This Act is the Firearms Act 1996.
(1) This Act commences on a day or days to be appointed by proclamation.(2) Different days may be appointed for the commencement of section 89 for the purpose of repealing different provisions of the Firearms Act 1989, or the Firearms Regulation 1990, on different days.
3 Principles and objects of Act
(1) The underlying principles of this Act are:(a) to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety, and(b) to improve public safety:(i) by imposing strict controls on the possession and use of firearms, and(ii) by promoting the safe and responsible storage and use of firearms, and(c) to facilitate a national approach to the control of firearms.(2) The objects of this Act are as follows:(a) to prohibit the possession and use of all automatic and self-loading rifles and shotguns except in special circumstances,(b) to establish an integrated licensing and registration scheme for all firearms,(c) to require each person who possesses or uses a firearm under the authority of a licence to prove a genuine reason for possessing or using the firearm,(d) to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and sales of firearms,(e) to ensure that firearms are stored and conveyed in a safe and secure manner,(f) to provide for compensation in respect of, and an amnesty period to enable the surrender of, certain prohibited firearms.
(cf 1989 Act s 3, 1990 Reg cl 3)
(1) In this Act:acquire a firearm means purchase, accept or receive, or otherwise take possession of, the firearm, except for the purpose only of repairing it.
air gun means a gun that:
(a) can propel, or is designed to propel, a projectile:(i) by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive, or(ii) by means of a spring, and(b) is operated or designed for operation by means of a trigger or similar device.ammunition includes:
(a) any article consisting of a cartridge case fitted with a primer and a projectile, or(b) any article consisting of a cartridge case fitted with a primer and containing a propelling charge and a projectile, or(c) blank cartridges, airgun pellets, training cartridges or gas cartridges, or(d) any other article prescribed by the regulations for the purposes of this definition.apprehended violence order means:
(a) a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007, or(b) a final order made under Part 15A of the Crimes Act 1900 before its repeal, or(c) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.approved means approved by the Commissioner from time to time.
approved master licensee means a holder of a master licence under the Security Industry Act 1997 who provides uniformed armed security services and is approved by the Commissioner for the purposes of this definition.
barrel length, in relation to a pistol, means:
(a) in the case of a revolver—the distance from the muzzle of the barrel to the breech end immediately in front of the cylinder, or(b) in any other case—the distance from the muzzle of the barrel to the point of the breech face (including the chamber) with the top slide forward and the breech face or bolt in a closed position,and in either case includes an alteration of such kind as is approved by the Commissioner and that has been permanently attached to the barrel of the pistol.black powder pistol means a pistol that:
(a) uses black powder to propel a projectile, and(b) is not capable of being loaded with, or of discharging, breech-loaded metallic cartridges.blank fire firearm means a device that is designed for firing blank cartridges only, such as a starting pistol.
category H (business/employment) licence means a category H licence that is issued for the purposes of business or employment.
category H (sport/target shooting) licence means a category H licence that is issued for the purposes of sport/target shooting.
close associate—see section 4B.
club armourer means a person:
(a) who is a member of a shooting club approved by the Commissioner in accordance with the regulations, and(b) who, in the opinion of the Commissioner, is the club armourer for that club.Commissioner means the Commissioner of Police.
exercise a function includes perform a duty.
explosive has the same meaning as in the Explosives Act 2003.
firearm means a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include anything declared by the regulations not to be a firearm.
firearm part means a barrel, breech, pistol slide, frame, receiver, cylinder, trigger mechanism, operating mechanism or magazine designed as, or reasonably capable of forming, part of a firearm.
firearms dealer means a person who, in the course of carrying on a business or in carrying out the person’s duties as a club armourer:
(a) manufactures, purchases, sells, transfers, tests, repairs or converts firearms or firearm parts, and(b) possesses firearms or firearm parts for the purpose of doing anything referred to in paragraph (a),and includes a theatrical armourer.firearms prohibition order means an order in force under section 73.
function includes a power, authority or duty.
genuine reason means a genuine reason as referred to in the Table to section 12.
imitation firearm—see section 4D.
interim apprehended violence order means:
(a) an interim apprehended violence order within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, or(b) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.licence means a licence in force under this Act.
permit means a permit in force under this Act.
pistol means a firearm that:
(a) is reasonably capable of being raised and fired by one hand, and(b) does not exceed any dimension prescribed by the regulations.possession of a firearm includes any case in which a person knowingly:
(a) has custody of the firearm, or(b) has the firearm in the custody of another person, or(c) has the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.Note. See also section 4A.post-1946 pistol means a pistol manufactured after 1 January 1946.
probationary pistol licence means a category H (sport/target shooting) licence of the kind referred to in section 16A.
prohibited firearm means a firearm described in Schedule 1.
prohibited pistol—see section 4C.
provisional pistol (business/employment) licence means a category H (business/employment) licence of the kind referred to in section 16C.
purchase includes:
(a) purchase by wholesale, retail, auction or tender, and(b) obtain by barter or exchange, and(c) cause or allow anything referred to above.Register means the Register of Firearms referred to in section 33.
registered means registered for the time being under this Act.
sell includes:
(a) sell by wholesale, retail, auction or tender, and(b) dispose by barter or exchange, and(c) sell for profit, and(d) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale, and(e) conduct negotiations for sale, and(f) consign or deliver for sale, and(g) cause or allow anything referred to above.test a firearm or firearm part includes carry out developmental work or research into the manufacture of a firearm or firearm part.
theatrical armourer means a person who carries on a business of providing firearms for the purposes of film, television or theatrical productions.
use a firearm means fire the firearm or hold it so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.
(2) For the purposes of this Act:(a) anything that would be a firearm if it did not have something missing from it, or a defect or obstruction in it, is taken to be a firearm, and(b) any firearm that would be a prohibited firearm:(i) if it did not have something missing from it, or a defect or obstruction in it, or(ii) if it were not for the fact that something has been added to it,is taken to be a prohibited firearm.(3) For the purposes of this Act:(a) if firearm parts are possessed, or being carried, by 2 or more persons, each of them is taken to be possessing or carrying the firearm, and(b) a person who takes possession of anything under a hire-purchase agreement is taken to have bought it and the person who possessed it immediately before parting with possession is taken to have sold it.(4) Notes in the text of this Act (including bracketed matter in the headings to certain provisions) do not form part of the Act.
4A Meaning of “possession” of a firearm—proof of possession
(1) Without restricting the meaning of the word possession, for the purposes of any proceedings under this Act, a firearm is taken to be in the possession of a person so long as it is in or on any premises owned, leased or occupied by, or in the care, control or management of, the person, unless the court is satisfied that:(a) the firearm was placed in or on, or brought into or on to, the premises by or on behalf of a person who was lawfully authorised by or under this Act to possess the firearm, or(b) the person did not know and could not reasonably be expected to have known that the firearm was in or on the premises, or(c) on the evidence before it, the person was not in possession of the firearm.(2) In this section, premises means any place, vehicle, vessel or aircraft.
4B Meaning of “close associate” of firearms dealer
(1) For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a firearms dealer licence if the person:(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or licence holder, and by virtue of that interest or power is or will be able to exercise a significant influence over or with respect to the conduct of that business, or(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or licence holder.(2) In this section:relevant financial interest, in relation to a business, means:
(a) any interest in the capital or assets of the business, or(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.relevant position, in relation to a business, means a position whose holder participates in the management of the business (whether in the capacity of a director, manager or secretary or in any other capacity).
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:
(a) to participate in any managerial or executive decision, or(b) to elect or appoint any person to any relevant position.
4C Meaning of “prohibited pistol”
(1) In this Act, prohibited pistol means any of the following kinds of pistol:(a) a pistol with a calibre of more than .38 inch,(b) a self-loading pistol with a barrel length of less than 120 mm,(c) a revolver with a barrel length of less than 100 mm,but does not include any such kind of pistol that is a black powder pistol.Note. A prohibited pistol is not a prohibited firearm. Prohibited firearms are listed in Schedule 1 (see definition of prohibited firearm in section 4 (1)).(2) For the purposes of this Act, any pistol that would be a prohibited pistol:(a) if it did not have something missing from it, or a defect or obstruction in it, or(b) if it were not for the fact that something has been done to it (being something that, in the opinion of the Commissioner, is not in accordance with the recognised specifications for that pistol),is taken to be a prohibited pistol.
4D Special provisions relating to imitation firearms
(1) This Act applies to an imitation firearm in the same way as it applies to a firearm, subject to the following:(a) the Commissioner may not issue a licence authorising the possession or use of an imitation firearm (except to a firearms dealer) but may issue a permit authorising the possession or use of an imitation firearm,(b) an imitation firearm is not required to be registered.(2) For the purposes of the application (as provided by this section) of this Act to imitation firearms:(a) an imitation firearm that is an imitation of a pistol is taken to be a pistol, and(b) an imitation firearm that is an imitation of a prohibited firearm is taken to be a prohibited firearm.(3) In this section, imitation firearm means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable parts, substantially duplicates in appearance a firearm but that is not a firearm.(4) However, an imitation firearm does not include any such object that is produced and identified as a children’s toy.
5 Amendment of Schedule 1 list of prohibited firearms
(cf PW Act s 3 (4))
The regulations may amend Schedule 1:(a) by adding the name or description of a firearm, or(b) by amending a name or description of a prohibited firearm for the purpose of more accurately describing the firearm concerned.
(cf 1989 Act s 4, 1990 Reg cl 96A)
(1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities (except as provided otherwise by this section).(2) A person is not guilty of an offence under this Act or the regulations only because of something done by the person while acting in the ordinary course of the person’s duties:(a) as a police officer (or as a student police officer enrolled in the New South Wales Police Academy), or(b) as a prison officer employed in the Department of Corrective Services, or(c) as a police officer, or as a prison officer, of the Commonwealth, another State or a Territory, or(d) as a member of the armed forces of the Commonwealth, or of any government that is allied or associated with the Commonwealth in any war or joint military exercise in which the Commonwealth is engaged, or(e) (Repealed)(f) as, or under the authority of, the person in charge of a ship or an aircraft, but only for the purpose of having equipment of or on the ship or aircraft repaired or tested by a person authorised to do so by a licence.(3) A person is not guilty of an offence under section 7 or 7A only because of possessing a firearm or firearm part:(a) that is being conveyed or stored in the ordinary course of the person’s duties in the business of a carrier or warehouse operator, or(b) that has been seized by the person, under the authority of any Act or other law, in the course of the person’s duties as an employee or officer of a government agency or public authority, or(c) while acting in the ordinary course of the person’s duties as a member (other than a police officer) of the Police Force.(4) A person who is a member of the Australian Navy Cadets, the Australian Cadet Corps or the Air Training Corps is not required to be the holder of a licence or permit to authorise the person to possess a firearm, but only while possessing it:(a) for the purposes of activities of the Cadets or the Corps of which the person is a member, and(b) in accordance with such guidelines as may be fixed by order of the Commissioner.
6AA Application of Commonwealth National Vocational Education and Training Regulator Act 2011
(1) In this section:Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.
State firearms regulation provisions means the provisions of this Act and the regulations:
(a) regulating organisations providing training, assessment or instruction in relation to possession or use of firearms, and(b) providing for the approval by or under this Act of training, assessment or instruction provided by organisations, and(c) providing for the exercise of investigative powers, sanctions and enforcement by or under this Act in relation to such matters.(2) The State firearms regulation provisions are declared to be an excluded matter for the purposes of section 10 of the Commonwealth Act in relation to section 9 (Immunity from State and Territory laws) of the Commonwealth Act to the extent only that that section prevents the application of the State firearms regulation provisions to an NVR registered training organisation (within the meaning of the Commonwealth Act) providing training, assessment or instruction in relation to the use and possession of firearms regulated by this Act.(3) This section is taken to have had effect from 1 July 2011.
6A Exemption for certain firearms manufactured before 1900
(1) A person is exempt from any requirement under this Act to hold a licence or permit in respect of the possession of an antique firearm. However, the exemption provided by this subsection does not extend to an antique revolver.Note. A licence or permit will still be required to use any such firearm.(2) An antique firearm is not required to be registered. Accordingly, a person does not commit an offence under section 36 or 37 (2) in relation to an antique firearm.(3) A permit under section 31 to acquire a firearm is not required in the case of an antique firearm.(4) Sections 50, 50AA, 51 and 51A do not apply in relation to the sale or purchase of an antique firearm or a firearm part for an antique firearm. However, the exemption provided by this subsection does not extend to an antique revolver or a firearm part for an antique revolver.(5) Sections 50 (b) and 51 (1) (b) (ii) and (1A) (b) (ii) do not apply in relation to the sale or purchase of an antique revolver.(6) The possession of an antique firearm by a person in accordance with an exemption under this section is taken not to be possession for the purposes of section 51D.(7) In this section:antique firearm means any firearm manufactured before 1900 that:
(a) in the case of a firearm other than a pistol:(i) is not capable of discharging breech-loaded metallic cartridges, or(ii) is a firearm the ammunition for which is determined by the Commissioner to be ammunition that is not commercially available, or(b) in the case of a pistol—is not capable of discharging breech-loaded metallic cartridges.antique revolver means an antique firearm that is a percussion lock pistol equipped with a revolving cylinder.
(8) Any determination by the Commissioner of the ammunition that is not commercially available for the purposes of this section must be published in the Gazette.
6B Exemption for unlicensed persons shooting on approved ranges and for persons undertaking firearms safety training courses
(1) A person is exempt from any requirement under this Act to be authorised by a licence or permit to possess or use a firearm (other than a prohibited firearm) if the person possesses or uses the firearm only:(a) at a shooting range approved by the Commissioner in accordance with the regulations and while under the direct supervision of a person who is authorised by a licence to possess or use a firearm of that kind, or(b) while participating in a firearms safety training course approved by the Commissioner in accordance with the regulations and while under the direct supervision of a firearms instructor approved by the Commissioner in accordance with the regulations.(2) Any such exemption from the requirement to be authorised by a licence or permit to possess or use a firearm is subject to the requirements prescribed by the regulations.(3) This section does not apply in relation to a person who is under the age of 12 years.