A key piece of Port Arthur-era gun reform remains unfinished. Could it have helped prevent the Bondi attack? | Gun control
A national firearms registry that would track guns across the country in real time became a priority for law enforcement and gun control advocates after the 1996 Port Athur massacre.
However, almost 30 years later, it is still unfinished.
Australian Federal Police Association chief Alex Caruana told Guardian Australia this week that a robust national firearms database would allow New South Wales police to better assess the risk posed by the Bondi gunmen ahead of Sunday’s terror attack.
Sajid Akram, who was shot dead by police, had a firearms license and owned six guns, which he and his son Naveed allegedly used to open fire on Jewish families celebrating Hanukkah on Bondi beach.
On Monday, it was announced that Naveed, who is now accused of 59 offenses including 15 murders, had come to the attention of the Australian Security Intelligence Agency (Asio) in October 2019 “on the grounds that he was associated with others”.
Prime Minister Anthony Albanese said: “The assessment was that there was no ongoing threat or indication of violence against him.”
It is unclear whether the NSW firearms registry was aware of the relationship.
“If there was a national firearms database that Asio could also access in real time… they could do a dynamic assessment and change that person’s risk level,” Carauna said. “They will have the capabilities to do this.”
Carauna criticized the slow progress in registration and said it was also necessary to monitor ammunition sales.
Missed milestones
The national registration scheme was finally signed off by states and territories in 2023 following the shooting of two police officers and a neighbor in Wieambilla, Queensland, in 2022.
“Until the NFR is delivered, existing risks to police officers and members of the community will continue due to information gaps, delay in locating firearms, sharing information about the risks posed by their owners, and the diversion of firearms into the illicit market,” a national cabinet document on the NFR, published under freedom of information legislation, says.
The register, which will provide a real-time “lifecycle view” of registered firearms and licences, is scheduled to be up and running by mid-2028, but a Guardian Australia investigation has found the rollout has missed key milestones.
The process has also been hampered by inadequate resourcing and recordkeeping in some state registries. In the ACT, for example, registration is still paper-based. Queensland licensing also remains largely on paper, but a digital transition is also on the way.
Albanese said work would “accelerate” following the attack in Bondi.
Speaking on the ABC on Tuesday, the prime minister highlighted the challenges. “Some state governments still have paper processes for registering firearms, so it is impossible to check if you have a digitalised system,” he said.
“More than $100 million has been provided to states and territories where guns are registered to enable them to digitize their systems.”
Victorian police minister Anthony Carbines said the government would do “everything we can to meet the timeline sooner”.
“Different states and territories have different regulations and also different levels of capacity,” he said. “But the goal here is to have a coordinated, harmonious record.”
Following a national cabinet meeting on Monday, the government detailed a number of possible changes to gun laws. Options included limiting the number of firearms individuals could own and issuing licenses only to citizens. On Friday the prime minister announced a national arms buyback plan, the biggest since the Howard government launched the scheme in 1996.
Q&A
How Australia changed its gun laws after the Port Arthur massacre
To show
Following the 1996 mass shooting in Port Arthur that killed 35 people, the Australian government national firearms agreement.
The agreement between the federal and state governments was intended to make gun laws generally uniform across states and territories. It introduced compulsory licensing, safe storage and handling rules, and restrictions on semi-automatic rifles and shotguns.
There was a buyback plan for guns now classified as illegal. Australians could voluntarily give up arms in exchange for financial compensation; this could lead to the surrender of more than 600,000 firearms.
A “real reason” to own a gun, such as hunting or sport shooting, was also needed, and personal protection was not a valid reason. The agreement clearly states that possession of a firearm is a privilege, not a right.
This distinguishes Australia from other countries, especially the United States, whose constitution includes the right to bear arms. The US Congress and state legislatures have passed some gun control measures, including mandatory background checks, but unlike Australia, most states have not banned assault weapons.
Owning a gun in the UK is also seen as a privilege, not a right, and new laws have similarly responded to mass shootings, including the 1987 Hungerford massacre. Some semi-automatic rifles are banned and police must consider the reasons for owning them before granting licences.
The effectiveness of Australia’s gun control measures remains a matter of debate, and some elements, including nationwide firearms registries, have yet to be fully legislated after almost 30 years.
Objection rights have been removed
A federal law enforcement source, speaking on condition of anonymity, said current licensing laws make it difficult to rely on Asio intelligence as the basis for rejecting a person’s firearm application.
This is partly because there are insufficient safeguards to prevent the disclosure of such intelligence should the applicant apply to the state courts to challenge the decision to refuse him a gun.
On Wednesday, NSW premier Chris Minns proposed removing the NSW Civil and Administrative Tribunal (NCAT) as an appeals mechanism as part of gun reforms in that state.
“New South Wales police regularly withdraw licenses from gun owners and licensees they suspect or fear are a threat to the community, these appeals are considered at NCAT and often police appeals are turned down,” he said. “We will eliminate this avenue of appeal.”
“Legislation needs to be amended to allow licensing decisions to be made on information that cannot be disclosed,” the source said. “This event should be a catalyst for that to happen.”
On Tuesday, police announced that Sajid Akram had been granted a license in 2023 after Asio became aware of his son, raising questions about whether there had been a failure to share information between intelligence services and NSW police.
Minns said earlier this week it was “imperative” that police use criminal intelligence, not just criminal records, when determining gun licences.
“This is the kind of legislation we want to see in New South Wales,” he said.
Minns announced Friday that his government will introduce a bill “imposing a limit of four firearms per person, with strict exemptions for primary manufacturers and sport shooters.”
He said NSW would have the “strictest gun laws in the country”.
