Firearms Act 1996 No 46
Current version for 17 July 2009 to date (accessed 26 November 2009 at 02:38)
Part 4

Part 4 Safe keeping of firearms

(cf APMC 8, 1989 Act s 12)

39   General requirement

(1)  A person who possesses a firearm must take all reasonable precautions to ensure:
(a)  its safe keeping, and
(b)  that it is not stolen or lost, and
(c)  that it does not come into the possession of a person who is not authorised to possess the firearm.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both, if it is established beyond reasonable doubt that the firearm concerned was a prohibited firearm or a pistol, or 20 penalty units or imprisonment for 12 months, or both, in any other case.

(2)  The regulations may specify the precautions that are taken to be reasonable precautions for the purposes of this section.

40   Category A and category B licence requirements

(1)  The holder of a category A or category B licence must comply with the following requirements in respect of any firearm to which the licence applies:
(a)  when any such firearm is not actually being used or carried, it must be stored in a locked receptacle of a type approved by the Commissioner and that is constructed of hard wood or steel and not easily penetrable,
(b)  if such a receptacle weighs less than 150 kilograms when empty, it must be fixed in order to prevent its easy removal,
(c)  the locks of such a receptacle must be of solid metal and be of a type approved by the Commissioner,
(d)  any ammunition for the firearm must be stored in a locked container of a type approved by the Commissioner and that is kept separate from the receptacle containing any such firearm,
(e)  such other requirements relating to security and safe storage as may be prescribed by the regulations.

Maximum penalty: 20 penalty units or imprisonment for 12 months, or both.

(2)  A licensee does not have to comply with the requirements of this section if the licensee satisfies the Commissioner that the licensee has provided alternative arrangements for the storage of firearms in the licensee’s possession that are of a standard not less than the requirements set out in this section.

41   Category C, D and H licence requirements

(1)  The holder of a category C, category D or category H licence must comply with the following requirements in respect of any firearm to which the licence applies:
(a)  when any such firearm is not actually being used or carried, it must be stored in a locked steel safe of a type approved by the Commissioner and that cannot be easily penetrated,
(b)  such a safe must be bolted to the structure of the premises where the firearm is authorised to be kept,
(c)  any ammunition for the firearm must be stored in a locked container of a type approved by the Commissioner and that is kept separate from the safe containing any such firearm,
(d)  such other requirements relating to security and safe storage as may be prescribed by the regulations.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

(2)  A licensee does not have to comply with the requirements of this section if the licensee satisfies the Commissioner that the licensee has provided alternative arrangements for the storage of firearms in the licensee’s possession that are of a standard not less than the requirements set out in this section.

42   Seizure of firearms if storage requirements not met

A police officer must seize any firearm or ammunition that the officer has reasonable grounds to believe is not being kept in accordance with this Part.

42A   Inspections of storage of firearms held by security guard employers

(1)  A police officer may, at any time of the day or night, enter the premises of a master licensee under the Security Industry Act 1997 who is licensed under this Act to possess firearms for the conduct of a security business and inspect that master licensee’s firearms and the security and safe storage of those firearms.
(2)  A police officer conducting an inspection under this section is authorised to enter any part of the premises where firearms are being stored (including a part of a building used for residential purposes) and any part of the premises required to give access to those areas.
(3)  A person must not obstruct, hinder, prevent or interfere with a police officer in the exercise of a power under this section.

Maximum penalty (subsection (3)): 50 penalty units.

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