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Judging a book by its cover: the challenges of prohibiting firearms by their appearance

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Diprose Adams, S 2017 , 'Judging a book by its cover: the challenges of prohibiting firearms by their appearance' , The University of Tasmania Law Review, vol. 36, no. 2 , pp. 49-67 .

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Abstract

This article explores the legal and administrative challenges associatedwith prohibiting firearms based on their appearance. The article begins bydiscussing recent events in Tasmania that put the spotlight on lawsprohibiting certain firearms following this approach. It then examines thelegislative context of Tasmania's Firearms Act 1996, including thedevelopment of gun control laws. This is followed by an examination of thechallenges faced and identified by other jurisdictions in enforcingcomparable laws. The most notable challenge identified is theinconsistency in prohibition arising from subjective decisions about afirearm's appearance. Finally, the article puts forward two possible publicpolicy reasons behind the decision to enforce a prohibition of firearms byappearance. Whilst there is considerable literature on the broader debatesaround gun control and the effectiveness of Australian gun laws, there isrelatively little literature that examines the interplay between legislation,administration, and policy.

Item Type: Article
Authors/Creators:Diprose Adams, S
Keywords: firearms, guns, gun control, appearance; National Firearms Agreement, Firearms Act, prohibition
Journal or Publication Title: The University of Tasmania Law Review
Publisher: UTAS
ISSN: 0082-2108
Copyright Information:

Copyright 2017 University of Tasmania Law Review

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