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On 1 October 2008, the Firearms Amendment Act 2008 will commence.
It will make a number of changes to the Firearms Act 1996 and the Firearms Regulation 2006, a summary of which has been detailed below:
Firearms Licence Renewals
Licence renewals will no longer be subject to the mandatory 28 day waiting period:
- where there are no changes to the licence;
- where you wish to add a Category A or B to an existing A or B licence.
For example:
If you hold a Category A licence and wish to add Category B during renewal, you may do so without having to wait the mandatory 28 day waiting period.
If you hold a Category H licence and wish to add Category A, you will be subject to the mandatory 28 day waiting period. This applies to licence renewals only.
Notification of approaching expiry
The Commissioner of Police will be required to notify licence and permit holders, in writing, of the expiry of their licence or permit at least 60 days prior to expiry.
Permit to Acquire Firearms
If you wish to purchase a 2nd or subsequent firearm of a kind already in possession, your Permit to Acquire application will no longer be subject to the mandatory 28 day waiting period.
Category A and B licences are taken to be the same licence category in this instance.
For example: If you already possess a Category B firearm, you can apply for a Permit to Acquire a Category A firearm without being subject to the 28 day waiting period.
Shooting on approved ranges
Unlicensed persons will now be authorised to possess and use a firearm on an approved range whilst under direct supervision of a licensed person for the kind of firearm being used.
NOTE:
- This is subject to successfully completing the required "Declaration - Person shooting on an Approved Range or undertaking a Firearms Safety Training Course' P650 form.
- This does not apply to prohibited firearms.
Participation in a firearms safety training course
Unlicensed persons will now be authorised to possess and use a firearm whilst participating in an approved firearms safety training course under the direct supervision of an approved firearms instructor.
NOTE:
- This is subject to successfully completing the required "Declaration - Person shooting on an Approved Range or undertaking a Firearms Safety Training Course' P650 form.
- This does not apply to prohibited firearms.
For example: You will no longer be required to obtain an exemption before undertaking an approved Firearms Safety Training course.
Note: This came into effect on 18 August 2008 in so far as it relates to longarms.
Recreational Hunting Participation requirements
If you hold a licence for the genuine reason of Recreational Hunting and Vermin Control you will only have to meet the required number of hunting club attendances if club membership is your sole support for that genuine reason. If you have written permission to hunt on a property or if you are the holder of a Game Council R licence, you are not subject to the mandatory attendance requirements.
For example: If Recreational Hunting and Vermin control is your genuine reason for having a licence and your only way of supporting that genuine reason is your hunting club membership you will be required to participate in two club events involving hunting, shooting or firearms safety training. However, if you also have permission from a landowner you will not be required to participate in these events.
Theatrical Armourers
This change will enable Theatrical Armourers to be treated as Firearms Dealers and a Dealers licence will be issued in lieu of a permit.
For example: Theatrical Armourers who currently hold a permit, will be deemed to be the holder of a Firearms Dealer Licence as of 1 October 2008.
All Theatrical Armourers who currently hold a permit will be issued with new authority and conditions prior to 1 October 2008, however these will not take effect until 1 October 2008.
Exemptions for Antique Firearms
Any firearm manufactured before 1900 that:
- is not capable of discharging breech-loaded metallic cartridges, or
- is a firearm the ammunition for which is determined by the Commissioner to be ammunition that is not commercially available.
will be exempt from Permit to Acquire and registration requirements.
For example: A firearm manufactured before 1900 for which the Commissioner has determined ammunition is not commercially available, is not subject to the Permit to Acquire or registration requirement.
NOTE: A licence is still required unless the firearm is a longarm or a pre-percussion pistol as defined in Clause 116 of the Firearm Regulation 2006.
Heirloom Permits
There will no longer be a restriction on the number of Heirloom permits issued.
For example:
Currently you are able only to be issued with one Heirloom permit; this will enable more than one permit to be issued.
Arms Fair Participation
Whilst the requirement to obtain an 'Arms Fair Permit' to authorise the conducting of an Arms Fair remains, there will no longer be a requirement for a licensed Firearms Dealer, Collector licence or Ammunition Collector permit to hold an 'arms fair participant permit'.
For example: If you are a NSW licensed Firearms Dealer and wish to participate in an Arms Fair you will no longer need a permit, as the authority of your Dealers licence has been extended to permit the sale of firearms, parts or ammunition to which your licence applies whilst participating in the Arms Fair.
This does not include interstate firearms dealers or Ammunition Buy and Sell Permit holders.
Historical Re-enactment Participation
If you wish to participate in a Historical Re-enactment and you are a licence holder, you will not be required to hold a participants permit.
For example: The Historical Re-enactment Organisers permit will authorise you to participate provided you hold a current licence.
This does not allow possession or use of a prohibited firearm, and does not extend to allow participation by a permit holder.
Clay Target Shooting
Clubs will no longer have to be affiliated solely with the Australian Clay Target Association in order for members with a special need to use a Category C shotgun to be eligible to apply for a Category C clay target licence. Other bodies can now apply to the Commissioner of Police for approval under Section 17A of the Firearms Act.
Safe Storage Address
There will no longer be a requirement to notify the Commissioner of Police of safe storage address within 14 days, provided the safe storage address has already been supplied with a Permit to Acquire application.
Use of mail by Dealers
This will allow licensed Firearms Dealers (Dealer to Dealer) to send and receive firearms and barrels in NSW via registered post. This must be delivered person to person.
Revocation of Club Approval
The Commissioner will no longer be required to revoke a Club Approval if the club has failed to disqualify a member convicted of an offence under the Firearms Act or associated Regulation. A condition has been inserted requiring a club to prevent a club member from participating in any activity which involves possession or use of firearms when convicted of a prescribed offence.
Recording of persons licensed for other than target-shooting using approved range
As a condition of a Shooting Range approval, it will be a requirement that the range record the name and licence number of a person holding a licence for reasons other than target shooting when they use an approved range under Clause 31 of the Regulation. This clause does not apply to target shooters.
Notice of Inspection of certain firearms
This will remove the provision that under Clause 127 of the Regulation, which allowed service of a notice to inspect certain firearms on either a club official or the licence holder. Now service must be on the licence holder. This clause relates to the inspection of Category C, D and H firearms.
Penalty Notices
This will allow Police or other authorised members of NSW Police Force to issue a penalty notice for certain summary offences under the Act and Regulation. The offences for which a penalty notice may be issued have not yet been prescribed in the Regulation but it is intended that a Regulation prescribing the offences will commence by 1 October 2008.
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