A rather surprising victory for free speech
If conspiracy theories were to be used as grounds to discriminate against someone, the 50 million (or thereabouts) Americans who believe that the 9/11/2001 attacks were a hoax could also be discriminated against. And making someone's political opinions grounds for an adverse psychiatric diagnosis would be to go the way of the old Soviet union. And Christians -- who believe in an invisible entity -- would be at risk too. So kudos to the NSW Administrative Decisions Tribunal
A man declared a white supremacist by police and ruled a possible risk to public safety by a psychiatrist has been granted the right to possess a handgun.
Darryl Potts, who believes there is a Jewish conspiracy to destroy other races, had his AB firearms and probationary pistol licences revoked by police after he expressed "white supremacy views" to officers during an incident involving domestic violence.
But, in a landmark case, the Administrative Decisions Tribunal has ruled that, even though Mr Potts might hold extreme and offensive views, that does not mean he is mentally impaired and he is legally entitled to a firearm licence. The decision was at odds with the opinion of police, the Firearms Registry and a psychiatrist's clinical assessment that Mr Potts had the potential "to put public safety at risk".
Mr Potts, an elevator technician at Federal Parliament, pursued the case because he believed having a revoked firearm licence could affect his security clearance to work in government buildings. He said he wanted to take a stand against the trend of removing people's firearms.
Both during the case and in extensive interviews with The Daily Telegraph, Mr Potts made a series of bizarre claims about Jewish people. He told the tribunal he did not believe six million Jews were killed in the Holocaust. "I say the six million is a load of hogwash," he said.
After having his licences reinstated, he said he believed Jews were plotting to dilute other races by encouraging mixed-race children and he had unwittingly played into their hands by having children with his Korean-born wife - from whom he has separated. "If I had've known this information I would not have participated in mixed-race marriage," he said.
He also said Jewish spies, posing as "Israeli art peddlers" were visiting his house because he was "a person of interest" to them.
After the 2009 domestic dispute at his estranged wife's house, the Firearms Registry referred Mr Potts to a psychiatrist on the basis that he "has expressed white supremacy [sic] ... views that have raised concerns regarding his mental health".
After Mr Potts stated, "I am a very angry man", the psychiatrist diagnosed him as having a personality disorder.
ADT member Peter Molony rejected the psychiatrist's opinion and ruled, "Mr Potts is an intelligent, manipulative and calculating man".
"The fact that he holds political and religious views and opinions that are offensive is not, in my opinion, sufficient to find that the public interest requires that he no longer hold a firearms licence," Mr Molony found. "To do so would be to embark on a slippery slope ... to totalitarianism."