearms created in this environment are known as ‘ghost guns’ that are traded on the black market. These guns are real, designed to avoid detection and are capable of lethal shootings.
Public safety is threatened by criminal entities obtaining the instructions, equipment and market to possess, use and sell 3D printed firearms.
Police have detected criminal entities in possession of the blueprints to create 3D printed firearms and in possession of unlawful firearms manufactured through 3D printing.
It is important to act in the first instance to prevent the catastrophic actions that may occur after an unlawfully 3D printed firearm is used for criminal activity. Early intervention allows police to disrupt criminal activity before the firearms are printed. This will allow the police to take action against the person in possession of the blueprints before the firearm is manufactured.
In South Australia, it is not an offence to possess the blueprints to 3D print a firearm, but it is an offence to print the firearm if the person is not licensed to do so.
New South Wales has legislated, and Tasmania is in the process of legislating, possession laws making it illegal for any unauthorised person to have the blueprints to manufacture a firearm. An extract of the other states’ legislation regarding the possession of blueprints is attached for your review.
South Australia Police is examining a possible request to government to pass similar legislation. This legislation would enable police to take action in the first instance; that is, during the possession of the blueprints, before any firearms are constructed.
| New South Wales | Tasmania |
|---|---|
| S51F Possession of digital blueprints for manufacture of firearms | S119A Possession of digital blueprints for manufacture of firearms |
| (1) A person must not possess a digital blueprint for the manufacture of a firearm on a 3D printer or on an electronic milling machine. | (1) A person is guilty of an indictable offence punishable under the Criminal Code if the person possesses a digital blueprint for the manufacture, on a 3D printer or on an electronic milling machine, of a firearm, firearm part or a firearm sound suppressor. |
| (2) Subsection (1) does not apply to a person who is – (a) authorised by a licence or permit to manufacture the firearm concerned Or (b) acting in the ordinary course of the person’s duties as a member (other than a police officer) of the Police Force. | (2) Subsection (1) does not apply to a person, in relation to a digital blueprint that relates to a firearm, firearm part of firearm sound suppressor, if the person is – (a) authorised by a licence to manufacture the firearm, firearm part or sound suppressor; or (b) acting in the ordinary course of the person’s duties as a police officer, a State Service employee or a State Service officer. |
| New South Wales | Tasmania |
|---|---|
|
S51F Possession of digital blueprints for manufacture of firearms |
S119A Possession of digital blueprints for manufacture of firearms |
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(3) In this section Digital blueprint means any type of digital (or electronic) reproduction of a technical drawing of the design of an object |
(8) In this section – Digital blueprint means – (a) any type of digital, or electronic, reproduction of a technical drawing of the design of an object; And (b) any electronic coding by the application of which an object may be manufactured. |
| Possession of a digital blueprint, includes the following – (a) possession of a computer or data storage holding or containing the blue print or of a document in which the blueprint is recorded (b) control of the blueprint held in a computer that is in the possession of another person (whether the computer is in this jurisdiction or outside this jurisdiction). | Possession, in relation to a digital blueprint, includes the following: (a) possession of a computer, or data storage device, holding or containing the digital blueprint; (b) possession of a document in which a digital blueprint is recorded; (c) control of the digital blueprint held in a computer, or contained in a data storage device, that is in the possession of another person (whether the computer or data storage device is in, or outside, this jurisdiction). |
| New South Wales | Tasmania |
|---|---|
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S51G Defences for offences under section 51F |
S119A Possession of digital blueprints for manufacture of firearms |
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(1) Innocent production, dissemination or possession. It is a defence to a prosecution for an offence under section 51F if the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the defendant possessed the digital blueprint concerned. |
(3) It is a defence to a prosecution for an offence against subsection (1) in relation to a digital blueprint if the defendant proves that – (a) the defendant did not know, and could not reasonably be expected to know, that the defendant possessed the digital blue print; or (b) the digital blueprint came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware that it was a digital blueprint, took reasonable steps to ensure that the digital blueprint ceased to be in the defendant’s possession. |
| (2) It is a defence to a prosecution for an offence under section 51F if the defendant proves that the digital blueprint concerned came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware of its nature, took reasonable steps to get rid of it. | (b) the digital blueprint came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware that it was a digital blueprint, took reasonable steps to ensure that the digital blueprint ceased to be in the defendant’s possession. |
| (3) Public benefit It is a defence to a prosecution for an offence under section 51F if the defendant proves that the conduct engaged in by the defendant – (a) was of public benefit And (b) did not extend beyond what was of public benefit. | (4) It is a defence to prosecution for an offence against the subsection (1) in relation to a digital blueprint if the defendant proves that the conduct of the defendant in relation to the digital blueprint was of public benefit and did not extend beyond conduct that was of public benefit. |
| (4) Conduct is of public benefit it, and only if, the conduct is necessary for or of assistance in – (a) enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth, Or (b) monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth Or (c) the administration of justice. | (5) For the purposes of subsection (4), conduct is of public benefit only if the conduct is necessary for, or of assistance in – (a) enforcing or administering a law of the State or of another State, a Territory or the Commonwealth; Or (b) monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth; Or (c) the administration of justice. |
| (5) The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant. | (6) The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant. |
| (6) Approved research It is a defence to a prosecution for an offence under section 51F if the defendant proves that the conduct engaged in by the defendant – (a) was necessary for or of assistance in conducting scientific, medical, educational, military or law enforcement research that has been approved by the Attorney General in writing for the purposes of this section, and (b) did not contravene any conditions of that approval. | (7) It is a defence to a prosecution for an offence against subsection (1) in relation to a digital blueprint if the defendant proves that the conduct of the defendant in relation to the digital blueprint – (a) was necessary for, or of assistance in, conducting scientific, medical, educational, military or law enforcement research that has been approved by the Minister in writing for the purposes of this section; and (b) did not contravene any conditions of that approval. |