Firearms Act 1996 (NSW)

Firearms Act 1996 No 46 An Act to provide for the regulation, control and registration of firearms; to repeal the Firearms Act 1989; to amend the Prohibited Weapons Act 1989; and for related purposes. Part 1 Preliminary 1 Name of Act This Act is the Firearms Act 1996. 2 Commencement (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 supply 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. 4 Definitions (cf 1989 Act s 3, 1990 Reg cl 3) (1) In this Act— acquire means accept or receive supply of. 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. community correction order has the same meaning as in the Crimes (Sentencing Procedure) Act 1999. conditional release order has the same meaning as in the Crimes (Sentencing Procedure) Act 1999. 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 a paintball marker within the meaning of the Paintball Act 2018 or 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, acquires, supplies, 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. Register means the Register of Firearms referred to in section 33. registered means registered for the time being under this Act. supply means transfer ownership of, whether by sale, gift, barter, exchange or otherwise, and includes the following— (a) offer for supply, receive for supply, have in possession for supply or expose or exhibit for supply, (b) conduct negotiations for supply, (c) consign or deliver for supply, (d) cause or allow supply. 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. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (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, and (c) any collection of the component parts of a thing that if assembled would be a firearm or prohibited firearm (or would be a firearm or prohibited firearm if it did not have something missing from it, a defect or obstruction in it or something added to it) is taken to be a firearm or prohibited firearm (as appropriate). (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 acquired it and the person who possessed it immediately before parting with possession is taken to have supplied 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, (c) the holder of a permit authorising the possession or use of an imitation firearm (a possession or use permit) is not required to be authorised by a permit to acquire an imitation firearm to which the possession or use permit applies. (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. Note. Reference to a pistol includes a prohibited pistol. (See section 4C.) (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. 6 Application of Act (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 (a1) as a special constable within the meaning of section 82L of the Police Act 1990 who is exercising functions of a police officer, or (b) as a prison officer employed in Corrective Services NSW, Department of Justice, 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 supply or acquisition 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 supply or acquisition 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 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 supervision of a firearms instructor approved by the Commissioner in accordance with the regulations. (1A) The level of supervision that is required for the purposes of this section is direct supervision so that the person supervising supervises one person only. (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. Part 2 Licences and permits Division 1 Requirement for licence or permit 7 Offence of unauthorised possession or use of pistols or prohibited firearms (cf 1989 Act s 5, APMC 3) (1) A person must not possess or use a pistol or prohibited firearm unless the person is authorised to do so by a licence or permit. Maximum penalty—imprisonment for 14 years. Note. Reference to a pistol includes a prohibited pistol. (2) Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person— (a) uses a pistol or prohibited firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the pistol or prohibited firearm, or (b) contravenes any condition of the licence. (3) If, on the trial for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 7A, it may find the person not guilty of the offence but guilty of an offence under section 7A, and the accused is liable to punishment accordingly. 7A Offence of unauthorised possession or use of firearms generally (1) A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit. Maximum penalty—imprisonment for 5 years. (2) Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person— (a) uses a firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the firearm, or (b) contravenes any condition of the licence. Division 2 Licensing scheme 8 Licence 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, lever 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 • lever action shotguns with a magazine capacity of no more than 5 rounds. 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 • lever 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 or 10 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 3 registered firearms to which the licence applies, (b) the licensee is authorised to use a firearm to which the licence applies 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 f