Division 2Licensing
scheme
8Licence categories and
authority conferred by licence
(cf 1989 Act s 21, APMC 1, 3,
4)
(1)
The categories of licences, the firearms to which
they apply, and the authority they confer, are as follows:
Category A
licence
Firearms to which the licence
applies:
•
air rifles
•
rimfire rifles (other than
self-loading),
•
shotguns (other than pump action or
self-loading)
•
shotgun/rimfire rifle
combinations.
All prohibited firearms are excluded from this
licence category.
Authority conferred by the licence:
The licensee is authorised to possess or use a
registered firearm of the kind to which the licence applies, but only for the
purpose established by the licensee as being the genuine reason for possessing
or using the firearm.
Category B
licence
Firearms to which the licence
applies:
•
muzzle-loading firearms (other than
pistols)
•
centre-fire rifles (other than
self-loading)
•
shotgun/centre-fire rifle
combinations.
All prohibited firearms are excluded from this
licence category.
Authority conferred by the licence:
The licensee is authorised to possess or use a
registered firearm of the kind to which the licence applies, but only for the
purpose established by the licensee as being the genuine reason for possessing
or using the firearm.
Category C licence (prohibited
except for limited purposes)
Firearms to which the licence
applies:
•
self-loading rimfire rifles with a magazine
capacity of no more than 10 rounds
•
self-loading shotguns with a magazine capacity of
no more than 5 rounds
•
pump action shotguns with a magazine capacity of
no more than 5 rounds.
Any firearm referred to in item 6, 10 or 11 of
Schedule 1 is excluded from this licence category. The regulations may
prescribe certain other firearms (whether being of a general class or whether
described specifically) that are excluded from this licence
category.
Authority conferred by the licence:
Authorises the licensee (and any employee of the
licensee who is eligible to be issued with a licence and who is authorised by
the Commissioner in writing, but only while carrying out duties in connection
with the licensee’s farming or grazing activities) to possess or
use:
(a)
no more than one registered self-loading rimfire
rifle with a magazine capacity of no more than 10 rounds that is specified in
the licence, and
(b)
no more than one registered shotgun to which the
licence applies that is specified in the licence,
but only for the purpose established by the licensee as
being the genuine reason for possessing or using the firearm and only on land
used for primary production that is owned or occupied by the licensee or that
immediately adjoins that land (provided the licensee has the written
permission of the owner or occupier of that adjoining primary production land
to possess or use the firearm on that land).
However, the number of firearms authorised under
this licence category may be increased if a special need for more than one
such rifle, or for more than one such shotgun, is established by the licensee
to the satisfaction of the Commissioner (for example because of the size of
the rural property concerned, or because the licensee is involved with more
than one rural property).
Category D licence (prohibited
except for official purposes)
Firearms to which the licence
applies:
•
self-loading centre-fire
rifles
•
self-loading rimfire rifles with a magazine
capacity of more than 10 rounds
•
self-loading shotguns with a magazine capacity of
more than 5 rounds
•
pump action shotguns with a magazine capacity of
more than 5 rounds
•
any firearm to which a category C licence
applies.
Any firearm referred to in item 5, 6, 9, 10 or 11
of Schedule 1 is excluded from this licence category. The regulations may
prescribe certain other firearms (whether being of a general class or whether
described specifically) that are excluded from this licence
category.
Authority conferred by the licence:
The licensee is authorised to possess or use a
registered firearm to which the licence applies, but only for the purpose
established by the licensee as being the genuine reason for possessing or
using the firearm.
However, in the case of a licensee who is a
person referred to in paragraph (c) of the genuine reason of vertebrate pest
animal control, the authority conferred by the licence is restricted as
follows:
(a)
the licensee is authorised to possess or use no
more than one registered firearm to which the licence
applies,
(b)
the licensee is authorised to use the firearm
only on the rural property specified in the
licence.
Category H licence
(pistols)
Firearms to which the licence
applies:
•
pistols (including blank fire pistols and air
pistols).
Prohibited firearms are excluded from this
licence category.
Authority conferred by the licence:
The licensee is authorised to possess or use a
registered pistol, but only for the purpose established by the licensee as
being the genuine reason for having the licence.
In the case of a category H (sport/target
shooting) licence, the licensee is authorised to possess or use a registered
pistol only for the purposes of participating in competitive shooting
activities that are approved by the Commissioner.
A category H (sport/target shooting) licence does
not authorise the possession or use of a prohibited pistol.
Despite the provisions referred to above in
relation to this licence category, a category H licence authorises the
possession or use of an antique revolver within the meaning of section 6A.
However, a category H (sport/target shooting) licence does not authorise the
possession or use of any such antique revolver that is a prohibited
pistol.
Firearms dealer
licence
Firearms to which the licence
applies:
•
the kinds of firearms specified in the
licence.
Authority conferred by the licence:
In the case of a firearms dealer other than a club
armourer or a theatrical armourer, authorises the licensee and (subject to the
conditions of the licence and the regulations):
(a)
employees or directors of the corporation
specified in the licence, or
(b)
employees of the partnership so specified,
or
(c)
employees of the individual so
specified,
who are eligible to be issued with a licence and who are
authorised in writing by the Commissioner, to possess, manufacture, convert,
acquire, supply, repair, maintain or test, in the course of carrying on the
business of a firearms dealer, and only at the premises specified in the
licence, any firearm to which the licence applies, and to possess,
manufacture, acquire or supply ammunition for those firearms.
In the case of a club armourer, authorises the
licensee to possess, manufacture, convert, acquire, supply, repair, maintain
or test in the licensee’s capacity as a club armourer, and only at the
premises specified in the licence, the firearms to which the licence applies,
and to possess, manufacture, acquire or supply ammunition for those
firearms.
The authority conferred by a firearms dealer
licence issued to a club armourer is restricted to carrying out the
person’s duties as club armourer for the club concerned.
In the case of a theatrical armourer, authorises
the licensee to possess, use, manufacture, convert, acquire, supply, repair,
maintain or test firearms (and blank cartridges for those firearms) in the
licensee’s capacity as a theatrical armourer.
The authority conferred by a firearms dealer
licence issued to a theatrical armourer extends to any employee of the
licensee who is authorised in writing by the Commissioner.
Firearms collector
licence
Firearms to which the licence
applies:
•
the kinds of firearms specified in the
licence.
Except as otherwise provided by this Act,
post-1946 pistols are excluded from this licence category.
Any prohibited firearm (other than those firearms
to which a category C licence or category D licence applies) is excluded from
this licence category.
Authority conferred by the licence:
The licensee is authorised to possess the firearms to
which the licence applies for the purpose of a firearms
collection.
(2)
The regulations may prescribe sub-categories in
respect of category H licences and firearms dealer licences, and specify the
authority conferred by each such sub-category.
(3)
The authority conferred by a licence is subject
to this Act and the regulations.
s 8: Am 1996 No 135,
Sch 1 [5]–[17]; 2001 No 24, Sch 1 [7]; 2002 No 47, Sch 1 [3] [4]; 2003
No 36, Sch 1 [3] [4]; 2004 No 91, Sch 1.15; 2008 No 66, Sch 1 [4] [5]; 2010 No
92, Sch 1 [1] [2]; 2013 No 74, Sch 1 [11]–[13].
9Authority conferred by
licence—additional matters
(cf 1989 Act s 21 (2), APMC 1 (b), 3,
4)
(1)
A licence that authorises the licensee to have
possession of a firearm also authorises the licensee to have possession of the
firearm while:
(a)
taking it to a licensed firearms dealer for the
purpose of:
(i)
selling it, or
(ii)
having it converted, maintained, tested or
repaired and subsequently recovering it from the dealer,
and
(b)
taking it to a police officer for the purpose of
having it inspected and subsequently recovering it from a police officer,
and
(c)
taking it to a police officer for the purpose of
surrendering it.
(2)
Subject to the regulations and except as provided
by section 17A, a category C or category D licence does not authorise the
possession or use of a prohibited firearm for the purposes of any shooting
competition.
(3)
A firearms collector licence does not authorise
the possession of ammunition for any firearm that is part of the firearms
collection to which the licence relates.
s 9: Am 1996 No 135,
Sch 1 [18] [19]; 2002 No 47, Sch 1 [5].
10Applications for
licences
(cf 1989 Act s 23, APMC 4, 5)
(1)
An application for a licence must be made in the
manner, and be accompanied by the fee, prescribed by the
regulations.
(2)
An applicant for a licence must:
(a)
if the applicant is a natural person, be of or
above the age of 18, and
(b)
provide proof of the applicant’s identity
in accordance with the requirements under the Financial Transaction Reports Act
1988 of the Commonwealth that apply in respect of the
opening of a bank account, and
(c)
provide such other particulars or documents as
may be prescribed by the regulations.
(3)
An applicant, at the time of applying for a
licence, is to be provided with the following:
(a)
information concerning any firearms safety
training course that is required by the regulations to be completed by the
applicant,
(b)
information concerning the firearm storage and
safety requirements under this Act.
(4)
Section 12 of the Criminal Records
Act 1991 does not apply in relation to an application for
a licence.
Note—
Only persons of or above the age of 18 can apply
for (and be issued with) a licence. However under section 32, minor’s
firearms permits are available for certain minors (ie persons under 18 but who
are of or above the age prescribed by the regulations). These permits
authorise minors to possess and use firearms, under the supervision of a
licence holder, for the purpose of receiving safe instruction in the use of
firearms, and for competing in shooting events in the case of a minor’s
target pistol permit.
s 10: Am 2015 No 63,
Sch 1 [1].
11General restrictions on issue
of licences
(cf 1989 Act s 25, APMC 4, 5, 6)
(1)
The Commissioner may issue a licence in respect
of an application, or refuse any such application.
(2)
A licence must not be issued until after the end
of the period of 28 days following the day on which the application is
made.
(2A)
Subsection (2) does not apply if the application
is for the renewal of a licence (including the renewal of a category A or B
licence that involves the addition of either of those licence categories to
the previous licence).
(3)
A licence must not be issued unless:
(a)
the Commissioner is satisfied that the applicant
is a fit and proper person and can be trusted to have possession of firearms
without danger to public safety or to the peace, and
(b)
in the case of a person who has never held a
licence (including a firearms licence under a previous Act), the applicant has
completed, to the satisfaction of the Commissioner, such firearms training and
safety courses as are prescribed by the regulations in respect of the licence
concerned, and
(c)
the Commissioner is satisfied that the storage
and safety requirements set out in Part 4 are capable of being met by the
applicant, and
(d)
the Commissioner is satisfied that the person to
whom the licence is to be issued is a resident of this State or is about to
become a resident of this State.
(3A)
Despite subsection (3) (b), the Commissioner may
require an applicant for a licence to complete such firearms training and
safety courses as are approved by the Commissioner in relation to the category
of licence concerned.
(4)
Without limiting the generality of subsection (3)
(a), a licence must not be issued if the Commissioner has reasonable cause to
believe that the applicant may not personally exercise continuous and
responsible control over firearms because of:
(a)
the applicant’s way of living or domestic
circumstances, or
(b)
any previous attempt by the applicant to commit
suicide or cause a self-inflicted injury, or
(c)
the applicant’s intemperate habits or being
of unsound mind.
(5)
A licence must not be issued to a person
who:
(a)
is under the age of 18, or
(b)
has, within the period of 10 years before the
application for the licence was made, been convicted in New South Wales or
elsewhere of an offence prescribed by the regulations, whether or not the
offence is an offence under New South Wales law, or
(c)
is subject to an apprehended violence order or
who has, at any time within 10 years before the application for the licence
was made, been subject to such an order (other than an order that has been
revoked), or
(d)
is subject to a good behaviour bond, whether
entered into in New South Wales or elsewhere, in relation to an offence
prescribed by the regulations, or
(e)
is subject to a firearms prohibition
order.
(5A)
A licence must not be issued to a person if the
Commissioner is of the opinion, having regard to any criminal intelligence
report or other criminal information held in relation to the person,
that:
(a)
the person is a risk to public safety,
and
(b)
the issuing of the licence would be contrary to
the public interest.
(5B)
The Commissioner is not, under this or any other
Act or law, required to give any reasons for not issuing a licence on the
grounds referred to in subsection (5A).
(6)
Except in the case of a firearms dealer licence
or where the applicant’s genuine reason is business or employment, a
licence must not be issued to a person who is not a natural
person.
(7)
Despite any other provision of this section, the
Commissioner may refuse to issue a licence if the Commissioner considers that
issue of the licence would be contrary to the public
interest.
(8)
The regulations may provide other mandatory or
discretionary grounds for refusing the issue of a
licence.
s 11: Am 1996 No 135,
Sch 1 [20]–[22]; 2001 No 24, Sch 1 [8]; 2002 No 47, Sch 1 [6]–[8];
2006 No 82, Sch 1 [1]; 2008 No 66, Sch 1 [6].
12Genuine reasons for having a
licence
(cf APMC 3, 1990 Reg cl 22A)
(1)
The Commissioner must not issue a licence that
authorises the possession and use of a firearm unless the Commissioner is
satisfied that the applicant has a genuine reason for possessing or using the
firearm.
(2)
An applicant does not have a genuine reason for
possessing or using a firearm if the applicant intends to possess or use the
firearm for any of the following reasons:
(a)
personal protection or the protection of any
other person,
(b)
the protection of property (other than in
circumstances constituting a genuine reason as set out in the Table to this
section).
(3)
Subsection (2) does not limit the reasons which
the Commissioner may be satisfied are not genuine reasons for the purposes of
justifying the possession or use of a firearm.
(4)
Subject to this Act, an applicant for a licence
has a genuine reason for possessing or using a firearm if the
applicant:
(a)
states that he or she intends to possess or use
the firearm for any one or more of the reasons set out in the Table to this
section, and
(b)
is able to produce evidence to the Commissioner
that he or she satisfies the requirements specified in respect of any such
reason.
Table
Reason: sport/target
shooting
The applicant must be a current member of a
shooting club approved by the Commissioner in accordance with the regulations,
and which conducts competitions or activities requiring the use of the firearm
for which the licence is sought.
Reason: recreational hunting/vermin
control
The applicant must:
(a)
be the owner or occupier of rural land,
or
(b)
produce proof of permission given by the owner or
occupier of rural land, or by an officer of the National Parks and Wildlife
Service, the Department of Lands or other authority prescribed by the
regulations, to shoot on rural land, or
(b1)
produce proof of permission given by a land
manager within the meaning of the Forestry Act
2012 to shoot on land in respect of which the land manager
is authorised to exercise functions as land manager under that Act,
or
(c)
be a current member of a hunting club approved by
the Commissioner in accordance with the
regulations.
The regulations may provide for the manner and
form in which any such permission is to be given, the extent to which it
operates, and how it is to be produced as evidence by the applicant. A person
does not, so long as the person is authorised to give permission to shoot on
land referred to in paragraph (b) or (b1), incur any liability merely because
the person gives the applicant permission to shoot on the land
concerned.
Reason: primary production
The applicant must:
(a)
be a person whose occupation is the business of a
primary producer, or who is the owner, lessee or manager of land used for
primary production, and
(b)
state that he or she intends to use the firearm
solely in connection with farming or grazing activities (including the
suppression of vertebrate pest animals on the land
concerned).
Reason: vertebrate pest animal
control
The applicant must be:
(a)
a professional contract shooter engaged or
employed in controlling vertebrate pest animals on rural land,
or
(b)
a person employed by or in, or authorised by, a
government agency prescribed by the regulations that has functions relating to
the control or suppression of vertebrate pest animals, or
(c)
a person whose occupation is the business of a
primary producer, or who is the owner, lessee or manager of land used for
primary production, and who is participating in an authorised campaign
conducted by or on behalf of a government agency or public authority to
eradicate large feral animals or animals that are affected by brucellosis or
tuberculosis.
Reason: business or
employment
The applicant must demonstrate that it is
necessary in the conduct of the applicant’s business or employment to
possess or use the firearm for which the licence is sought.
Reason: occupational requirements relating to
rural purposes
The applicant must be employed or engaged in a
rural occupation that requires the possession or use of the firearm for which
the licence is sought.
Reason: animal welfare
The applicant must be:
(a)
an officer of the RSPCA or the Animal Welfare
League who is appointed by the Minister administering the Prevention of Cruelty to Animals Act
1979 as an officer for the purposes of that Act,
or
(b)
a veterinary practitioner, or
(c)
a person who is employed in the Department of
Primary Industries or is a member of staff of Local Land Services and who has
responsibility for animal welfare, or
(d)
an owner, transporter, drover or other handler of
animals who may need to destroy animals to avoid
suffering.
Reason: firearms collection
The applicant must:
(a)
be a current member of a collectors’
society or club approved by the Commissioner in accordance with the
regulations, and
(b)
provide a written statement by that
collectors’ society or club confirming that the applicant’s
firearms collection has a genuine commemorative, historical, thematic or
financial value.
s 12, tbl: Am 1996 No
135, Sch 1 [23]–[27]; 2003 No 36, Sch 1 [5]; 2003 No 87, Sch 3.11; 2007
No 82, Sch 1.9 [1] [2]; 2008 No 112, Sch 6.9; 2012 No 96, Sch 4.9
[1]–[3]; 2013 No 51, Sch 7.15; 2013 No 56, Sch 3.2 [2].
13Category B
licences—restrictions on issue
(cf APMC 3 (c))
Subject to the regulations, the Commissioner must
not issue a category B licence to any person unless the person, in addition to
establishing a genuine reason for being issued with the licence, produces
evidence to the satisfaction of the Commissioner that there is a special need
for the person to possess or use a firearm to which licence category B
applies.
14Category C
licences—restrictions on issue
(cf APMC 3 (c))
Except as provided by section 17A, the
Commissioner must not issue a category C licence to any person unless:
(a)
the genuine reason established by the person for
being issued with the licence is primary production (or such other genuine
reason as may be prescribed by the regulations), and
(b)
in addition to establishing any such genuine
reason, the person produces evidence to the Commissioner’s satisfaction
that there is a special need for the person to possess or use a firearm to
which licence category C applies, and
(c)
the person produces evidence to the
Commissioner’s satisfaction that any such special need cannot be met by
any other means (including by the authority conferred by a category A or
category B licence).
s 14: Am 1996 No 135,
Sch 1 [28].
15Category D
licences—restrictions on issue
(cf APMC 3 (c))
The Commissioner must not issue a category D
licence to any person unless:
(a)
the genuine reason established by the person for
being issued with the licence is that of vertebrate pest animal control,
and
(b)
in addition to establishing any such genuine
reason, the person produces evidence to the Commissioner’s satisfaction
that there is a special need for the person to possess or use a firearm to
which a licence category D applies, and
(c)
in the case of a person referred to in paragraph
(c) of the genuine reason of vertebrate pest animal control, the person
produces evidence to the Commissioner’s satisfaction that any such
special need cannot be met by any other means (including by the authority
conferred by a category A, category B or category C licence, or by engaging
the services of a professional contract shooter).
s 15: Am 1996 No 135,
Sch 1 [29].
16Category H
licences—restrictions on issue
(cf APMC 3 (c), 1989 Act s 21 re
pistols)
(1)
The Commissioner must not issue a category H
licence to any person unless:
(a)
the genuine reason established by the person for
being issued with the licence is any one or more of the following:
(i)
sport/target shooting,
(ii)
business or employment,
(iii)
firearms collection,
and
(b)
in addition to establishing any such genuine
reason, the person produces evidence to the Commissioner’s satisfaction
that there is a special need for the person to possess or use a
pistol.
(1A)
For the purposes of subsection (1), business
or employment includes work undertaken voluntarily but only
with respect to the static guarding of approved
premises.
(2)
The Commissioner must not issue a category H
(sport/target shooting) licence (other than a probationary pistol licence) to
a person unless:
(a)
the person has previously been issued with a
probationary pistol licence, and
(b)
the probationary pistol licence has expired,
and
(c)
the application for the category H (sport/target
shooting) licence is supported by a written statement by the secretary or
other relevant office holder of the pistol shooting club of which the person
is a member confirming that the person has complied with the conditions
specified in section 16A (2).
(3)
Subsection (2) does not apply in relation to a
person if the person has previously held a category H (sport/target shooting)
licence.
(4)
The Commissioner must not issue a category H
(business/employment) licence (other than a provisional pistol
(business/employment) licence) to a person who has never held such a licence
unless:
(a)
the person has previously been issued with a
provisional pistol (business/employment) licence, and
(b)
the provisional pistol (business/employment)
licence has expired.
(5)
The Commissioner must not issue a provisional
pistol (business/employment) licence to a person unless:
(a)
the person indicates that he or she intends to be
employed by an approved master licensee specified in the application for the
licence for the term of the licence, and
(b)
the approved master licensee has verified to the
satisfaction of the Commissioner that the master licensee intends the
employment to continue for the term of the licence.
s 16: Am 2003 No 36,
Sch 1 [6]; 2012 No 49, Sch 2.1 [3] [4].
16AProbationary pistol
licences
(1)
A category H (sport/target shooting) licence that
is issued to a person who has never held such a licence is to be issued as a
probationary pistol licence.
(2)
A probationary pistol licence is subject to the
following conditions:
(a)
for the first 6 months of the term of the
licence, the licensee must not possess or use a pistol except:
(i)
while on the premises of a pistol shooting club
and under the supervision of a person who is the holder of a category H
(sport/target shooting) licence that is not a probationary pistol licence,
and
(ii)
in connection with the requirement referred to in
paragraph (b),
(b)
the licensee must, by the end of that 6-month
period, have completed to the satisfaction of the Commissioner a firearm
training and safety training course conducted by the pistol shooting club of
which the licensee is a member.
(3)
If:
(a)
the holder of a probationary pistol licence
applies for a category H (sport/target shooting) licence before the term of
the probationary pistol licence expires, and
(b)
the application has not been dealt with by the
time the probationary pistol licence expires,
the authority conferred by the probationary pistol
licence continues until such time as the person is notified of the issue of,
or refusal of, the category H (sport/target shooting)
licence.
(4)
This section does not limit the conditions to
which a probationary pistol licence is subject.
s 16A: Ins 2003 No
36, Sch 1 [7].
16BSpecial provisions relating to
category H (sport/target shooting) licences issued for specialised target
pistols
(1)
In this section:
specialised target pistol
means:
(a)
a self-loading pistol with a barrel length of
less than 120 mm, or
(b)
a revolver with a barrel length of less than 100
mm,
that, in the opinion of the Commissioner, is of a
distinctive size or shape and is used in International Shooting Sport
Federation competition events, but that is not otherwise a prohibited
pistol.
(2)
The Commissioner may issue a category H
(sport/target shooting) licence (referred to in this section as a special
pistol licence) authorising a person to possess and use a
specialised target pistol for the purposes only of participating in such
classes of specialised shooting competitions as may be approved by the
Commissioner.
(3)
For the avoidance of doubt, a special pistol
licence is a type of category H (sport/target shooting) licence, and any
requirements under this Act or the regulations that apply to or in respect of
a category H (sport/target shooting) licence apply to or in respect of a
special pistol licence.
s 16B: Ins 2003 No
36, Sch 1 [7].
16CProvisional pistol
(business/employment) licences
(1)
A category H (business/employment) licence that
is issued to a person who has never held such a licence is to be issued as a
provisional pistol (business/employment) licence.
(2)
Without limiting section 19, a provisional pistol
(business/employment) licence is subject to the following conditions:
(a)
the licensee must, before possessing or using a
pistol, complete to the satisfaction of the Commissioner an approved firearms
training course conducted by the employer,
(b)
the licensee must, in addition to the training
referred to in paragraph (a), complete:
(i)
such further training within 3 months of being
granted the licence as is determined by the Commissioner,
and
(ii)
such other training as may be required by the
Commissioner during the term of the licence,
(c)
the licensee must hold a class 1F licence issued
under section 11 of the Security Industry Act
1997,
(d)
for the first 6 months of the term of the
licence, the licensee must not possess or use a pistol unless the licensee is
under the direct supervision (as determined in accordance with the
regulations) of a natural person who has continuously held, for a period of
more than 12 months:
(i)
a category H (business/employment) licence that
is not a provisional pistol (business/employment) licence,
and
(ii)
a class 1F licence under the Security Industry Act
1997.
Note—
The licence may also be subject to other
conditions—see section 19.
(3)
The Commissioner must revoke a provisional pistol
(business/employment) licence if the Commissioner is satisfied that the
licensee has failed to comply with a condition under this
section.
(4)
If the holder of a provisional pistol
(business/employment) licence contravenes the condition referred to in
subsection (2) (d), the person who is (at the time of the contravention) the
master licensee who is the employer of the licensee is guilty of an
offence.
Maximum penalty:
(a)
in the case of a corporation—200 penalty
units, or
(b)
in the case of an individual—100 penalty
units.
(5)
If:
(a)
the holder of a provisional pistol
(business/employment) licence applies for a category H (business/employment)
licence before the term of the provisional pistol (business/employment)
licence expires, and
(b)
the application has not been dealt with by the
time the provisional pistol (business/employment) licence
expires,
the authority conferred by the provisional pistol
(business/employment) licence continues until such time as the person is
notified of the issue of, or refusal of, the category H (business/employment)
licence.
(6)
A provisional pistol (business/employment)
licence is automatically revoked if the licensee ceases to be employed during
the term of the licence by the approved master licensee specified in the
application for the licence as required by section 16
(5).
s 16C: Ins 2012 No
49, Sch 2.1 [5]. Am 2013 No 68, Sch 2.
17Proof of special
need
(cf APMC 3 (c))
The regulations may specify the sort of evidence
that may be produced in order to satisfy the Commissioner of a special need
for the purposes of sections 13–16. However, nothing in this section is
taken to limit the Commissioner’s discretion in determining whether any
such special need has been demonstrated.
17ASpecial provisions relating to
category C licences issued for clay target shooting
purposes
(1)
The Commissioner may issue a category C licence
(referred to in this section as a special
category C licence) authorising possession and use of a
self-loading or pump action shotgun for the purposes of participating in
recognised clay target shooting competitions.
(2)
The authority conferred by a special category C
licence is subject to the following restrictions:
(a)
the shotgun to which the licence relates must not
be loaded at any one time with more than 2 rounds,
(b)
the shotgun may only be used for shooting at clay
targets, and for associated training programs, while on a shooting range that
is approved under the regulations.
(3)
An applicant for a special category C licence
must be a person who, immediately before 15 November 1996:
(a)
was in lawful possession of a self-loading or
pump action shotgun used for shooting clay targets, and
(b)
was a member of a shooting club affiliated with
the Australian Clay Target Association.
(4)
Alternatively, an applicant must provide, to the
Commissioner’s satisfaction, a written statement issued on behalf of a
shooting club approved by the Commissioner, and which is affiliated with the
Australian Clay Target Association (or such other body as may be approved by
the Commissioner), to the effect that the applicant:
(a)
is a current member of that club,
and
(b)
because of physical reasons such as lack of
strength or dexterity, needs to have a self-loading or pump action shotgun in
order to participate in clay target shooting
competitions.
(5)
A statement under subsection (4) must be
supported by such documents as may be required by the
Commissioner.
(6)
Without limiting the conditions to which a
category C licence is subject, a special category C licence issued under this
section is subject to the condition that the licensee must, over any period of
12 months, participate in no less than the number of clay target shooting
competitions as prescribed by the regulations.
(7)
For the avoidance of doubt, a special category C
licence is a type of category C licence, and any requirements under this Act
or regulations that apply to or in respect of a category C licence apply to or
in respect of a special category C licence.
s 17A: Ins 1996 No
135, Sch 1 [30]. Am 2008 No 66, Sch 1 [7].
17BFirearms dealer
licences—restrictions on issue
The Commissioner must not issue a firearms dealer
licence if the Commissioner:
(a)
is of the view that a person who (in the opinion
of the Commissioner) is or will be a close associate of the applicant is not a
fit and proper person to be a close associate of the holder of a firearms
dealer licence, or
(b)
is not satisfied that the applicant is to be the
person primarily responsible for the management of the business to be carried
on under the authority of the licence.
s 17B: Ins 2001 No
24, Sch 1 [9].
17CSpecial provisions relating to
firearms collector licences (post-1946 pistols)
The Commissioner may issue a firearms collector
licence that authorises a person to possess a post-1946 pistol if:
(a)
the person produces evidence to the Commissioner
that the person has been a member of a collectors’ society or club for
at least one year, and
(b)
the application for the licence is supported by a
written statement by the secretary or other relevant office holder of the
collectors’ society or club of which the person is a member confirming
that the part of the person’s firearms collection comprising post-1946
pistols has a genuine commemorative, historical, thematic or financial
value.
Note—
See also the Table to section 12 which provides
that one of the requirements for the genuine reason of firearms collection is
that the applicant for the licence must be a current member of an approved
collectors’ society or club.
s 17C: Ins 2003 No
36, Sch 1 [8].
18Form of
licence
(cf APMC 4, 1989 Act s 26A, 1990 Reg cll 22B,
23)
(1)
A licence is to be in any one or more forms
approved by the Commissioner. The manner and form in which the information
referred to in subsection (2) is to be specified in the licence, or recorded,
is to be determined by the Commissioner from time to time (including, for
example, by way of magnetic strip or other electronic
means).
(2)
A licence must:
(a)
contain a recent photograph of the person to whom
it is issued (such photograph being obtained in accordance with arrangements
determined by the Commissioner), and
(b)
bear the signature of the licensee,
and
(c)
specify the licence category,
and
(d)
specify (except in the case of a firearms dealer
licence) the registered firearm or firearms to which the licence relates,
and
(e)
specify the genuine reason for which the person
was issued with the licence, and
(f)
(g)
specify (in the case of a firearms dealer
licence) the premises where the firearm is authorised to be kept,
and
(h)
contain a reference to the requirements under
this Act relating to the storage and safe keeping of the firearm,
and
(i)
contain such other detail as may be prescribed by
the regulations.
(3)
A person to whom a licence is issued must,
immediately after receiving the licence, write the person’s usual
signature in ink in the space provided for it on the licence (unless the
licence already bears the licensee’s signature).
Maximum penalty: 20 penalty
units.
s 18: Am 1996 No 135,
Sch 1 [31]–[33].
19Conditions of
licence
(cf 1989 Act ss 21, 28, APMC 4 (b), 9
(c))
(1)
A licence may be issued by the Commissioner
subject to such conditions as the Commissioner thinks fit to
impose.
(2)
Without limiting subsection (1), each licence is
subject to the following conditions:
(a)
the licensee must comply with the relevant safe
keeping and storage requirements under this Act,
(b)
the licensee must not permit any other person to
possess or use any firearm in the licensee’s possession if that other
person is not authorised to possess or use the firearm,
(c)
the licensee must, in accordance with such
arrangements as are agreed on by the licensee and the Commissioner, or, in the
case of a licensed firearms dealer, at any reasonable time, permit inspection
by a police officer (or such other person as may be prescribed by the
regulations) of the licensee’s facilities in respect of the storage and
safe keeping of the firearms in the licensee’s
possession,
(d)
the licensee must not possess, at any one time,
any amount of ammunition that exceeds the amount (if any) prescribed by the
regulations, unless authorised in writing by the
Commissioner,
(e)
the licence cannot be transferred to another
person.
(3)
A licence is subject to such other conditions as
may be prescribed by the regulations.
20Firearms collector
licences—special conditions
Without limiting the conditions to which a
firearms collector licence may be subject, any such licence is subject to the
following conditions:
(a)
any prohibited firearm (being a firearm to which
a category D licence applies) that is part of the collection must be rendered
permanently inoperable in a manner prescribed by the
regulations,
(b)
any other firearm that is part of the collection,
and that was manufactured after 1900 or that is a prohibited pistol, must be
rendered temporarily inoperable by removing the bolt or firing mechanism and
keeping it separate from the firearm in a locked container of a type approved
by the Commissioner, or by using a trigger lock of a type approved by the
Commissioner,
(c)
any prohibited firearm (being a firearm to which
a category C or category D licence applies) that is part of the collection can
only be supplied:
(i)
to a licensed firearms dealer who is authorised
to possess those types of prohibited firearms, or
(ii)
through a licensed firearms dealer to the holder
of a firearms collector licence who is authorised to possess those types of
prohibited firearms,
(d)
any prohibited firearm (being a firearm to which
a category C licence or category D licence applies) that is intended to be
part of the collection can only be acquired from a licensed firearms dealer or
through a licensed firearms dealer from the holder of a firearms collector
licence,
(e)
any firearm that is part of the collection can
only be kept on premises approved by the Commissioner, and must be stored in
accordance with the standards prescribed by the regulations for the purposes
of this section,
(f)
in the case of a licence that was in force
immediately before the commencement of this paragraph—a post-1946 pistol
can only be kept as part of the collection if:
(i)
the licensee has been a member of a
collectors’ society or club since 20 December 2002,
and
(ii)
the licensee provides the Commissioner with a
written statement by the secretary or other relevant office holder of the
collectors’ society or club of which the licensee is a member confirming
that the part of the licensee’s firearms collection comprising post-1946
pistols has a genuine commemorative, historical, thematic or financial
value.
s 20: Subst 1996 No
135, Sch 1 [34]. Am 2003 No 36, Sch 1 [9] [10]; 2013 No 74, Sch 1 [14]
[15].
20ASpecial conditions of category
D licences issued to primary producers
Without limiting the conditions to which a
category D licence may be subject, a category D licence that is issued to a
person referred to in paragraph (c) of the genuine reason of vertebrate pest
animal control is subject to the following conditions:
(a)
the licensee must, on the expiry of the period
for which the licence is in force, return the firearm to the licensed firearms
dealer from whom it was acquired, or otherwise deal with the firearm in
accordance with arrangements approved by the Commissioner,
(b)
the licensee can use the firearm only in the
circumstances specified in the licence (for example, for airborne
culling).
s 20A: Ins 1996 No
135, Sch 1 [35].
21Term of
licence
(cf APMC 4, 1989 Act s 27)
(1)
Except as provided by this section, a licence
continues in force from the time it is issued for a period of 5 years (or such
shorter period as may be prescribed by the regulations), unless it is sooner
surrendered or revoked or otherwise ceases to be in
force.
(2)
A category D licence issued to a person referred
to in paragraph (c) of the genuine reason of vertebrate pest animal control
continues in force for such period as is specified in the licence (being a
period that is no more than 12 months) unless it is sooner surrendered or
revoked or otherwise ceases to be in force.
(3)
The following types of licence continue in force
for a period of 12 months from the time the licence is issued unless the
licence is sooner surrendered or revoked or otherwise ceases to be in
force:
(a)
provisional pistol (business/employment)
licence,
(b)
probationary pistol
licence.
s 21: Am 1996 No 135,
Sch 1 [36] [37]; 2003 No 36, Sch 1 [11] [12]; 2012 No 49, Sch 2.1
[6].
22Suspension of
licence
(cf APMC 6, 1989 Act s 35)
(1)
The Commissioner may, if the Commissioner is
satisfied there may be grounds for revoking a licence, suspend the licence by
serving personally or by post on the licensee a notice:
(a)
stating that the licence is suspended and the
reasons for suspending it, and
(b)
requesting that the person provide the
Commissioner with reasons why the licence should not be
revoked.
(1A)
If a licence is being suspended because the
Commissioner is satisfied that there may be grounds for revoking the licence
under section 11 (5A), the notice suspending the licence is not
required:
(a)
to state the reasons for the suspension,
or
(b)
to include any request that the licensee provide
the Commissioner with reasons why the licence should not be
revoked.
(2)
The Commissioner must suspend a licence in
accordance with this section if the Commissioner is aware that the licensee
has been charged with a domestic violence offence within the meaning of the
Crimes (Domestic and Personal Violence) Act
2007 or the Commissioner has reasonable cause to believe
that the licensee has committed or has threatened to commit a domestic
violence offence within the meaning of that Act.
(3)
A suspended licence does not authorise the
possession or use of firearms during the period specified in the notice
suspending it.
s 22: Am 2006 No 73,
Sch 3.14 [1] [2]; 2007 No 80, Sch 2.14 [3] [4]; 2010 No 40, Sch 2
[4].
23Suspension of licence on
making of interim apprehended violence order
(cf APMC 6, 1989 Act s 35A)
(1)
A licence that authorises a person to possess or
use a firearm is automatically suspended on the making of an interim
apprehended violence order against the person.
(2)
The licence is suspended until the order is
confirmed or revoked.
24Revocation of
licence
(cf APMC 6, 1989 Act s 36, 1990 Reg cl
27)
(1)
A licence that authorises a person to possess or
use a firearm is automatically revoked if the licensee becomes subject to a
firearms prohibition order or an apprehended violence
order.
(1A)
The Commissioner must revoke a licence that is
held for the purpose of employment as an armed security guard (within the
meaning of the Security Industry Act
1997) if:
(a)
the licensee has failed to undertake any firearm
safety training required under this Act or the regulations,
or
(b)
in the case of a licensee who holds a class 1F
licence or a visitor permit authorising the licensee to carry out security
activities of a kind authorised by a 1F licence under the Security Industry Act 1997—the 1F
licence or visitor permit is revoked under that Act or the licensee
contravenes any condition of the firearms licence under this
Act.
(2)
A licence may be revoked:
(a)
for any reason for which the licensee would be
required to be refused a licence of the same kind, or
(b)
if the licensee:
(i)
supplied information which was (to the
licensee’s knowledge) false or misleading in a material particular in,
or in connection with, the application for the licence, or
(ii)
contravenes any provision of this Act or the
regulations, whether or not the licensee has been convicted of an offence for
the contravention, or
(iii)
contravenes any condition of the licence,
or
(c)
if the Commissioner is of the opinion that the
licensee is no longer a fit and proper person to hold a licence,
or
(c1)
if the Commissioner is satisfied that the
licensee, through any negligence or fraud on the part of the licensee, has
caused a firearm to be lost or stolen, or
(d)
for any other reason prescribed by the
regulations.
(2A)
If the Commissioner revokes a licence because the
licence holder would be refused a licence on the grounds referred to in
section 11 (5A), the Commissioner is not, under this or any other Act or law,
required to give any reasons for revoking the licence on those
grounds.
(3)
The Commissioner of Police may revoke a licence
by serving personally or by post on the licensee a notice stating that the
licence is revoked and the reason for revoking it.
(4)
The revocation of a licence by such a notice
takes effect when the notice is served or on a later date specified in the
notice.
(5)
The Commissioner may, by serving a further notice
on the holder of a licence, cancel a notice revoking a licence before the
notice takes effect.
s 24: Am 1997 No 77,
Sch 5.13 [1]; 2002 No 107, Sch 2.2 [1]; 2003 No 36, Sch 1 [13]; 2005 No 63,
sec 4; 2008 No 113, Sch 2.1 [1] [2]; 2010 No 40, Sch 2 [5]; 2012 No 49, Sch
2.1 [7].
25Surrender and seizure of
firearms when licence suspended or revoked
(cf APMC 4 (b), 1989 Act s 38)
(1)
If a licence is suspended, revoked or otherwise
ceases to be in force, the person to whom it was issued must immediately
surrender to a police officer:
(a)
any firearm in the person’s possession,
and
(b)
the licence.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
(2)
A police officer is authorised to seize any
firearm in the possession of a person if that person’s licence is
suspended, revoked or otherwise ceases to be in force. A police officer is
also authorised to seize the licence itself.
(3)
This section does not apply in relation to a
licence that has expired if the authority conferred by the licence continues
to have effect (as provided by the regulations) pending the determination of
an application for a subsequent licence.
s 25: Am 2010 No 40,
Sch 2 [6] [7]; 2012 No 42, Sch 1.10 [2].
26Recognition of interstate
licences for certain purposes
(cf APMC 4 (c), 1990 Reg cll 93,
93A)
(1)
A person who:
(a)
is a resident of another State or Territory,
and
(b)
is the holder of the equivalent of a category A,
category B or category H licence issued under the law in force in that State
or Territory,
is exempt from the requirements of section 7 or 7A of
this Act to be authorised to possess or use a firearm of a kind to which a
corresponding category A, category B or category H licence issued in this
State applies, but only for the purpose of enabling the person to participate
in a shooting competition approved by the Commissioner (or for such other
purposes as may be prescribed by the regulations).
(2)
A person who is a resident of another State or
Territory, and is the holder of the equivalent of a category C licence issued
under the law in force in that State or Territory, is:
(a)
in the case of a person whose occupation is the
business of a primary producer, or who is the owner, lessee or manager of land
used for primary production—exempt from the requirements of section 7 or
7A to be authorised to possess or use a firearm of a kind to which a
corresponding category C licence issued in this State applies, but only for
the purposes of enabling the person to use the firearm in connection with
farming or grazing activities (including the suppression of vertebrate pest
animals on the land concerned), or
(b)
in the case of a person who is a professional
contract shooter engaged or employed in controlling vertebrate pest animals on
rural land—exempt from the requirements of section 7 or 7A to be
authorised to possess or use a firearm of a kind to which a corresponding
category C licence issued in this State applies, but only for the purposes of
controlling vertebrate pest animals on rural land, or
(c)
in the case of a person who is participating in a
recognised clay target shooting competition—is exempt from the
requirements of section 7 or 7A to be authorised to possess or use a
self-loading or pump action shotgun, but only for the purpose of enabling the
person to participate in the competition and only if the person complies with
the restrictions set out in section 17A (2).
s 26: Am 1996 No 135,
Sch 1 [38]; 2003 No 85, Sch 5 [1].
27Interstate residents moving to
this State
(cf APMC 4 (d))
(1)
A resident of another State or a Territory who is
the holder of the equivalent of a category A or category B licence issued
under the law in force in that State or Territory may notify the Commissioner
in writing that he or she intends to reside on a permanent basis in this
State.
(2)
If the Commissioner is notified in accordance
with subsection (1), the equivalent of the category A or category B licence
(as issued by the other jurisdiction) is, subject to any direction of the
Commissioner, taken to be the corresponding licence in force in this State for
a period of 3 months from the time the person notified the Commissioner or
until the person’s application for a licence under this Act is granted
or refused (whichever is sooner).
(3)
If a resident of another State or a Territory who
is the holder of the equivalent of a category C, category D or category H
licence notifies the Commissioner in writing that the person intends to reside
in this State, the equivalent of the category C, category D or category H
licence (as issued by the other jurisdiction) is, subject to any direction of
the Commissioner, taken to be the corresponding licence in force in this State
for a period of 7 days from the time the person notified the
Commissioner.
(4)
After the expiry of any such 7 day period, any
person:
(a)
who has duly notified the Commissioner in
accordance with subsection (3), and
(b)
who applied for a licence before the expiry of
that period,
does not, while the person’s application for a
licence is being determined by the Commissioner, commit an offence under
section 7 or 7A in respect of the possession of a
firearm.
s 27: Am 2003 No 85,
Sch 5 [1].
Division 3Permits
28General power to issue
permits
(cf APMC 3 (b), 7, 1990 Reg cl 15)
The Commissioner may issue permits for any one or
more of the following purposes:
(a)
to authorise a person to acquire a
firearm,
(b)
to authorise the possession or use of firearms by
minors in accordance with section 32,
(c)
to authorise the possession or use of firearms in
such circumstances as may be prescribed by the regulations (including film or
theatrical productions or other artistic purposes),
(d)
to authorise the acquisition or supply of
firearms in such circumstances as may be prescribed by the
regulations,
(e)
to authorise the shortening or conversion of
firearms,
(f)
to authorise the use of a firearm (being a
firearm to which a category A, category B or category H licence applies) that
is part of a licensed firearms collection in order to test it, or on a special
occasion as specified in the permit,
(g)
to authorise the possession or use of firearms in
such circumstances as the Commissioner considers
appropriate,
(h)
to authorise anything else that is required by
this Act or the regulations to be authorised by a
permit.
s 28: Am 1996 No 135,
Sch 1 [39]; 2013 No 74, Sch 1 [16].
29General restrictions on
issuing permits
(cf APMC 4 (a), 1990 Reg cl 16)
(1)
A permit must not be issued unless the
Commissioner is satisfied that the applicant is a fit and proper person and
can be trusted to have possession of firearms without danger to public safety
or to the peace.
(2)
Without limiting the generality of subsection
(1), a permit must not be issued if the Commissioner has reasonable cause to
believe that the applicant may not personally exercise continuous and
responsible control over firearms because of:
(a)
the applicant’s way of living or domestic
circumstances, or
(b)
any previous attempt by the applicant to commit
suicide or cause a self-inflicted injury, or
(c)
the applicant’s intemperate habits or being
of unsound mind.
(3)
Subject to this Division, a permit must not be
issued to a person who:
(a)
is under the age of 18, or
(b)
has, within the period of 10 years before the
application for the permit was made, been convicted in New South Wales or
elsewhere of an offence prescribed by the regulations, whether or not the
offence is an offence under New South Wales law, or
(c)
is subject to an apprehended violence order or
who has at any time within 10 years before the application for the permit was
made been subject to such an order (other than an order which has been
revoked), or
(d)
is subject to a good behaviour bond, whether
entered into in New South Wales or elsewhere, in relation to an offence
prescribed by the regulations, or
(e)
is subject to a firearms prohibition
order.
(3A)
A permit must not be issued to a person if the
Commissioner is of the opinion, having regard to any criminal intelligence
report or other criminal information held in relation to the person,
that:
(a)
the person is a risk to public safety,
and
(b)
the issuing of the permit would be contrary to
the public interest.
(3B)
The Commissioner is not, under this or any other
Act or law, required to give reasons for not issuing a permit on the grounds
referred to in subsection (3A).
(4)
Despite any other provision of this section, the
Commissioner may refuse to issue a permit if the Commissioner considers that
issue of the permit would be contrary to the public
interest.
(5)
The regulations may provide other mandatory or
discretionary grounds for refusing the issue of a
permit.
s 29: Am 2001 No 24,
Sch 1 [10]; 2002 No 47, Sch 1 [9] [10]; 2006 No 82, Sch 1
[2].
30General provisions relating to
permits
(cf APMC 4 (a), (b), 1989 Act ss 35, 35A, 36,
38)
(1)
An application for a permit must be made in the
prescribed manner and be accompanied by the prescribed
fee.
(2)
A permit is to be in a form approved by the
Commissioner and contain such detail as may be prescribed by the
regulations.
(3)
The regulations may prescribe or provide for the
Commissioner to impose or determine:
(a)
conditions to which a permit is to be subject,
and
(b)
the period for which a permit is to be in
force.
(3A)
A permit that authorises a person to possess or
use a firearm is automatically revoked if the holder of the permit becomes
subject to a firearms prohibition order.
(4)
A permit may be suspended or revoked by the
Commissioner:
(a)
for any reason for which a licence may be
suspended or revoked under this Act, or
(b)
for such other reasons as may be prescribed by
the regulations.
(5)
The suspension or revocation of a permit by the
Commissioner takes effect when notice is served on the holder of the
permit.
(6)
If a permit is suspended, revoked or otherwise
ceases to be in force, the person to whom it was issued must immediately
surrender to a police officer:
(a)
any firearm in respect of which the permit has
been issued, and
(b)
the permit.
Maximum penalty (subsection (6)): 50 penalty
units or imprisonment for 2 years, or both.
(7)
A police officer is authorised to seize any
firearm in respect of which a permit has been issued if the permit is
suspended, revoked or otherwise ceases to be in force. A police officer is
also authorised to seize the permit itself.
(7A)
Subsections (6) and (7) do not apply in relation
to a permit that has expired if the authority conferred by the permit
continues to have effect (as provided by the regulations) pending the
determination of an application for a subsequent permit.
(8)
If a permit is being suspended because the
Commissioner is satisfied that there may be grounds for revoking the permit
under section 11 (5A), the notice suspending the permit is not
required:
(a)
to state the reasons for the suspension,
or
(b)
to include any request that the permit holder
provide the Commissioner with reasons why the permit should not be
revoked.
(9)
If the Commissioner revokes a permit because the
permit holder would be refused a permit on the grounds referred to in section
11 (5A), the Commissioner is not, under this or any other Act or law, required
to give any reasons for revoking the permit on those
grounds.
(10)
Section 12 of the Criminal Records
Act 1991 does not apply in relation to an application for
a permit.
s 30: Am 2007 No 82,
Sch 1.9 [3]; 2010 No 40, Sch 2 [8]–[10]; 2010 No 119, Sch 2.21; 2012 No
42, Sch 1.10 [3]; 2013 No 74, Sch 1 [17] [18]; 2015 No 63, Sch 1
[2].
31Permits to acquire
firearms
(cf APMC 7)
(1)
A person who is the holder of a licence or permit
may apply to the Commissioner for a permit to acquire a
firearm.
(2)
A separate permit to acquire is required in
respect of each firearm to be acquired by the holder of a licence or
permit.
(3)
The Commissioner must not issue a permit
authorising a person to acquire a firearm:
(a)
unless the person is the holder of a licence or
permit authorising the person to use or possess the firearm concerned,
and
(b)
(c)
unless the Commissioner is satisfied that the
applicant has a good reason for acquiring the firearm
concerned.
(3A)
Without limiting subsection (3), the Commissioner
must not issue a permit authorising a person who is the holder of a category H
(sport/target shooting) licence (including a probationary pistol licence) to
acquire a pistol unless the application for the permit is supported by a
written statement by the secretary or other relevant office holder of the
pistol shooting club in respect of which the person’s genuine reason for
having the licence has been established:
(a)
confirming that the person has adequate storage
arrangements (as specified under this Act) in relation to the safe keeping of
the pistol, and
(b)
specifying the shooting activities for which the
pistol is required.
(3B)
In the case of a person who is the holder of a
probationary pistol licence, and without limiting subsections (3) and (3A),
the Commissioner:
(a)
during the initial probationary period referred
to in section 16A (2)—must not issue a permit authorising the person to
acquire any kind of pistol, and
(b)
during the remainder of the term of the
licence—may only issue a total of 2 permits authorising the person to
acquire no more than 2 pistols, any one of which (subject to subsection (3C))
is:
(i)
a centrefire pistol, or
(ii)
a rimfire pistol with a calibre of no more than
.22 inch, or
(iii)
an air pistol with a calibre of no more than .177
inch, or
(iv)
a black powder pistol.
(3C)
However, nothing in subsection (3B) (b)
authorises the holder of a probationary pistol licence to possess a centrefire
pistol and a rimfire pistol at the same time.
(4)
(5)
Unless sooner revoked by the Commissioner, a
permit to acquire a firearm remains in force from the time it is issued for a
period of 90 days (or such longer period as may be approved by the
Commissioner in a particular case) or until the firearm to which the permit
relates is acquired (whichever is the sooner).
Note—
Section 50 provides that a licensed firearms
dealer does not need to obtain a permit under this section when buying a
firearm.
s 31: Am 1996 No 135,
Sch 1 [40]; 2003 No 36, Sch 1 [14]; 2008 No 66, Sch 1 [8]; 2010 No 92, Sch 1
[3].
31AWaiting period for issuing
permits to acquire firearms
(1)
The Commissioner must not issue a permit
authorising a person to acquire a firearm until after the end of the period of
28 days following the day on which the application for the permit is
made.
(2)
Subsection (1) does not apply in relation to an
application for a permit to acquire a firearm to which a particular category
of licence applies if a firearm to which that licence category applies was
registered in the applicant’s name at any time during the period of 90
days immediately before the date on which the application was made and that
registration was not cancelled under section 35 during that 90 day
period.
(3)
For the purposes of subsection (2), a category A
and category B licence are taken to be the same licence
category.
s 31A: Ins 2008 No
66, Sch 1 [9]. Am 2010 No 92, Sch 1 [4].
32Minor’s firearms
permits
(cf APMC 3 (b), 1990 Reg cll 51, 52)
(1)
An application for a minor’s firearms
permit must be lodged personally by the applicant.
(2)
The applicant must:
(a)
be of or above the age prescribed by the
regulations for the purposes of this section and under the age of 18 years,
and
(b)
have completed a firearms safety training course
in accordance with the regulations.
(3)
The application must contain the written consent
of a parent or guardian of the applicant to the issue of the
permit.
(4)
A minor’s firearms permit is to be of one
of the following classes:
•
a minor’s firearms training
permit,
•
a minor’s target pistol
permit.
(5)
A minor’s firearms training permit
authorises the person to whom it is issued to possess and use a firearm (other
than a pistol or a prohibited firearm), but only:
(a)
under the personal supervision of the holder of a
category A, category B or category C licence (or a person authorised by the
Commissioner to supervise the use by minors of firearms of the kind
concerned), and
(b)
for the purpose of receiving instruction in the
safe use of the firearm or competing in such events as are approved by the
Commissioner.
(5A)
Despite subsection (5), the Commissioner may
issue a minor’s firearms training permit that authorises the person to
whom it is issued to possess and use a self-loading or pump action shotgun of
a kind to which a category C licence applies, but only:
(a)
under the personal supervision of the holder of a
category A, category B or category C licence (or a person authorised by the
Commissioner to supervise the use by minors of such firearms),
and
(b)
for the purpose of participating in a recognised
clay target shooting competition, and
(c)
if the person to whom the permit is issued
complies with the restrictions set out in section 17A
(2).
The provisions of section 17A (3)–(6) apply
to and in respect of any such permit in the same way as those provisions apply
to and in respect of a special category C licence as referred to in that
section.
(6)
A minor’s target pistol permit authorises
the person to whom it is issued to possess and use a target pistol (and no
other kind of firearm), but only:
(a)
under the personal supervision of the holder of a
category H licence who is authorised to use a pistol for the purposes of
target shooting, and
(b)
for the purpose of receiving instruction in the
safe use of the pistol or competing in such events as are approved by the
Commissioner.
(7)
Unless sooner surrendered or revoked, a
minor’s firearms permit expires on the permit holder’s eighteenth
birthday.
(8)
Despite subsection (7), the authority conferred
by the permit continues for the period prescribed by the regulations so as to
enable an application for a licence or permit to be
determined.
s 32: Am 1996 No 135,
Sch 1 [41]–[43].