FIREARM DEALERS - NSW Police Force
FIREARM DEALERS - NSW Police Force
FIREARM DEALERS - NSW Police Force
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<strong>FIREARM</strong>S REGISTRY<br />
<strong>FIREARM</strong> DEALER<br />
INFORMATION<br />
BOOKLET<br />
Firearm Dealer Information Booklet D/2012/146414<br />
Last updated September 2012 Version 5.0<br />
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Document Title: Firearm Dealer Information Booklet.<br />
Subject: Administrative guide for <strong>NSW</strong> firearm dealers.<br />
Command responsible <strong>NSW</strong>PF Firearms Registry.<br />
Available to: Unrestricted.<br />
Publication No. 0000235.<br />
Publication Date: September 2012.<br />
Version Number: 5.0<br />
Review Date: August 2014.<br />
ISBN/ISSN Number: ISBN 978-1-921309-09-0<br />
Copyright of this document is vested in the Commissioner of <strong>Police</strong>. © 2012.<br />
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IMPORTANT INFORMATION FOR READERS OF THIS BOOKLET<br />
This information is provided as an administrative guide for <strong>NSW</strong> firearm<br />
dealers and does not constitute legal advice. Information in this document<br />
should not be solely relied upon in determining whether or not to make an<br />
application for, or seek review of a decision to refuse a licence/permit under the<br />
Firearms Act 1996 or associated regulation.<br />
Other important information pertaining to key aspects of firearms dealer<br />
business and process requirements can be found on the <strong>NSW</strong>PF website, which<br />
also contains updates of this booklet and informative FACT sheets.<br />
This information does not constitute a decision of the New South Wales <strong>Police</strong><br />
<strong>Force</strong> Firearms Registry in relation to any application and must not give rise to<br />
any such expectation by the recipient, based on the information contained<br />
herein.<br />
The recipient of this booklet is advised that they should seek comprehensive and<br />
independent legal, financial, technical, local authority and related trading advice<br />
in addition to advice on all appropriate insurances for conducting the business<br />
activities of a firearms dealer in <strong>NSW</strong>. Such advice should be sought before<br />
making any decisions based on the information contained herein.<br />
Persons intending to become a firearms dealer, or existing firearms dealer<br />
businesses should read this document and the related FACT SHEETS on the<br />
<strong>NSW</strong>PF Internet carefully.<br />
Recent additions to the process of becoming a firearms dealer or reapplication<br />
for a <strong>NSW</strong> firearm dealer’s licence include completion of a checklist and signed<br />
acknowledgement that the applicant has read this booklet and is familiar with<br />
the legislative obligations for firearms dealers in <strong>NSW</strong>.<br />
The recipient is also advised that any reliance upon this information is at their<br />
own discretion and risk. The New South Wales <strong>Police</strong> <strong>Force</strong> bears no<br />
responsibility for any loss, damage or other liabilities incurred as a result of the<br />
reliance by any person on this information.<br />
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Preface<br />
This information has been prepared by the <strong>NSW</strong> <strong>Police</strong> <strong>Force</strong> Firearms Registry to assist licensed<br />
firearm dealers, club armourers and theatrical armourers to understand the processes and procedures<br />
involved in the administration of their business, and the responsibilities placed upon them. The<br />
legislation regulating firearm possession and use in New South Wales comes from the Firearms Act<br />
1996 (the Act) and the Firearms Regulation 2006 1 (the Regulation). The onuses of responsibility is<br />
on all firearm licence and permit holders, particularly firearm dealers and club armourers, to have a<br />
good working knowledge of this legislation and any future amendments which may occur.<br />
The present firearm laws have resulted from the National Firearms Agreement which consists of<br />
resolutions made from the Australasian <strong>Police</strong> Ministers’ Council meetings following the Port<br />
Arthur tragedy in 1996. The purpose of this agreement was to make various resolutions in an<br />
attempt to align the firearm laws of all Australian States and Territories.<br />
The Act makes a distinction between a firearm dealer and a club armourer, with the difference<br />
between the two licences being that club armourers are not engaged in commercial dealings and can<br />
only undertake activities incidental to their duties as the club armourer of a club. The legislation,<br />
record keeping, security and reporting requirements for club armourers are essentially the same as<br />
those of firearm dealers. Accordingly, unless otherwise specified, a reference to a licensed firearm<br />
dealer is taken to include club armourers and theatrical armourers.<br />
The information contained in this booklet is correct and accurate at the time of publication with<br />
relevant updates undertaken, as necessary. Should any licensed firearm dealer require further<br />
information or assistance they may visit the <strong>NSW</strong> <strong>Police</strong> <strong>Force</strong> Firearms Registry website at<br />
www.police.nsw.gov.au/firearms or emailing the Dealers Unit at dealers@police.nsw.gov.au.<br />
Alternatively, licensed firearm dealers may contact the Firearms Registry by phone on 1300 362<br />
562 (pressing 6 at the menu option – <strong>FIREARM</strong> <strong>DEALERS</strong> ONLY) during business hours between<br />
8.30am – 4.30pm Monday to Friday (except public holidays), by facsimile on (02) 6670 9811 or by<br />
mail to Firearms Registry, Locked Bag 1 Murwillumbah, <strong>NSW</strong> 2484.<br />
1 These documents can be obtained from internet sites such as www.legislation.nsw.gov.au or www.austlii.edu.au.<br />
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Contents<br />
Preface..................................................................................................................................................4<br />
PART 1 - GENERAL INFORMATION .............................................................................................7<br />
1.1 Application for a Firearm Dealer Licence. ..........................................................................7<br />
1.2 Legislation Regulating Firearm Dealers. .............................................................................9<br />
1.3 Authority Conferred by a Dealers Licence. .........................................................................9<br />
1.4 Authorised Employees of a Firearm Dealer.......................................................................11<br />
1.5 Close Associates of a Firearm Dealer................................................................................13<br />
PART 2 - BUSINESS PREMISES and SAFE STORAGE. ..............................................................15<br />
2.1 Business Premises..............................................................................................................15<br />
2.2 Display Cases.....................................................................................................................16<br />
2.3 Gun Display Racks ............................................................................................................16<br />
2.4 Safes, Vaults and Strongrooms – General. ........................................................................17<br />
2.5 Safe Storage Requirements. ...............................................................................................17<br />
2.5.1 Free Standing Safes....................................................................................................17<br />
2.5.2 Wall Safes. .................................................................................................................17<br />
2.5.3 Under-the-Floor Safes................................................................................................18<br />
2.5.4 Vaults/Strongrooms. ..................................................................................................18<br />
2.5.5 Safe Storage – Ammunition.......................................................................................18<br />
2.6 Moving Premises. ..............................................................................................................19<br />
PART 3 - GENERAL ........................................................................................................................20<br />
3.1 Advertising Sale of Firearms. ............................................................................................20<br />
3.2 Identifying Firearms on the Premises of a Firearm Dealer................................................20<br />
3.3 Testing of Firearms. ...........................................................................................................21<br />
3.4 Use of Dealer/Armourer Stock. .........................................................................................21<br />
PART 4 - TRANSPORTATION AND DELIVERY OF <strong>FIREARM</strong>S/ <strong>FIREARM</strong>S PARTS. .........22<br />
4.1 Commercial Transportation. ..............................................................................................22<br />
4.2 Non-Commercial Transportation. ......................................................................................22<br />
4.3 Mailing Firearms................................................................................................................23<br />
4.4 Confirmation of Receipt of a Firearm................................................................................23<br />
PART 5 - RECORD KEEPING.........................................................................................................24<br />
5.1 PAB28 – Register of Acquisitions & Disposals of Firearms.............................................24<br />
5.2 PAB31 – Notice of Acquisition or Disposal of a Firearm – Standard...............................25<br />
5.3 PAB30 – Notice of Acquisition or Disposal of a Firearm – Bulk. ....................................25<br />
5.4 PAB32 – Quarterly Return of Acquisitions and Disposals................................................25<br />
5.5 P558 – Register of Firearms in Possession. .......................................................................26<br />
PART 6 - <strong>FIREARM</strong>S TRANSACTIONS........................................................................................27<br />
6.1 Permits to Acquire. ............................................................................................................27<br />
6.2 Transfer of Ownership within <strong>NSW</strong>. .................................................................................28<br />
6.3 Transfer of Ownership – Interstate. ...................................................................................28<br />
6.4 Safe Storage. ......................................................................................................................28<br />
6.5 Consignment. .....................................................................................................................29<br />
6.6 Repair/Replacement...........................................................................................................29<br />
6.7 Witnessing Transactions. ...................................................................................................29<br />
PART 7 - REGISTRATION..............................................................................................................30<br />
7.1 New Registration. ..............................................................................................................30<br />
7.1.1 Never Registered........................................................................................................30<br />
7.1.2 Registered Interstate – New Owner. ..........................................................................31<br />
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7.1.3 Registered Interstate – Same Owner..........................................................................31<br />
7.1.4 Received from Overseas. ...........................................................................................31<br />
7.1.5 Amnesties...................................................................................................................32<br />
7.3 Serial Numbers...................................................................................................................32<br />
7.4 Spare Barrels......................................................................................................................32<br />
7.5 Firearm Description. ..........................................................................................................32<br />
7.6 Frames and Receivers. .......................................................................................................33<br />
7.7 ‘De-registering’ Firearms...................................................................................................33<br />
<strong>FIREARM</strong> CODE TABLE ............................................................................................................34<br />
Annexure A........................................................................................................................................35<br />
Part 5 of the Firearms Act 1996.........................................................................................................35<br />
Annexure B ........................................................................................................................................40<br />
Part 4 of the Firearms Regulation 2006 ............................................................................................40<br />
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PART 1 - GENERAL INFORMATION<br />
The Act defines a “firearm dealer” as a person who, in the course of carrying on a business or in<br />
carrying out their duties as a club armourer (a) manufactures, purchases, transfers, tests, repairs,<br />
converts firearms or firearms parts; and (b) possess firearms and firearm parts for the purpose of<br />
manufacturing, purchasing, transferring, testing, repairing or converting them, and includes a<br />
theatrical armourer as defined in section 4(1) of the Act.<br />
In this regard, section 43 of the Act makes it an offence, punishable by up to 7 years imprisonment,<br />
for a person to carry on a business as a firearm dealer, unless authorised to do so by way of a<br />
firearm dealer licence. Accordingly, any person proposing to carry on a business as a firearm<br />
dealer, undertake activities as a club armourer or theatrical armourer must be licensed to do so.<br />
In addition, it is important to note that a firearms dealer licence cannot be transferred to another<br />
person. (Refer section 19 (2) of the Act).<br />
1.1 Application for a Firearm Dealer Licence.<br />
New applicants for a firearm dealer licence should contact the Firearms Registry for information<br />
about applying for a firearms dealer licence.<br />
<strong>NSW</strong> <strong>Police</strong> <strong>Force</strong> Firearms Registry<br />
Locked Bag 1<br />
Murwillumbah <strong>NSW</strong> 2484<br />
Ph: 1300-362-562<br />
Fax: (02) 6670-9811<br />
Firearm dealer’s licences are generally adjudicated on and issued by the Licensing Permits and<br />
Authorities Unit of the Firearms Registry for a period of five (5) years. Firearm dealer licence reapplication<br />
documents are forwarded to the postal address of the licensed firearm dealer<br />
approximately ninety (90) days prior to the expiry of their existing licence. This re-application<br />
should be completed and returned to the Firearms Registry as a priority, and no later than the<br />
expiration of the existing licence.<br />
The scheduled fee for a firearm dealer licence and theatrical armourer is $500.00; a club armourer<br />
is $100.00.<br />
Please Note: Clause 18 of the Firearms Regulation 2006 prescribes that if an application for a<br />
subsequent licence is received prior to the expiration of the existing licence, the authority<br />
conferred by the existing licence continues until the issuance or refusal of the subsequent<br />
licence.<br />
Failure to lodge the application prior to expiration of the existing licence will result in the<br />
licence expiring and the dealership becoming unauthorised to continue to possess firearms<br />
pending the issuance of the new licence.<br />
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A completed application should consist of –<br />
‣ A completed P560 ‘Application for a Firearm Dealer Licence’, or<br />
‣ A completed P643 ‘Application for a Club Armourer Licence’, or<br />
‣ A completed P649 ‘Application for a Theatrical Armourer Licence’.<br />
‣ If the application is made in a business name, a copy of the business registration certificate,<br />
or in the case of a corporation a copy of the corporations ASIC Registration (and ACN).<br />
‣ Nominate all ‘close associates’ 2 of the business on a P566 Firearm Dealer Close Associates<br />
form.<br />
‣ Evidence of completion of Firearms Safety Training courses for the types of firearms (i.e.<br />
Long arms/pistols) proposed to be handled in the course of the business and for each person<br />
(i.e. licence holder, all employees, directors, partners etc) who will undertake activities<br />
handling firearms). Not required on renewal if the courses have already been completed.<br />
‣ A PAB21 ‘Safe Storage’ inspection certificate obtained from local <strong>Police</strong> 3 .<br />
‣ Details of the types of activities proposed to be undertaken on the premises.<br />
‣ Confirmation that you have obtained appropriate consent(s) from your local government<br />
authority<br />
‣ Details as to the types of firearms sought to be authorised by the licence.<br />
‣ Completed P565 ‘Employee Authority’ application forms for all staff that has access to<br />
firearms in the course of the business.<br />
‣ If you apply for prohibited firearms to be included as part of your application, you must<br />
justify your need (or a market) for these highly restricted items on the checklist you are<br />
asked to complete when you first contact the Firearms Registry.<br />
Upon receipt, the Firearms Registry will review the application and liaise with the applicant and<br />
local police to address any deficiencies and address any concerns relating to the application. If the<br />
concerns relating to the granting of the licence cannot be resolved through negotiation, the<br />
Applicant will be notified of the refusal.<br />
Please note: Initial applications for licences, including firearm dealer licences, are subject to a<br />
statutory 28 day cooling off period from the date the application is received by the Firearms<br />
Registry. This does not apply to re-applications received prior to the expiry date of the<br />
existing licence.<br />
2<br />
‘Close associates’ are defined in section 4B of the Act: generally those persons with a financial interest in the<br />
business, or are involved in the business management, or who could influence the conduct of the business.<br />
3 Please note the recommended safe storage requirements relating to Dealers premises outlined in detailed FACT sheets<br />
on the <strong>NSW</strong>PF website: http://www.police.nsw.gov.au/services/firearms/safe_storage.<br />
NOTE: Firearms Regulation 2006 clause 37 ONLY applies to firearm dealers and Theatrical Armourers, not club<br />
armourers.<br />
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1.2 Legislation Regulating Firearm Dealers.<br />
Licensed firearm dealer activities are substantially regulated by Part 5 of the Act (i.e. sections 43 to<br />
49) and Part 4 of the Regulation (clauses 35 to 44). A copy of this legislation may be obtained at<br />
www.legislation.nsw.gov.au or alternatively at www.austlii.edu.au.<br />
Whilst the abovementioned provisions regulate the activities and outline the duties and<br />
responsibilities of the firearm dealer, Part 3 of the Act (sections 33 to 38) and Part 11 of the<br />
Regulation (clauses 101 to 108) have been created to specifically outline the firearm registration<br />
process. This forms a substantial component of the activities undertaken by a firearm dealer, as they<br />
relate to firearms.<br />
1.3 Authority Conferred by a Dealers Licence.<br />
Section 4 of the Act defines the meaning of Firearms dealer.<br />
Firearm dealer means a person who, in the course of carrying on a<br />
business or in carrying out the person’s duties as a club armourer:<br />
(a) manufactures, purchases, sells, transfers, tests, repairs or converts<br />
firearms or firearm parts, and<br />
(b) possesses firearms or firearm parts for the purpose of doing<br />
anything referred to in paragraph (a).<br />
and includes a theatrical armourer.<br />
Theatrical armourer means a person who carries on a business of<br />
providing firearms for the purposes of film, television or theatrical<br />
productions.<br />
As demonstrated in the definition, the primary identifier of a “firearm dealer” is a person who is<br />
carrying on a business, or carrying out their duties as a club or theatrical armourer, which involves<br />
the manufacture, purchase, sales, transfer, testing, repair of conversion of firearms, or possession of<br />
firearms or firearms parts for these purposes.<br />
In accordance with this definition, the provisions of section 8 of the Act prescribe the authority<br />
conferred by a firearm dealer licence as follows:<br />
Firearm Dealer Licence.<br />
Firearms to which the licence applies:<br />
• the kinds of firearms specified in the licence.<br />
Authority conferred by the licence:<br />
In the case of a firearm dealer other than a club armourer or a theatrical<br />
armourer, authorises the licensee and (subject to the conditions of the<br />
licence and the regulations):<br />
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(a) employees or directors of the corporation specified in the licence, or<br />
(b) employees of the partnership so specified, or<br />
(c) employees of the individual so specified,<br />
who are eligible to be issued with a licence and who are authorised in<br />
writing by the Commissioner, to possess, manufacture, convert, purchase,<br />
sell, transfer, repair, maintain or test, in the course of carrying on the<br />
business of a firearm dealer, and only at the premises specified in the<br />
licence, any firearm to which the licence applies, and to possess,<br />
manufacture, purchase or sell ammunition for those firearms.<br />
In the case of a club armourer, authorises the licensee to possess,<br />
manufacture, convert, purchase, sell, transfer, repair, maintain or test in the<br />
licensee’s capacity as a club armourer, and only at the premises specified<br />
in the licence, the firearms to which the licence applies, and to possess,<br />
manufacture, purchase or sell ammunition for those firearms.<br />
The authority conferred by a firearm dealer licence issued to a club<br />
armourer is intended for carrying out the person’s duties as club armourer<br />
for the club concerned.<br />
In the case of a theatrical armourer, authorises the licensee to possess, use,<br />
manufacture, convert, purchase, sell, transfer, supply, repair, maintain or<br />
test firearms (and blank cartridges for those firearms) in the licensee’s<br />
capacity as a theatrical armourer.<br />
The authority conferred by a firearms dealer licence issued to a theatrical<br />
armourer extends to any employee of the licensee who is authorised in<br />
writing by the Commissioner.<br />
A number of important details need to be emphasised regarding the authority conferred by a firearm<br />
dealer licence –<br />
‣ The licence ONLY authorises the firearm dealer to possess, manufacture, convert, purchase,<br />
sell, transfer, repair, maintain or test the categories of firearms (and or prohibited firearm)<br />
listed on the firearm dealer licence.<br />
‣ A firearm dealer and a theatrical armourer (not a club armourer) may have employees<br />
however, these persons must be eligible to be issued with a licence (see 1.4 below), and<br />
authorised in writing by the Commissioner of <strong>Police</strong> 4 .<br />
‣ A Club armourer is excluded from having employees and a back-up armourer.<br />
‣ The issuance of a firearm dealer licence ONLY authorises possession of firearms (for the<br />
purposes prescribed) in the course of carrying on a business 5 (or their activities as club<br />
armourer).<br />
4 Employees of a firearm dealer must complete a P565 form and forward the application to the Firearms Registry (with<br />
or subsequent to the issuance of the Dealer’s licence). An employee authority may then be issued and returned to the<br />
Firearm dealer. Note: Employees cannot commence employment involving the possession of firearms (for any purpose)<br />
until this authority has been received.<br />
5 The possession and use of firearms by a licence holder or an employee for any other purpose must be authorised by an<br />
separate licence issued to the individual and only used for the “genuine reasons” specified in that licence.<br />
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‣ A firearm dealer licence authorises the licence holder to sell ammunition for the categories<br />
authorised by the licence.<br />
‣ A firearm dealer licence issued to a theatrical armourer authorises the licence holder to<br />
possess, use and sell blank fire ammunition only.<br />
‣ A firearm dealer licence issued to either a person engaged in the business of a firearm<br />
dealer, or undertaking activities as a club armourer ONLY authorises the conduct of<br />
activities at the premises specified in the licence 6 .<br />
‣ A firearm dealer licence issued to a theatrical armourer authorises the licence holder to<br />
undertake activities at premises other than the premises specified in the licence, but only to<br />
undertake the activities specified in the licence. Additional information for theatrical<br />
armourers is contained in clause 35A of the Regulation.<br />
‣ A Club armourer may only undertake activities involving the manufacture, purchase, sale,<br />
transfer, testing, repair or conversion of firearms where those activities are incidental to<br />
their activities as a club armourer (to the members of that club). If the Club armourer is<br />
witnessing a firearm transaction, one of the parties must be a club member and Club<br />
armourers are only authorised to manufacture, purchase, sale, test or repair firearms<br />
authorised by their licence 7 .<br />
1.4 Authorised Employees of a Firearm Dealer.<br />
In accordance with the authority conferred by a Dealer licence issued in accordance with section 8<br />
of the Act, employees of an individual, corporation or partnership carrying on activities as a firearm<br />
dealer, may be granted an authority to perform all of the functions of a firearm dealer.<br />
As stated above, a firearm dealer, other than a club armourer, may have authorised employees<br />
however, these persons must be eligible to be issued with a licence 8 , and authorised in writing by<br />
the Commissioner of <strong>Police</strong>.<br />
The granting of an employee authority subjects the holder the same authority and conditions as<br />
what the firearm dealer is subject to, and allows them to carry out the day-to-day activities of the<br />
business. Similarly, however, the duties and responsibilities applicable to a firearm dealer extend to<br />
the employees and any action undertaken by the employee is attributable to the firearm dealer.<br />
Accordingly the employee, as well as the employer licence holder on application for their licence,<br />
must satisfy the following requirements:<br />
‣ the Commissioner must be satisfied that the applicant is a fit and proper person<br />
without danger to public safety or the peace; see sections 3 and 17B of the Act.<br />
‣ in the case of a person who has never held a licence (including a firearms licence<br />
under a previous Act), the applicant has completed, to the satisfaction of the<br />
Commissioner, such firearms training and safety courses as are prescribed by the<br />
regulations in respect of the licence concerned (including any firearms training and<br />
6 The holders of Firearm dealer licences, firearm collectors licences and ammunition collector permits can participate in<br />
an Arms Fairs that are subject to an Arms fair Permit. Firearm dealers wishing to move locations need to obtain written<br />
approval from the Commissioner of <strong>Police</strong> and the issuance of an amended licence. Dealers wishing to open additional<br />
premises need a separate licence for each new premise.<br />
7 Note: Club armourer licences will only be issued authorising those categories of firearms for which their club has<br />
been approved.<br />
8 Except those requirements specified in clause 43 of the Firearms Regulation 2006.<br />
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safety courses as are approved by the Commissioner in relation to the category of<br />
licence concerned); and<br />
‣ the Commissioner is satisfied that the person to whom the licence is to be issued is a<br />
resident of this State or is about to become a resident of this State 9 ; and<br />
‣ The employee MUST NOT, within the period of 10 years before the application for<br />
the licence was made, have been convicted in New South Wales or elsewhere of an<br />
offence prescribed by the regulations, whether or not the offence is an offence under<br />
New South Wales law, and<br />
‣ The employee MUST NOT be subject to an apprehended violence order nor at any<br />
time within 10 years before the application for the licence was made, been subject to<br />
such an order (other than an order that has been revoked), and<br />
‣ The employee MUST NOT be subject to a good behaviour bond, whether entered<br />
into in New South Wales or elsewhere, in relation to an offence prescribed by the<br />
regulations, and<br />
‣ The employee MUST NOT be subject to a firearms prohibition order.<br />
Additionally, the employee may be ineligible to be issued with an ‘employee authority’ if the<br />
Commissioner is satisfied that:<br />
‣ having regard to any criminal intelligence report or other criminal information held<br />
in relation to the person, that:<br />
• the person is a risk to public safety, and<br />
• the issuing of the licence would be contrary to the public interest 10 ; or.<br />
‣ that the applicant may not personally exercise continuous and responsible control<br />
over firearms because of:<br />
• the applicant’s way of living or domestic circumstances, or<br />
• any previous attempt by the applicant to commit suicide or cause a selfinflicted<br />
injury, or<br />
• the applicant’s intemperate habits or being of unsound mind; or.<br />
‣ the issue of the employee authority would be contrary to the public interest.<br />
Whilst section 11 of the Act prescribes that licensees must be over the age of 18 years, and <strong>NSW</strong><br />
residents, the provisions of clause 43 of the Regulation exempts employees from the requirement to<br />
be over the age of 18 years. Similarly, clause 43 exempts persons employed by firearm dealers,<br />
whose business premises are situated within 50km of a state border, from the requirement to reside<br />
in <strong>NSW</strong> where they are a resident of another state and otherwise eligible to be issued with a licence.<br />
Each application for an employee authority must be by way of a P565 ‘Application for Employee<br />
Authority’ form (available on the internet and must be accompanied by proof of completion of<br />
approved safe handling courses and the fee of $25.00 prescribed by clause 99(1)(s)).<br />
9 Note: Clause 43 prescribes that if the premises of a licensed firearm dealer (does not apply to club armourer licence)<br />
are situated within 50 kilometres of another State or Territory, the authority conferred by the licence extends to a person<br />
who is a resident of that other State or Territory and who is employed by the dealer to work at those premises, but only<br />
if the person would otherwise be eligible to be issued with a licence.<br />
10 Note: In such circumstances, the Commissioner is not, under this or any other Act or law, required to give any<br />
reasons for not issuing a licence or employee authority on this ground.<br />
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Upon application persons applying for an employee authority will be subject to criminal and probity<br />
checks. Subject to the employee meeting the abovementioned criteria, the grant of an employee<br />
authority will be issued which extends the operation of the Dealer Licence to those employees.<br />
Upon issuance, the expiry date of the employee authority will be the expiry date of the employing<br />
firearm dealer’s licence. A new authority must be applied for each employee upon the reapplication<br />
for the employing firearm dealer’s licence.<br />
If the firearm dealer participates at an Arms Fair (principal or participant), the employees with<br />
authority for the business are also able to participate in the activities of the Arms Fair, but<br />
exclusively with the firearm dealer nominated on their approval.<br />
1.5 Close Associates of a Firearm Dealer.<br />
A ‘close associate’ of a firearm dealer is defined in section 4B of the Act as follows:<br />
“a person is a close associate of an applicant for, or the holder of, a firearm dealer licence if<br />
the person:<br />
(a)<br />
(b)<br />
holds or will hold any relevant financial interest, or is or will be entitled to<br />
exercise any relevant power (whether in his or her own right or on behalf of<br />
any other person), in the business of the licence applicant or licence holder,<br />
and by virtue of that interest or power is or will be able to exercise a<br />
significant influence over or with respect to the conduct of that business, or<br />
holds or will hold any relevant position, whether in his or her own right or on<br />
behalf of any other person, in the business of the licence applicant or licence<br />
holder.<br />
For the purposes of this section, the following terms have been defined as follows:<br />
relevant financial interest, in relation to a business, means:<br />
(a) any interest in the capital or assets of the business, or<br />
(b) any entitlement to receive any income derived from the business,<br />
whether the entitlement arises at law or in equity or otherwise.<br />
relevant position, in relation to a business, means a position whose holder<br />
participates in the management of the business (whether in the capacity of a director,<br />
manager or secretary or in any other capacity).<br />
relevant power means any power, whether exercisable by voting or otherwise and<br />
whether exercisable alone or in association with others:<br />
(a) to participate in any managerial or executive decision, or<br />
(b) to elect or appoint any person to any relevant position.<br />
In short, it relates to any person who has a relevant financial interest in the business, is entitled to<br />
exercise any relevant power in the business, or has a significant influence in the conduct of that<br />
business. Close Associates are also subject to criminal history and probity checks.<br />
In accordance with section 44 of the Act, any person wishing to apply for a firearm dealer licence<br />
(excluding club armourers) must give the name and address of each person who is a close associate<br />
of the applicant and particulars of the nature of each such person’s association with the applicant.<br />
Failure to comply with these requirements is an offence punishable by a fine of up to $5,500.<br />
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Further, a licensed firearm dealer must ensure that any changes to the close associates of the<br />
business are communicated to the Commissioner of <strong>Police</strong> (i.e. the Firearms Registry) within 7 days<br />
of the change in details.<br />
The Commissioner, at any time, may request a declaration from the license holder regarding the<br />
persons responsible for the management of the business and confirmation of the close associates.<br />
Any person receiving such a request must comply with the request for information within the time<br />
specified within the notice. A person must not, in or in connection with a declaration under this<br />
section, make a statement or provide information that the person knows is false or misleading in a<br />
material particular.<br />
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PART 2 - BUSINESS PREMISES and SAFE STORAGE.<br />
Before the Commissioner of <strong>Police</strong> may issue a firearm dealer licence the Commissioner of <strong>Police</strong><br />
must be satisfied that adequate provisions have been made for the safe keeping of firearms by<br />
means of safe or strongrooms or otherwise. Club armourers may only be subject to the safe storage<br />
level of the type and category of firearms they are authorised for.<br />
For the purposes of determining whether adequate provisions have been made for the safekeeping<br />
of firearms by a firearm dealer, the following safe keeping standards are required by the<br />
Commissioner of <strong>Police</strong> to be satisfied that the premises is suitable for the conduct of a business as<br />
a firearm dealer and the safe storage of firearms.<br />
Section 19(2)(c) of the Act gives <strong>Police</strong> the power to inspect the premises of a firearm dealer at any<br />
reasonable time for the purpose of a safe storage and safe keeping inspection.<br />
2.1 Business Premises.<br />
The premises where the firearms are stored must be a permanent structure with secure locks on all<br />
openings (structures such as garden sheds, garages etc would not be considered a permanent<br />
structure).<br />
In order for the Commissioner of <strong>Police</strong> to be satisfied that the premises of a firearm dealer (not<br />
club armourer) are secure, the premises must have the following features must be evident:<br />
• All external walls of the premises must be of solid construction consisting of concrete, brick<br />
or steel; and<br />
• All perimeter doors must be of solid construction (i.e. solid core doors not hollow), securely<br />
hinged in stout framework and fitted with mortise locks or deadlocks; and<br />
• The framework of the doorways must be hardwood or steel; and<br />
• All perimeter windows and roof skylights must be fitted with security grilles (either<br />
internally or externally); and<br />
• The premises must have an intruder alarm system installed which incorporates the<br />
following:<br />
• Not less than three (3) internal movement/motion detectors, and<br />
• Multiple zone programmable (entire premises is to be monitored), and<br />
• Single zone trigger, and<br />
• Separate External and internal sirens of not less than 100db and external<br />
strobe light, and<br />
• Entry keypad with inbuilt duress code and panic functions, and<br />
• Any remote controls must also have panic buttons, and<br />
• Control panel box with backup battery, and<br />
• Built in system back-up battery, and<br />
• Perimeter switches on doors and windows, and<br />
• Line cut function or similar which arms the system if the phone line is cut,<br />
and<br />
• Components fitted with anti-tamper switches, and<br />
• Event log (no less than 20 event capacity), and<br />
• Off-site 24 hour monitoring.<br />
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2.2 Display Cases<br />
Any display case/cabinet to be used in the premises should be:<br />
• Of solid construction; and<br />
• All glass panelling must be a minimum grade of 6.38mm and be laminated<br />
• When mounted onto brick, stone or concrete, it should be attached by at least four (4)<br />
masonry anchors 90mm in length and 10mm in diameter.<br />
• When mounted onto main wall studs or wall bearers, it should be fitted flush against the<br />
wall and secured to the wall studs and floor bearers by four (4) galvanized hexagon head<br />
coach screws, not less than 65mm in length and 8mm diameter.<br />
• Must be fitted with metal lock which is either<br />
‣ an internal locking mechanism which is operated by means of a key, combination<br />
lock other similar locking mechanism (i.e. pin number etc); or<br />
‣ locked by the use of a hasp and staple (or similar) and fitted with a padlock.<br />
2.3 Gun Display Racks 11<br />
Any gun rack used to display firearms in the premises should be:<br />
• Of solid construction (either metal or timber); and<br />
• Any firearms on display within the rack must be secured at the top via a fixed barrier to<br />
removal (i.e. inserted through holes in a fixed metal or timber barrier) with the base of<br />
the firearm secured by either:<br />
‣ plastic coated flexible steel cable (not less than 4mm thickness) passing through<br />
the trigger guard/s and secured to the wall; or<br />
‣ chain of equivalent strength passing through the trigger guard/s and secured to<br />
the wall; or<br />
‣ Solid metal bar of not less than 10mm in diameter, or metal sash not less then<br />
3mm thickness and 2cm wide expanding across the length of the cabinet and<br />
secured to the wall/cabinet at either end by way of padlock or similar.<br />
‣ When the gun display rack is mounted onto brick, stone or concrete, it should be<br />
attached by at least four (4) masonry anchors 90mm in length and 10mm in<br />
diameter.<br />
‣ When the gun display rack is mounted onto timber or gyprock, it should be fitted<br />
flush against the wall and secured to the wall studs and floor bearers by four (4)<br />
galvanized hexagon head coach screws, not less than 65mm in length and 8mm<br />
diameter.<br />
Further, the provisions of section 48(2) of the Act prescribe that a licensed firearm dealer must<br />
ensure that any firearm displayed in any part of the premises to which the licence relates:<br />
(a) is under the immediate supervision and control of the dealer or an employee of<br />
the dealer, and<br />
(b) is not displayed to the public unless reasonable precautions are taken to prevent<br />
it from being stolen.<br />
11 Section 48 of the Act<br />
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Accordingly, when firearms are not under the immediate supervision of the firearm dealer, or their<br />
employees, the Commissioner must be satisfied that the licensed firearm dealer has sufficient safe<br />
storage to secure all firearms in accordance with the Act.<br />
2.4 Safes, Vaults and Strongrooms – General.<br />
In accordance with clause 37(2)(c) of the regulation, the Commissioner must consider “whether<br />
adequate provision has been made for the safe keeping of firearms by means of a safe or<br />
strongroom or otherwise”.<br />
2.5 Safe Storage Requirements.<br />
Due to the generally large numbers of firearms held by firearm dealers, and the availability for<br />
Dealers to trade in prohibited firearms, the safes utilised within the premises of a firearm dealer for<br />
the storage of Category C, D and H firearms, as well as prohibited firearms, must meet the<br />
following standards:<br />
2.5.1 Free Standing Safes.<br />
If the weight of the safe is less than 500 kilograms, to prevent removal it must be securely anchored<br />
by means of an expanding anchor bolt or bolts, of not less than 15mm diameter thread by 90mm in<br />
length internally fitted through a hole or holes in the read and/or bottom of the safe, which must<br />
conform to the manufacturer’s specification.<br />
The safe must be constructed of at least 75mm thick walls made of 3mm steel inner and outer walls<br />
filled with 35mpa reinforced concrete encased between them. The door should be constructed of<br />
10mm steel plate with 2 x 25 millimetre locking bolts front and back. These locking bolts are to be<br />
secured by a six lever key lock or other locking mechanism providing at least equivalent security,<br />
or a keyless combination. The door should be fitted with a maximum clearance of 1mm on all sides<br />
and the safes should be preferably fitted with time delay locks<br />
2.5.2 Wall Safes.<br />
Wall safes must be constructed of at least 10mm thickness structural grade mild steel with<br />
continuous welding, fixed locking bar and dogging bolts on a hinged edge, and fitted with a six<br />
lever key lock or other locking mechanism providing at least equivalent security, or a keyless<br />
combination lock. The door should be fitted with a maximum clearance of 1mm on all sides and<br />
should preferably be fitted with time delay locks<br />
The safe must be bolted or secured to the structure of the premises.<br />
• When mounted onto brick, stone or concrete, it must be attached by at least four (4)<br />
masonry anchors 90mm in length and 10mm in diameter internally fitted through holes in<br />
the rear and base of the container, securing it to the floor and/or wall. Otherwise the safe<br />
must be concreted into the structure of the premises.<br />
• When mounted onto main wall studs or wall bearers, it must be fitted flush against the wall<br />
and secured to the wall studs and floor bearers by four (4) galvanized hexagon head coach<br />
screws, not less than 65mm in length and 8mm diameter.<br />
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The methods of securing the receptacle should be by way of internally fitted bolts of screws through<br />
the base or back of the safe. The securing points should not be visible or accessible externally to the<br />
safe.<br />
2.5.3 Under-the-Floor Safes.<br />
Under-the-floor safes must consist of a container of structural grade mild steel not less than 3mm in<br />
thickness, with a door not less than 10mm in thickness, equipped with a six lever key lock or other<br />
locking mechanism providing at least equivalent security, or a keyless combination lock. The<br />
container and the neck of the safe shall be embedded in reinforced concrete of a minimum<br />
compressed strength of 35mpa and have a minimum dimension of 495mm x 622mm.<br />
2.5.4 Vaults/Strongrooms.<br />
A strongroom or vault to be utilised within a firearm dealers premises must possess the following<br />
features:<br />
• A room wholly enclosed within the structure<br />
of the premises.<br />
• All walls of the vault/strongroom must be of<br />
solid construction consisting of reinforced<br />
concrete, double brick or steel.<br />
• A single entry point to the vault/strongroom.<br />
• The door to the vault/strongroom must not<br />
be less than 75mm thickness and<br />
manufactured from heavy steel with<br />
hardened plate over all lock areas.<br />
• The door frame must be made of not less than 6mm steel and fixed to the structure of the<br />
room and floor by at least six expanding bolts of not less than 90mm in length and<br />
10mm in diameter.<br />
• The locks to the vault/strongroom must be constructed of solid metal secured by a six<br />
lever key lock or other locking mechanism providing at least equivalent security, or a<br />
keyless combination.<br />
• It is preferred (and highly recommended) that all safes be fitted with time delay locks.<br />
2.5.5 Safe Storage – Ammunition.<br />
Clause 38 of the Regulation prescribes that a licensed firearm dealer must ensure that any<br />
ammunition for any firearm that the dealer is authorised to possess under the licence is stored in a<br />
restricted area that is not easily accessible by the public.<br />
It is recommended that all ammunition be displayed/stored in the following manner:<br />
• In a locked receptacle which is separate to any receptacle containing firearms (albeit may be<br />
a separate locked cabinet within a vault or strong room); and<br />
• Such receptacle to be is constructed of hardwood or steel and not easily penetrable; and<br />
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• Fitted with metal locks which are either:<br />
‣ an internal locking mechanism which is operated by means of a key, combination<br />
lock other similar locking mechanism (i.e. pin number etc); or<br />
‣ locked by the use of a hasp and staple (or similar) and fitted with a padlock.<br />
The storage of powder (not including powder contained in complete cartridges) is regulated by the<br />
WorkCover Authority. A ‘Keeping Licence’ may be required if you intend to store on your<br />
premises more than 10kg of powder. All enquiries can be directed to their office on 131 050.<br />
2.6 Moving Premises.<br />
A firearm dealer may make application to the Commissioner to change the premises to which the<br />
licence relates.<br />
The request to relocate the premises of a firearm dealer business must be made in writing, and be<br />
accompanied by a PAB21 Inspection Certificate issued by the <strong>Police</strong> and the prescribed fee of<br />
$75.00 for the issue of a new licence bearing the changed address. Please note that the <strong>NSW</strong> <strong>Police</strong><br />
<strong>Force</strong> may charge the prescribed fee of $100.00 for the inspection.<br />
All matters taken into account for the issue of a new firearm dealer licence (outlined) will be<br />
considered on application for a change of premises, and the transfer of the premises may be refused<br />
or new conditions imposed.<br />
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PART 3 - GENERAL<br />
3.1 Advertising Sale of Firearms.<br />
Section 54 of the Act prescribes that an advertisement for the sale of a firearm or firearm part must<br />
be by a firearm dealer or, it must nominate a firearm dealer to witness the transaction. This includes<br />
all types of advertising including newspapers, magazines and the internet.<br />
Additionally, clause 123 of the Regulation provides that such advertisement must detail the licence<br />
number or permit number of the seller.<br />
Clause 41 of the Regulation provides that where an advertisement has been published by a firearm<br />
dealer for the sale of firearms, it must contain the seller’s licence number.<br />
3.2 Identifying Firearms on the Premises of a Firearm Dealer.<br />
Section 47 of the Act prescribes strict requirements regarding the identification of firearms within<br />
the possession of a firearm dealer, and the cross-reference of those firearms to the records<br />
maintained by the firearm dealer business.<br />
In this regard, section 47 prescribes that:<br />
• A licensed firearm dealer must not take possession of any firearm for the purpose of<br />
maintaining or repairing it unless the firearm dealer has sighted both of the following:<br />
o the licence or permit of the person who is giving possession of the firearm to the<br />
dealer,<br />
o the current notice of registration of the firearm.<br />
• A licensed firearm dealer must not maintain or repair any firearm that is not registered.<br />
• A label must be affixed and kept affixed to each firearm in the dealer’s possession (other<br />
than for the purposes of maintenance or repair) showing the entry number for that firearm as<br />
entered in the record required to be kept under the Act and the identifying number (if any)<br />
of that firearm.<br />
• A licensed firearm dealer must ensure that each record required by the Act is kept in a place<br />
of safe keeping on the premises specified in the licence (but not in a place of safe keeping in<br />
which firearms are kept).<br />
• If served a notice in writing by the Commissioner, a licensed firearm dealer is furnish to the<br />
Commissioner, within such time as is specified in the notice and in the form provided by the<br />
Commissioner, such particulars relating to the acquisition, disposition or possession by the<br />
dealer of any firearms or firearm parts as are required by the notice.<br />
• A licensed firearm dealer must, within 24 hours after becoming aware of the loss, theft or<br />
destruction of any firearm or firearm part that was in the possession of the dealer, notify the<br />
Commissioner of that loss, theft or destruction in the form approved by the Commissioner<br />
for that purpose.<br />
Failure to comply with these requirements is punishable by a fine of up to 50 penalty units.<br />
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3.3 Testing of Firearms.<br />
A firearm dealer licence authorises the testing of firearms relating to the business and includes<br />
developmental work and research, however, only on the premises mentioned on the licence. Testing<br />
of firearms within premises will not be approved by the Commissioner unless an efficient bullet<br />
recovery box or bullet stop is provided on the premises and inspected by <strong>Police</strong>.<br />
Where this not practicable, the Commissioner authorises firearm dealers to test fire at a shooting<br />
range approved for such purposes. Such test firing is to be undertaken in accordance with such<br />
arrangements as have been agreed upon by the firearm dealer and the range approval holder and<br />
ONLY for categories or types of firearms for which the approved shooting range has been<br />
approved.<br />
3.4 Use of Dealer/Armourer Stock.<br />
Dealer and Club Armourer -<br />
Apart from test firing the authority conferred by a firearm dealer licence does not authorise the use<br />
of firearms registered to the firearm dealer licence (dealer stock). In this regard, section 4 of the Act<br />
defines a ‘test’ as:<br />
‘Test a firearm or firearm part includes carry out development work or<br />
research into the manufacture of a firearm or firearm part.’<br />
Accordingly, a licensed firearm dealer stock (including a Club armourer’s stock) cannot be loaned<br />
or hired to any person. Additionally, these firearms should not be removed from the premises<br />
specified in the licence unless it is for purposes relating to the firearm dealer’s licence and business<br />
activities – repair, test at a range, etc.<br />
Theatrical Armourer -<br />
As well as test firing mentioned above, a theatrical armourer has an extended authority to use<br />
firearms as set out in clause 35A(1) of the regulation:<br />
In addition to the authority conferred under the Act, a firearms dealer licence<br />
issued to a theatrical armourer authorises:<br />
(a) the licensee and any authorised employee of the licensee to instruct<br />
and supervise actors and other persons involved in the film, television<br />
or theatrical production in the possession and use of firearms for the<br />
purposes of the production, and<br />
(b) the actors and other persons involved in the production to possess<br />
and use the firearms, but only while under the supervision and control<br />
of the licensee or authorised employee of the licensee.<br />
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PART 4 - TRANSPORTATION AND DELIVERY OF <strong>FIREARM</strong>S/<br />
<strong>FIREARM</strong>S PARTS.<br />
All movements of firearms, whether for commercial or non-commercial purposes, must be carried<br />
out in accordance with the statutory requirements prescribed within the Act and the Regulation.<br />
In this regard, section 55 of the Act prescribes that a person may deliver a firearm or firearm part in<br />
person only, or by means of another person who appears to be able to ensure the security of the<br />
firearm or firearm part during the course of delivery. Accordingly, it is the explicit responsibility of<br />
the sender to ensure safe delivery of firearms or firearm parts, and that the person delivering the<br />
item complies with the legislation.<br />
4.1 Commercial Transportation.<br />
Section 56 of the Act and clause 125 of the Regulation relate to the Commercial Transportation of<br />
firearms, which is defined as any person who is engaged in the business of transporting goods.<br />
The firearm must be stored in a locked container secured to the vehicle or in a locked compartment<br />
within the vehicle, must not be able to be seen whilst being conveyed, and all reasonable<br />
precautions must be taken to ensure that the firearm is not lost or stolen during transit.<br />
Where any part of a consignment consists of firearms, persons engaged in the activities of<br />
commercial transportation must ensure that that portion of the consignment consisting of firearms<br />
is:<br />
• Transported concealed in a locked container which is secured to the vehicle or in a<br />
locked compartment within the vehicle, and<br />
• That all reasonable precautions have been taken to ensure that firearms are not lost or<br />
stolen whilst being conveyed. For example, crates of firearms being imported or<br />
exported from Australia or transferred interstate, must not be left unattended or without<br />
adequate security in warehouses overnight or for extended periods.<br />
4.2 Non-Commercial Transportation.<br />
Section 39 of the Act imposes a general requirement upon all persons in possession of firearms to<br />
ensure that they take all reasonable precautions to ensure that firearms in their possession are kept<br />
safe, not lost or stolen, and does not come into the possession of a person who is not authorised to<br />
possess the firearm.<br />
Section 57 of the Act and clause 126 of the Regulation prescribe the requirements relating to the<br />
non-Commercial Transportation of prohibited firearms and pistols. In this regard, non-commercial<br />
transportation of firearms occurs where any person other than those engaged in the business of<br />
transporting goods conveys a firearm.<br />
Such firearms must be conveyed unloaded, with the ammunition kept separate. They must be<br />
rendered temporarily incapable of being fired (eg. by removal of the bolt/firing mechanism, the use<br />
of a trigger lock, etc.) or be kept in a locked container that is properly secured to, or is within the<br />
vehicle.<br />
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Unlike the transportation of prohibited firearms and pistols and commercial transportation, there are<br />
no legislative requirements for the transportation of Category A and B firearms. However, the<br />
general rule applied in section 39 of the Act applies.<br />
It is recommended that ALL firearms be transported as described above to ensure all reasonable<br />
precautions have been taken against the firearms being lost or stolen in transit.<br />
4.3 Mailing Firearms.<br />
In accordance with sections 52 and 53 of the Act, it is an offence for an individual to send a firearm<br />
or firearm barrel by mail to, or receive from, an address in <strong>NSW</strong> or any other state or territory.<br />
However, it is not an offence for a firearm dealer to send a firearm or firearm barrel by mail to, or<br />
receive from another as long as the following conditions are met:<br />
• That the person sending or receiving the firearm or firearm barrel is a licensed firearm<br />
dealer, or equivalent in their state or territory.<br />
• If the firearm or firearm barrel is sent to a firearm dealer outside <strong>NSW</strong>, that it is not an<br />
offence to receive a firearm in the mail in that other state.<br />
• That the form of mail used requires delivery in person to the addressee.<br />
NOTE: If a firearm is to be supplied to an individual for sale, the firearm is mailed from one<br />
firearm dealer to another and acquisitions and disposals (PAB31 or Firearmslink) are completed.<br />
The individual then uses their valid Permit to Acquire with the second firearm dealer.<br />
4.4 Confirmation of Receipt of a Firearm.<br />
The provision of clause 39 of the Regulation requires firearm dealers to ensure that a firearm has<br />
reached its point of destination. Any firearm that does not reach its destination must be reported to<br />
the Commissioner within 24 hours of the expected delivery.<br />
This applies whether the firearm dealer is receiving a delivery or forwarding a firearm, both within<br />
and outside <strong>NSW</strong>.<br />
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PART 5 - RECORD KEEPING.<br />
The accurate, timely and comprehensive recording of all firearm transactions and the safe keeping<br />
of accountable books are statutory requirements. An accountable book is identified by a consecutive<br />
reference number printed on each separate page. The book is to be kept on the premises in a place<br />
of safe keeping, but not with the firearms.<br />
With the exception of the P558 ‘Register of Firearms in Possession’ book, all other accountable<br />
books for firearm dealers are obtained from our contract printers – Zions Pty Ltd<br />
‘Firearmslink’ is a computer program available to firearm dealers that replaces all accountable<br />
books, and allows for the electronic transfer of transactions via the internet. ‘Firearmslink’ will be<br />
discussed later.<br />
Firearm dealers must be in possession of accountable books, or have ‘Firearmslink’ installed before<br />
trading commences. The following are some of the records/registers to be maintained in accordance<br />
with the business.<br />
5.1 PAB28 – Register of Acquisitions & Disposals of Firearms.<br />
In accordance with section 45(1)(a) of the Act, this book is used to record all transactions and<br />
dealings concerning firearms and firearm parts to which the firearm dealer licence applies. This<br />
means all firearms on the firearm dealer’s premises that relate to the business are recorded – dealer<br />
stock, safe storage, consignment, repair AND firearms where a transaction is verified between two<br />
individuals.<br />
Each double sided page represents five firearm transactions. The left hand page titled ‘Acquisitions’<br />
is used to record all firearms coming into the firearm dealer’s possession. The page on the right<br />
titled ‘Disposals’ is used to record all firearms leaving the firearm dealer’s possession – the fields<br />
on both pages are self explanatory.<br />
For example - if a firearm is still in the firearm dealer’s possession, the left hand ‘Acquisition’ page<br />
is completed only. The right hand ‘Disposal’ page is not completed until it leaves the firearm<br />
dealer’s possession.<br />
In accordance with section 45(3) of the Act, a record of any transaction that takes place on the<br />
firearm dealer’s premises must be completed in the PAB28 book within 24 hours of it coming into<br />
the firearm dealer’s possession.<br />
NOTE: The first column of the PAB28 book requests an ‘entry number’. The typical numbers used<br />
are the year, followed by a consecutive number. Eg. 06/1 then 06/2 etc. In accordance with section<br />
47(1) of the Act, as outlined above, this number, together with the firearm registration number must<br />
be written on a tag affixed to each firearm on the firearm dealer’s premises.<br />
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5.2 PAB31 – Notice of Acquisition or Disposal of a Firearm – Standard.<br />
This book is used by firearm dealers to inform the Firearms Registry of certain transactions relating<br />
to firearms. This form has traditionally been used to notify the Firearms Registry of Acquisitions<br />
and Disposals of firearms into and from the firearm dealer’s stock. An amendment to the PAB31<br />
now allows for the notification of firearms on the firearm dealer’s premises for safe storage,<br />
consignment and repair.<br />
The PAB31 consists of three identical carbonised pages for each transaction –<br />
1. The original must be forwarded to the Firearms Registry within 7 days of the firearm<br />
coming into, or leaving the firearm dealer’s possession – see clause 36 of the<br />
Regulation and section 45(1)(b) of the Act. This copy is scanned, recorded and then<br />
processed to form one half of the transfer process.<br />
However, section 45(1A) provides that no records of transactions or dealings<br />
concerning firearms or firearm parts need to be sent to the Commissioner where the<br />
firearm does not require registration, or until the transaction or dealing involves a<br />
change of ownership of the firearm or firearm part.<br />
2. In accordance with section 46 of the Act, all of the second copies are removed and<br />
attached to a PAB32 entry (see below) and forwarded to the Firearms Registry as the<br />
Quarterly Return.<br />
3. The third copy remains in the book as the Dealer’s reference. At the time of the<br />
annual <strong>Police</strong> audit and inspection, the <strong>Police</strong> Officer should check and sign off on<br />
any completed books.<br />
5.3 PAB30 – Notice of Acquisition or Disposal of a Firearm – Bulk.<br />
This book is used in the same way as the PAB31, but used to acquire or dispose of multiple<br />
firearms to the same identity. All firearms listed on the PAB30 must be identical in description with<br />
the only difference being the serial numbers. The PAB30 is often used by firearm dealers dealing in<br />
large numbers of firearms, and can only be used when the other party is a firearm dealer or a<br />
business.<br />
5.4 PAB32 – Quarterly Return of Acquisitions and Disposals.<br />
Quarterly returns are due within 14 days after the end of each March, June, September and<br />
December, and are used as a cross reference for <strong>Police</strong> records. A PAB32 entry is made as a cover<br />
sheet for all of the second copies of PAB30 and PAB31 Acquisitions and Disposals completed<br />
during that quarter. The PAB32 consists of two identical carbonised pages for each Quarterly<br />
Return – one is forwarded, the other remains in the book as a reference.<br />
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5.5 P558 – Register of Firearms in Possession.<br />
The P558 book is available free of charge from the Firearms Registry, and is used to identify<br />
unregistered firearms in the following circumstances ONLY –<br />
1. During official firearm amnesties.<br />
Each entry in this book consists of three identical carbonised pages for each<br />
transaction – the original and one copy are given to the customer, the third copy<br />
remains in the book as a reference. The second copy is retained by the customer as<br />
proof of intent to register the firearms, and the original is forwarded to the Firearms<br />
Registry with the application fee of $10.00 per firearm (cheque, money order or<br />
credit card authority only).<br />
2. To register firearms when moving to <strong>NSW</strong> from another state or territory.<br />
However, certain criteria must exist –<br />
• The interstate Firearms Licence must still be current at the time the P558 is<br />
completed.<br />
• The customer has applied for a Firearms Licence in <strong>NSW</strong>.<br />
• The firearms must be registered to that person in the other state. A copy of<br />
the registration papers or a letter from the interstate Firearms Registry must<br />
accompany the application.<br />
• An application fee of $10.00 per firearm (cheque, money order or credit card<br />
authority only) to be forwarded to the Firearms Registry with the registration<br />
application.<br />
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PART 6 - <strong>FIREARM</strong>S TRANSACTIONS.<br />
As set out above, all firearm transactions must be done through, or witnessed by, a firearm dealer in<br />
<strong>NSW</strong>. Clause 124(2) of the Regulation grants <strong>Police</strong> the power to witness transactions, but only in<br />
cases where the nearest location of a licensed firearms dealer’s place of business is more than<br />
100km from the ordinary place of residence of both the buyer and the seller.<br />
In witnessing the transaction it is incumbent upon firearm dealers to inspect the customer’s firearms<br />
licences and registration certificates for ALL firearms that they take possession of, acquire or<br />
transfer. If verification of the firearms licence or registration is required, or some doubt exists as to<br />
the documents produced, firearm licence validity can be confirmed via the <strong>NSW</strong> <strong>Police</strong> Firearms<br />
Registry website. Contact the Dealer Unit of the Firearms Registry should be avoided where<br />
internet facilities exist for customer convenience and process efficiency for firearms dealers.<br />
6.1 Permits to Acquire.<br />
A firearm dealer (including Club and Theatrical Armourers) does not require a Permit to Acquire to<br />
purchase a firearm. In all other instances, a Permit to Acquire issued to the purchaser is mandatory.<br />
The Permit to Acquire is issued by the Firearms Registry after application is made in the approved<br />
manner. Initial permits are subject to a 28 day cooling off period, and issued to a firearms licence<br />
holder to purchase a specific category and type of firearm. Second and subsequent applications for<br />
permits to acquire are not subject to a 28 day cooling off period if they already have another firearm<br />
of that category registered in their name.<br />
For the purpose of permit to acquire applications only, category A and B firearms are grouped<br />
together as one category. Eg. If a category B firearm is registered in a person’s name, the 28 day<br />
cooling off period does not apply if you make application for your first category A permit to<br />
acquire.<br />
If the Permit to Acquire is issued approving the purchase of a category A or B firearm, any category<br />
A firearm OR any category B firearm (depending on the category issued) may be purchased. If the<br />
Permit to Acquire is issued approving the purchase of any other category of firearm, the Permit to<br />
Acquire will also specify a sub-category of that category, and only that type or style of firearm can<br />
be purchased.<br />
Permits to Acquire must be valid, and the firearm dealer is to ensure –<br />
• The Permit to Acquire is current – check expiry date. Validity can be confirmed on the<br />
<strong>NSW</strong> <strong>Police</strong> Firearms Registry website.<br />
• That the firearm category listed on the Permit to Acquire matches the firearm supplied.<br />
• If the firearm purchased is not coming from firearm dealer’s stock, Section C is to be<br />
completed identifying the previous owner.<br />
• If the transfer relates to a firearm that has never been previously registered (rare<br />
circumstances) that the full firearm description is completed on the back of the Permit to<br />
Acquire/Notice of Purchase.<br />
• All fields, especially the registration and serial numbers are to be completed.<br />
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6.2 Transfer of Ownership within <strong>NSW</strong>.<br />
With the exception of an interstate transfer, all transactions are ‘two-sided’ where both the seller<br />
and buyer have obligations to notify the Firearms Registry of certain information. The transaction<br />
will not be finalised until both documents have been received at the Firearms Registry and<br />
processed on our computer systems. It is highly recommended that the firearm dealer forward both<br />
documents to the Firearms Registry, as many individuals are not aware of these obligations and the<br />
transfer may never be finalised.<br />
NB if both parts of the process are not completed registration certificates are unable to be<br />
completed, resulting in possible delays for firearms dealer transactions.<br />
Seller<br />
Buyer<br />
Dealer to Dealer - PAB31 disposal PAB31 acquisition<br />
Dealer to Individual - PAB31 disposal Notice of Purchase (PTA)<br />
Individual to Dealer - Notice of Disposal (rego) PAB31 acquisition<br />
Individual to Individual - Notice of Disposal (rego) Notice of Purchase (PTA)<br />
6.3 Transfer of Ownership – Interstate.<br />
Any interstate transfer of ownership is required by law to be completed ‘Dealer to Dealer’. For<br />
example, from an interstate firearm dealer to a <strong>NSW</strong> firearm dealer, or from a <strong>NSW</strong> firearm dealer<br />
to an interstate firearm dealer. This ensures that firearms coming into <strong>NSW</strong> are registered before<br />
being supplied to any individual.<br />
When disposing of a firearm interstate, a PAB31 disposal is to be completed by the <strong>NSW</strong> firearm<br />
dealer. Once the <strong>NSW</strong> Firearms Registry processes the advice, the relevant interstate Firearms<br />
Registry is notified of the movement of that firearm into their state.<br />
When acquiring a firearm from interstate, a PAB31 acquisition is to be completed by the <strong>NSW</strong><br />
firearm dealer. As the firearm is unregistered at this stage, the PAB31 acquisition is to be faxed to<br />
the Firearms Registry with 24 hours of receipt of the firearm in accordance with section 36(3) of the<br />
Act.<br />
The Firearms Registry Dealer Unit fax number is (02) 6670-9811. The firearm is then registered<br />
and the number added to the PAB31 acquisition and faxed back to the firearm dealer. The firearm<br />
can then be sold or transferred – an unregistered firearm is not to be transferred to any other party<br />
except <strong>Police</strong> for destruction.<br />
6.4 Safe Storage.<br />
Firearm dealers can store firearms at their premises for customers, as long as the firearm is<br />
registered. There is a requirement to record the fact that the firearm is on the dealer’s premises. The<br />
firearms are entered into the PAB28 book, with some firearm dealers having a separate PAB28 for<br />
firearms on their premises for safe storage, consignment and repair.<br />
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6.5 Consignment.<br />
Firearm dealers can take possession of registered firearms for sale without the need to acquire them<br />
into their stock – they are held on consignment.<br />
Once again, there is a requirement to record the fact that the firearms are on a firearm dealer’s<br />
premises (PAB28).<br />
6.6 Repair/Replacement.<br />
Firearm dealers can take possession of registered firearms for repair without the need to acquire<br />
them into their stock. The firearm dealer is required to record the fact that the firearms are on a<br />
Dealer’s premises (PAB28). If the firearm is registered in another state and the owner is licensed,<br />
you are only required to make a record in the PAB28 – notification to the Firearms Registry is not<br />
required.<br />
If the firearm is faulty and is to be returned to the manufacturer or distributor, the firearm is to be<br />
acquired back into your stock (no acquisition for repair is needed) and then disposed of back to the<br />
supplier. The supplier will return either the repaired firearm or a replacement firearm, which will be<br />
disposed of or acquired by the dealers in the normal manner. Another Permit to Acquire is not<br />
required when it is being disposed of back to your customer, but the Firearms Registry will need to<br />
be informed in writing of the circumstances to correct our records.<br />
6.7 Witnessing Transactions.<br />
When a firearm dealer witnesses a transfer of ownership between two individuals, there is no need<br />
to acquire and dispose of the firearm through dealer stock – merely verify that all requirements have<br />
been met. It is necessary to record the transaction in your PAB28 book as your record.<br />
The seller must be there in person, with the firearm, firearms licence and registration certificate.<br />
The purchaser must be there in person, with their firearms licence and Permit to Acquire.<br />
Once the firearm dealer is satisfied that the licences, firearm category and Permit to Acquire are<br />
valid and appropriate, they will complete the ‘Notice of Disposal’ on the back of the registration<br />
certificate and the top and bottom portion of the Permit to Acquire. The ‘Notice of Disposal’ and<br />
‘Notice of Purchase’ (bottom portion of the PTA) are forwarded to the Firearms Registry. The top<br />
portion of the Permit to Acquire is returned to the customer as interim registration of the firearm.<br />
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PART 7 - REGISTRATION<br />
It is an offence to sell, purchase, possess or use an unregistered firearm unless there is a specific<br />
exemption mentioned in the Act or Regulation. The exemptions may relate to antique firearms,<br />
certain classes of persons or organisations, or certain items that fire a projectile but are deemed not<br />
to be firearms.<br />
Firearm registration in <strong>NSW</strong> is affected in most instances through a firearm dealer. Once an<br />
unregistered firearm comes into the possession of a firearm dealer, in accordance with section 36(3)<br />
of the Act an application for registration must be made within 24 hours. Until the firearm is<br />
registered and the firearm dealer has obtained the registration number allocated by the Firearms<br />
Registry, no further transactions or movements of the firearm are legally possible.<br />
7.1 New Registration.<br />
There are several methods by which initial registration of firearms can be achieved, and the<br />
circumstances of possession will dictate the method used by the firearm dealer. If a firearm is<br />
presented to a firearm dealer that is suspected of being unregistered, contact the Firearms Registry<br />
who will complete registration and probity checks using the firearm’s serial number.<br />
7.1.1 Never Registered.<br />
If it is confirmed that the firearm is unregistered and there is no other hold over the firearm (ie<br />
stolen, lost etc), the firearm is registered by the firearm dealer by acquiring the firearm into their<br />
stock from the person presenting the firearm. A PAB31 acquisition is completed and faxed to the<br />
Dealer Unit of the Firearms Registry – there is no need to post the entry as well. Please note that<br />
this is the only instance where a faxed copy of a PAB31 will be accepted at the Firearms Registry.<br />
The firearm is then registered to the firearm dealer, placed onto the <strong>Police</strong> computer systems and a<br />
registration number is allocated. That registration number is written on the faxed copy of the<br />
PAB31 and returned to the firearm dealer by fax.<br />
For those firearm dealers using ‘Firearmslink’, an interstate/overseas acquisition is completed.<br />
When completing the address details of the person presenting the firearm, do not use postcode or<br />
state, but place <strong>NSW</strong> in the space provided for the country of origin.<br />
Once the firearm is registered and the registration number has been obtained, it can be returned to<br />
the customer on production of a Permit to Acquire.<br />
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7.1.2 Registered Interstate – New Owner.<br />
Section 49 of the Act grants <strong>NSW</strong> firearm dealers an authority to conduct business with the holders<br />
of firearm dealer licences interstate. This is the only legal way for an interstate transaction to take<br />
place is firearm dealer to firearm dealer.<br />
The firearm is registered to the firearm dealer’s stock by acquiring it from the interstate firearm<br />
dealer in the usual fashion – PAB31 acquisition faxed to the Firearms Registry or an interstate/<br />
overseas acquisition on ‘Firearmslink’.<br />
Once the firearm is registered and the registration number has been obtained, it can be returned to<br />
the customer on production of a Permit to Acquire.<br />
7.1.3 Registered Interstate – Same Owner.<br />
If a person is licensed in another State or Territory owns firearms registered in that other State or<br />
Territory, and has moved to <strong>NSW</strong>, there are two methods of registering their firearms.<br />
1. If the interstate Firearms Licence is still current and the firearms are registered to the customer in<br />
that other state, the firearms can be registered by way of a P558. The firearm dealer completes the<br />
P558 form which is in triplicate, and gives the customer the original and first copy. The original is<br />
forwarded to the Firearms Registry with proof of previous registration and $10.00 per firearm.<br />
2. In all other circumstances, the firearm dealer is required to acquire the firearm into their stock in<br />
the above manner as if it is a new owner. The customer can be issued with a Permit to Acquire once<br />
their <strong>NSW</strong> Firearms Licence is issued and collect the firearm.<br />
7.1.4 Received from Overseas.<br />
As well as Customs requirements, all firearms imported into Australia must have <strong>Police</strong> approval or<br />
approval from the Attorney General in some instances. The <strong>Police</strong> approval is called a B709, and<br />
ensures that the applicant is entitled to possess the firearm that they intend to import. The B709 is<br />
issued by the Customs/Import Officer at the Firearms Registry.<br />
In the case of an imported firearm never previously registered in <strong>NSW</strong>, the B709 is issued to a<br />
firearm dealer on behalf of the customer. It is the responsibility of the firearm dealer to collect the<br />
firearm from Customs, or have a broker perform the physical collection and convey the firearm to<br />
the firearm dealer.<br />
The firearm is registered to the firearm dealer’s stock by acquiring it from the overseas identity in<br />
the usual fashion – PAB31 acquisition faxed to the Firearms Registry or an interstate/overseas<br />
acquisition on ‘Firearmslink’.<br />
Once the firearm is registered and the registration number has been obtained, it can be returned to<br />
the customer on production of a Permit to Acquire.<br />
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7.1.5 Amnesties.<br />
Amnesties must be declared by legislation. The conditions of each amnesty vary, but the method of<br />
registering the firearms is by way of a P558 ‘Register of Firearms in Possession’ form. The firearm<br />
dealer completes the form which is in triplicate, and gives the customer the original and first copy.<br />
7.3 Serial Numbers.<br />
Section 45(2)(d)(iii) of the Act states that amongst other information, the serial number of a firearm<br />
which relates to any transaction, must be recorded by a firearm dealer. That serial number must be<br />
clearly visible on an exposed metal part on the firearm and in numbers or letters not less than 2mm<br />
in height (clause 128(3)(b) of the Regulation). It is recommended that the serial number be<br />
stamped on the frame or receiver of the firearm.<br />
If the firearm has no identifying serial number, the Dealer Unit of the Firearms Registry can<br />
allocate a number to the firearm dealer for it to be stamped or engraved on the firearm.<br />
7.4 Spare Barrels.<br />
Stand alone barrels are a firearm part, but they only require registration if they are a spare or<br />
additional barrel for a particular firearm. If a firearm dealer has barrels in their possession as stock,<br />
records of their possession must be maintained but there is no requirement to register any barrel<br />
until it is associated with a particular firearm or disposed of for a particular firearm.<br />
If this does occur, a form can be obtained from the Dealer Unit of the Firearms Registry which is<br />
completed by the firearm dealer and forwarded to the Firearms Registry. The spare or additional<br />
barrel is then registered and attached to the nominated firearm.<br />
Once a spare or additional barrel is assigned to a particular firearm, all barrels associated with the<br />
firearm are to be allocated a serial number, have that number stamped or engraved on the barrel and<br />
recorded on the registration certificate. Either a new serial number can be allocated by the Dealer<br />
Unit of the Firearms Registry, or they can be given the firearm serial number followed by a letter<br />
suffix. Eg. If the serial number of the firearm is 12345, the barrels can be numbered 12345A,<br />
12345B, 12345C, 12345D, etc.<br />
7.5 Firearm Description.<br />
The accurate description of firearms registered in <strong>NSW</strong> is vital. It is understood that firearm dealers<br />
may hold different opinions regarding makes and models, but a standard has been adopted<br />
regarding the physical description and the firearm’s working action. The approved Code Table can<br />
be found on the following page. There also exist checking mechanisms so that a firearm description<br />
can be confirmed.<br />
Firearm dealer Schedule is a document that is printed at the Firearms Registry each weekend<br />
listing all firearms that the firearm dealer has acquired into their stock during the previous week.<br />
The firearm description contained on the schedule is to be checked and if the firearm description is<br />
correct, no further action is required. If the firearm description is incorrect, corrections are to be<br />
made on the schedule and posted or faxed back to the Firearms Registry on 02-66709811. The<br />
amendments are then made to the <strong>Police</strong> computer systems.<br />
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Registration Certificates also contain a full description of the registered firearm. If an error in the<br />
description is identified, the firearm can be taken to a firearm dealer with a copy of the registration<br />
certificate. In this regard section 38 of the Act states that it is an offence to alter the original<br />
registration certificate. The firearm dealer can make alterations to the copy, sign and date the copy<br />
and post or fax it to the Firearms Registry on (02) 6670-9811 who will update the records<br />
pertaining to the registration.<br />
7.6 Frames and Receivers.<br />
In accordance with section 45(b) of the Act, frames and receivers are to be registered in the same<br />
manner as a firearm and cannot be disposed of unless the person receiving the item has a licence or<br />
permit authorising possession of the complete firearm. (see also clause 108 of the Regulation)<br />
However, a Permit to Acquire is not required to transfer the ownership of a frame or receiver –<br />
• If the frame or receiver is supplied to a customer from the stock of a Firearm dealer, a<br />
PAB31 Notice of Disposal is required only. It should be included on the disposal in the<br />
section set aside for barrel details – ‘Receiver Only’.<br />
• If the change of ownership is negotiated between two individuals, both the seller and the<br />
purchaser have obligations to notify the Firearms Registry that the sale has taken place and<br />
whom the other party is – the seller by completing the Notice of Disposal on the rear of the<br />
Registration Certificate, and the purchaser by letter, fax or email stating all the<br />
information.<br />
IMPORTANT NOTE : When a Firearm dealer fits a barrel to a receiver only, making it a<br />
complete firearm, a valid Permit to Acquire is to be completed by the Firearm dealer in the same<br />
manner as if the complete firearm has been acquired from them. If the barrel has been supplied by<br />
the customer of a third party, Section C of the Permit to Acquire is to be completed, nominating that<br />
third party.<br />
7.7 ‘De-registering’ Firearms.<br />
Where firearms are currently registered but there is no mandatory legal requirement to do so (such<br />
as changes to antique firearm legislation) the person in whose name the firearm is registered can<br />
make a written request to the Firearms Registry to have their name removed from the record.<br />
(clause 103A of the Regulation relates). Any such written request must be accompanied by a<br />
certification from a licensed firearm dealer or collecting society stating that the firearm meets the<br />
criteria relating to exemptions for firearms manufactured prior to 1900 as set out in section 6A of<br />
the Act.<br />
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<strong>FIREARM</strong> CODE TABLE<br />
<strong>FIREARM</strong> TYPE<br />
CO – combination rifle/shotgun<br />
PI - pistol<br />
RE – revolver<br />
RI - rifle<br />
SB - single barrel shotgun<br />
DB - side by side double barrel shotgun<br />
UO - under and over double barrel shotgun<br />
DE - derringer<br />
SS - coachgun (single short barrel shotgun)<br />
SD - coachgun (double short barrel shotgun)<br />
SM - sub machine gun<br />
MG - machine gun<br />
TG - tranquilliser gun<br />
PG - paintball gun<br />
BA - barrel<br />
DR - double rifle<br />
PH - powerhead<br />
WS - walking stick (cane, etc)<br />
CA - cannon<br />
NC - net capture<br />
TP - specialised target pistol<br />
LOADING ACTION TYPE<br />
BA - bolt<br />
BR - break<br />
FF - force feed<br />
ML - muzzle loading<br />
LA - lever<br />
LG - loading gate<br />
PA - pump<br />
RB - rolling block<br />
FB – falling block<br />
RC - revolving cylinder<br />
SA - semi automatic<br />
GA - gas<br />
AU - automatic<br />
RE - replica<br />
SB - sliding breech<br />
ACTUATION TYPE<br />
PROPELLANT TYPE<br />
CF - centrefire<br />
RF – rimfire<br />
PC - percussion cap<br />
FL - flintlock<br />
WL - wheellock<br />
ML - matchlock<br />
FU - fuse<br />
NE - non explosive<br />
PF - pinfire<br />
RE - replica<br />
AI - air<br />
GA - gas<br />
SP - spring<br />
GP - gun powder (modern smokeless)<br />
BP - black powder<br />
BF - blank fire<br />
RE - replica<br />
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Annexure A<br />
Part 5 of the Firearms Act 1996<br />
Firearms Dealers<br />
43 Firearms dealers must be licensed<br />
A person must not:<br />
(a) carry on activities as a firearms dealer, or<br />
(b) possess a firearm in the person’s capacity as a firearms dealer,<br />
unless authorised to do so by a firearms dealer licence.<br />
Maximum penalty: imprisonment for 7 years.<br />
44 Information about close associates of firearms dealers<br />
(1) In an application for a firearms dealer licence, the applicant must give the name and address of<br />
each person who is a close associate of the applicant and particulars of the nature of each such<br />
person’s association with the applicant.<br />
(2) If a licensed firearms dealer becomes aware that the close associates of the firearms dealer (if<br />
any) have changed since the firearms dealer’s most recent application for a licence, or<br />
declaration under this section, was submitted to the Commissioner, the firearms dealer must<br />
submit to the Commissioner within 7 days:<br />
(a) a declaration notifying the Commissioner in writing of that fact, and<br />
(b) the name and address of each person who is a close associate of the firearms dealer and<br />
particulars of the nature of each such person’s association with the firearms dealer.<br />
(3) A licensed firearms dealer must, if notice in writing is served on the dealer by the<br />
Commissioner, submit to the Commissioner, within such time as is specified in the notice and in<br />
the form provided by the Commissioner:<br />
(a) a declaration that:<br />
(i) the firearms dealer (and no other person) is the person primarily responsible for the<br />
management of the firearms dealing business that is carried on under the licence, or<br />
(ii) another person or other persons (whether instead of or in addition to the licensed<br />
firearms dealer) are primarily responsible for the management of that business, and<br />
(b) either:<br />
(i) a declaration that the close associates of the firearms dealer (if any) have not<br />
changed since the most recent application for a licence, or declaration under this<br />
section, was submitted to the Commissioner, or<br />
(ii) the name and address of each person who is a close associate of the firearms dealer<br />
and particulars of the nature of each such person’s association with the firearms<br />
dealer.<br />
(4) A person must not, in or in connection with a declaration under this section, make a statement or<br />
provide information that the person knows is false or misleading in a material particular.<br />
Maximum penalty: 50 penalty units.<br />
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44A Prescribed persons not to be involved in firearms dealing business<br />
(1) If a licensed firearms dealer:<br />
(a) employs a prescribed person in the business that is authorised by the licence, or<br />
(b) permits a prescribed person to act as an agent for, or participate in the management of,<br />
that business,<br />
the firearms dealer and the prescribed person are each guilty of an offence.<br />
Maximum penalty: imprisonment for 14 years.<br />
(2) It is a defence for a licensed firearms dealer prosecuted for an offence under subsection (1) if the<br />
firearms dealer proves that he or she did not know, and could not reasonably be expected to<br />
have known, that the person employed or permitted to act as an agent for, or to participate in the<br />
management of, the firearms dealer’s business was in fact a prescribed person.<br />
(3) In this section, prescribed person means a person who:<br />
(a) has, within the preceding 10 years, had his or her firearms dealer licence revoked by the<br />
Commissioner for any reason, or<br />
(b) has, within the preceding 10 years, been convicted in New South Wales or elsewhere of<br />
an offence prescribed by the regulations for the purposes of this section, whether or not the<br />
offence is an offence under New South Wales law, or<br />
(c) has, within the preceding 10 years, had his or her application for a licence or permit<br />
refused by the Commissioner, or had his or her licence or permit revoked, for either or both<br />
of the following reasons:<br />
(i) the Commissioner was not satisfied that the person was a fit and proper person and<br />
could be trusted to have possession of firearms without danger to public safety or to<br />
the peace,<br />
(ii) the Commissioner considered that issue of the licence or permit to the person<br />
would be contrary to the public interest, or<br />
(d) is subject to an apprehended violence order, or<br />
(e) is the subject of a good behaviour bond, whether entered into in New South Wales or<br />
elsewhere, in relation to an offence prescribed by the regulations, or<br />
(f) is subject to a firearms prohibition order.<br />
45 Recording of transactions<br />
(1) A licensed firearms dealer must ensure that:<br />
(a) all transactions and dealings concerning firearms or firearm parts to which the firearms<br />
dealer’s licence applies are recorded in accordance with this section, and<br />
(b) each record relating to a transaction or dealing concerning a firearm, a spare barrel for a<br />
firearm, a firearm frame or a firearm receiver is, in accordance with the regulations, sent to<br />
the Commissioner for inclusion of the particulars in the Register and in order to update the<br />
Register.<br />
1A) Subsection (1) (b) does not apply in relation to:<br />
(a) a firearm that is not required to be registered, or<br />
(b) a transaction or dealing concerning a firearm or other thing until such time (if any) as<br />
the transaction or dealing involves a change in the ownership of the firearm or thing.<br />
(1B) However, subsection (1A) does not affect any other requirement under this section to<br />
keep a record of the transaction or dealing concerned or to produce the record for inspection<br />
by a police officer.<br />
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(2) Each record must contain the following particulars for each purchase, receipt, sale or transfer of<br />
a firearm or firearm part by the dealer concerned from or to the other person dealing with the<br />
dealer:<br />
(a) the name and address of the other person,<br />
(b) the number of the other person’s licence or permit authorising the other person to<br />
possess the firearm or firearm part,<br />
(c) the number of the other person’s permit to acquire the firearm,<br />
(d) for each firearm or firearm part that is or has been in the possession of the dealer:<br />
(i) the dates of its initial purchase or receipt by the dealer and of its subsequent sale or<br />
transfer out of the possession of the dealer, and<br />
(ii) the name and address of the person who initially gave possession of it to the<br />
dealer, and<br />
(iii) when it is sold or transferred out of the possession of the dealer—its make, serial<br />
number, calibre, type, action and magazine capacity (if any),<br />
(e) such other particulars as may be prescribed by the regulations.<br />
(3) An entry required to be made in a record concerning the purchase, receipt, sale or transfer of a<br />
firearm, firearm frame or firearm receiver must, subject to the regulations, be entered within 24<br />
hours of the transaction concerned.<br />
(4) A record must be made and kept in the form approved by the Commissioner.<br />
(5) If a licensed firearms dealer ceases to hold such a licence, the former licensed firearms dealer<br />
must provide the Commissioner with a record of all transactions during the 2 years immediately<br />
preceding the date on which the licence ceased to be in force.<br />
(6) A person who is required to ensure a record is kept or to keep a record under this section, must,<br />
on demand made by a police officer at any time:<br />
(a) produce the record to that officer and permit that officer to inspect and make copies of<br />
any entries in it, and<br />
(b) produce to that officer all firearms and firearm parts in the possession of that person,<br />
and<br />
(c) furnish to that officer any information in that person’s possession with respect to any<br />
firearm or firearm part that has been manufactured, purchased or received under the<br />
authority of the person’s firearms dealer licence, or that the person has in his or her<br />
possession or has sold or otherwise transferred or repaired under the authority of the licence.<br />
(7) Any person making an alteration to an entry in a record required to be kept under this section<br />
must do so by interlineation or striking out and not by erasure.<br />
Maximum penalty: 20 penalty units.<br />
46 Quarterly returns<br />
(1) A licensed firearms dealer must, within 14 days after the end of the months of March, June,<br />
September and December in each year, forward a return to the Commissioner which contains<br />
the particulars for the preceding quarter that are required to be recorded under section 45 (2).<br />
Maximum penalty: 50 penalty units.<br />
(2) This section does not prevent a person from forwarding returns at more frequent intervals than<br />
this section requires.<br />
(3) The return is to be in the form approved by the Commissioner.<br />
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47 Additional requirements for dealers<br />
(1) A licensed firearms dealer must affix and keep affixed to each firearm in the dealer’s possession<br />
(other than for the purposes of maintenance or repair) a label showing the entry number for that<br />
firearm as entered in the record required to be kept under this Part and the identifying number (if<br />
any) of that firearm.<br />
(2) A licensed firearms dealer must, if notice in writing is served on the dealer by the<br />
Commissioner, furnish to the Commissioner, within such time as is specified in the notice and in<br />
the form provided by the Commissioner, such particulars relating to the acquisition, disposition<br />
or possession by the dealer of any firearms or firearm parts as are required by the notice.<br />
(3) A licensed firearms dealer must, within 24 hours after becoming aware of the loss, theft or<br />
destruction of any firearm or firearm part that was in the possession of the dealer, notify the<br />
Commissioner of that loss, theft or destruction in the form approved by the Commissioner for<br />
that purpose.<br />
(4) A licensed firearms dealer must ensure that each record required by this Act to be kept by the<br />
dealer is kept in a place of safe keeping on the premises specified in the licence (but not in a<br />
place of safe keeping in which firearms are kept).<br />
(5) A licensed firearms dealer must not take possession of any firearm for the purpose of<br />
maintaining or repairing it unless the firearms dealer has sighted both of the following:<br />
(a) the licence or permit of the person who is giving possession of the firearm to the dealer,<br />
(b) the current notice of registration of the firearm.<br />
(6) A licensed firearms dealer must not maintain or repair any firearm that is not registered.<br />
Section 47(6A) provides that any firearms that are not required to be registered are excluded from<br />
this provision.<br />
Maximum penalty (subsections (1)–(6)): 50 penalty units.<br />
(7) The regulations may prescribe other requirements with respect to licensed firearms dealers.<br />
48 Security of displayed firearms<br />
(1) A licensed firearms dealer who displays firearms on the dealer’s premises must ensure that those<br />
firearms are secured in such a manner as would reasonably prevent their removal otherwise than<br />
by the dealer or any employee of the dealer.<br />
(2) A licensed firearms dealer must ensure that any firearm displayed in any part of the premises to<br />
which the licence relates:<br />
(a) is under the immediate supervision and control of the dealer or an employee of the<br />
dealer, and<br />
(b) is not displayed to the public unless reasonable precautions are taken to prevent it from<br />
being stolen.<br />
Maximum penalty: 50 penalty units.<br />
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49 Interstate transactions between dealers<br />
(1)Despite any other provision of this Act, a licensed firearms dealer is, for the purposes of any<br />
transaction between the dealer and the holder of a corresponding licence outside New South<br />
Wales, authorised to purchase a firearm from the holder of that corresponding licence.<br />
(2) In this section, corresponding licence means an instrument that, in the opinion of the<br />
Commissioner, is the equivalent of a firearms dealer licence in a place outside New South<br />
Wales.<br />
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Annexure B<br />
Part 4 of the Firearms Regulation 2006<br />
Firearms Dealers - Special Provisions<br />
35 Change of premises<br />
(1) The holder of a firearms dealer licence may apply to the Commissioner to change the premises<br />
to which the licence relates.<br />
(2) Any such application is to be made in the approved form and be accompanied by the fee<br />
specified in clause 99 (1) (r) for inspecting the new premises.<br />
(3) After taking into account the same relevant matters as would have to be considered in assessing<br />
an application for a firearms dealer licence, the Commissioner may approve or refuse the<br />
application.<br />
(4) A refusal may be made on any of the grounds on which an application for a firearms dealer<br />
licence may be refused.<br />
(5) If the application is approved, the Commissioner is to impose a new condition on the licence<br />
changing the premises at which the business is to be carried on.<br />
35A<br />
Theatrical armourers<br />
(1) In addition to the authority conferred under the Act, a firearms dealer licence issued to theatrical<br />
armourer authorises:<br />
(a) the licensee and any authorised employee of the licensee to instruct and supervise actors<br />
and other persons involved in a film, television or theatrical production in the possession<br />
and use of firearms for the purposes of the production, and<br />
(b) the actors and other persons involved in the production to possess and use the firearms,<br />
but only while under the supervision and control of the licensee or authorised employee of<br />
the licensee.<br />
(2) A firearms dealer licence issued to a theatrical armourer is subject to the following conditions:<br />
(a) any firearm used in the production must be maintained in a safe working condition,<br />
(b) the licensee must comply with any requirements determined by the Commissioner in<br />
relation to the safe keeping of firearms that the licensee is authorised to possess,<br />
(c) the licensee must ensure that any employee who is authorised by the Commissioner to<br />
possess or use firearms under the licence is properly trained in the safe handling of firearms<br />
and is suitably qualified to carry out the functions of a theatrical armourer.<br />
(3) The licensee must, while acting under the authority conferred by subclause (1):<br />
(a) keep in the approved form a register in which particulars of the following matters are<br />
kept:<br />
(i) the types, and registration numbers, of firearms authorised under the licence,<br />
(ii) the name of each person authorised to possess and use any such firearm, and the<br />
periods for which each such person had possession or use of the firearm,<br />
(iii) the periods for which any firearm was removed from safe storage, and<br />
(b) ensure that the register is kept in a place of safe keeping (not being a place in which any<br />
firearms are kept), and<br />
(c) ensure that each entry that is made in the register is maintained for not less than 3 years<br />
after it is made, and<br />
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(d) if requested to do so by a police officer at any time, immediately produce the register to<br />
the officer and allow the officer to inspect, and make copies of any entry contained in, the<br />
register.<br />
Maximum penalty: 50 penalty units.<br />
Explanatory note<br />
Item [5] provides that the authority conferred by a firearms dealer licence issued to a theatrical armourer extends, as is the case at<br />
present under a theatrical armourer’s permit, to the use of firearms by the actors and other persons involved in the film, television or<br />
theatrical production concerned. The proposed clause also replicates certain requirements and conditions that currently apply in<br />
relation to a theatrical armourer’s permit under clause 53 of the Regulation.<br />
36 Recording of transactions<br />
For the purposes of section 45 (1) (b) of the Act, each record required to be made and kept by a<br />
licensed firearms dealer under that section is to be sent to the Commissioner within 7 days of the<br />
record being made. A record can be sent by electronic means.<br />
37 Additional restrictions in relation to issuing firearms dealer licences<br />
(1)A firearms dealer licence that authorises a firearms dealer to carry on business at specified<br />
premises must not be issued unless the Commissioner is satisfied that:<br />
(a) the applicant is carrying on or proposes to carry on the business of a firearms dealer at<br />
those premises, and<br />
(b) those premises are suitable for carrying on the business of a firearms dealer.<br />
(2) In considering whether or not premises are suitable for such purposes, the Commissioner is to<br />
have regard to the following:<br />
(a) the nature of the activities proposed to be conducted on the premises,<br />
(b) the kinds of firearms to which the licence relates,<br />
(c) whether adequate provision has been made for the safe keeping of firearms by means of<br />
a safe or strongroom or otherwise,<br />
(d) the security of the premises against unauthorised entry,<br />
(e) in the case of a licence that authorises the testing of firearms on the premises—whether<br />
an efficient bullet recovery box or bullet stop is provided on the premises.<br />
38 Storage of ammunition<br />
A licensed firearms dealer must ensure that any ammunition for any firearm that the dealer is<br />
authorised to possess under the licence is stored in a restricted area that is not easily accessible by<br />
the public.<br />
Maximum penalty: 50 penalty units.<br />
39 Requirement to check stock on arrival<br />
A licensed firearms dealer must, if the dealer has ordered a supply of firearms to be sent to the<br />
dealer:<br />
(a) check whether all of the firearms have been delivered to the dealer, and<br />
(b) if any firearms are missing from the delivery—notify the Commissioner within 24 hours<br />
of the delivery.<br />
Maximum penalty: 50 penalty units.<br />
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40 Inspection of certain firearms<br />
(1) The Commissioner may require a licensed firearms dealer to make all firearms that are in the<br />
possession of the dealer available for inspection, at any reasonable time, by a police officer at<br />
the premises to which the licence relates.<br />
(2) A licensed firearms dealer must:<br />
(a) comply with any such requirement, and<br />
(b) pay the fee specified in clause 99 (1) (r) for the inspection.<br />
Maximum penalty: 50 penalty units.<br />
41 Advertising by licensed firearms dealers<br />
A licensed firearms dealer must, in any advertisement relating to the business of the firearms<br />
dealer that is displayed by or on behalf of the dealer, state or display the number of the firearms<br />
dealer’s licence.<br />
Maximum penalty: 50 penalty units.<br />
42 Notice of unidentified firearms or spare barrels<br />
A licensed firearms dealer who acquires possession of a firearm, or a spare barrel that is capable of<br />
taking and discharging ammunition for that firearm, that is not numbered (or is not numbered<br />
clearly) must notify the Commissioner in writing of the possession of the firearm or spare barrel<br />
within 7 days of acquiring it.<br />
Maximum penalty: 50 penalty units.<br />
43 Authority conferred by firearms dealer licence extends to certain employees<br />
(1) The authority conferred by a firearms dealer licence extends to an employee of the licensed<br />
firearms dealer despite the employee being under the age of 18 years, but only if:<br />
(a) the employee would otherwise be eligible to be issued with a licence, and<br />
(b) the employee has, in accordance with section 8 of the Act, been authorised in writing by<br />
the Commissioner to do the things that the licensed firearms dealer is authorised to do under<br />
the licence.<br />
(2) If the premises of a licensed firearms dealer are situated within 50 kilometres of another State or<br />
Territory, the authority conferred by the licence extends to a person who is a resident of that<br />
other State or Territory and who is employed by the dealer to work at those premises, but only if<br />
the person would otherwise be eligible to be issued with a licence.<br />
44 Offences that prevent persons from being involved in firearms dealing business<br />
For the purposes of section 44A (3) (b) of the Act, the following offences are prescribed offences<br />
regardless of whether they are committed in New South Wales:<br />
(a) Offences relating to firearms or weapons<br />
An offence relating to the possession or use of a firearm, or any other weapon, committed under:<br />
(i) the law of any Australian jurisdiction, or<br />
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(ii) the law of any overseas jurisdiction (being an offence that, had it been committed<br />
in Australia, would be an offence under the law of an Australian jurisdiction).<br />
(b) Offences relating to prohibited drugs etc<br />
An offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug<br />
Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the<br />
Poisons and Therapeutic Goods Regulation 2002, in respect of which the maximum penalty<br />
imposed is imprisonment for 6 months or more, or a penalty of $2,200 or more, or both,<br />
committed under:<br />
(i) the law of any Australian jurisdiction, or<br />
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed<br />
in Australia, would be an offence under the law of an Australian jurisdiction).<br />
(c) Offences involving violence<br />
An offence committed under the law of any Australian or overseas jurisdiction, being:<br />
(i) an offence involving the infliction of actual bodily harm upon a person in respect of<br />
which the penalty imposed was imprisonment for 28 days or more, or a penalty of<br />
$200 or more, or both, or<br />
(ii) an offence involving kidnapping or abduction, or<br />
(iii) an offence involving stalking or intimidation, or<br />
(iv) an offence of attempting to commit, threatening to commit or conspiring to<br />
commit an offence referred to in subparagraphs (i)–(iii).<br />
(d) Offences of a sexual nature<br />
An offence of a sexual nature, being:<br />
(i) an offence under Division 10 of Part 3 of the Crimes Act 1900, or<br />
(ii) an offence under section 38, 111, 112 or 113 of the Crimes Act 1900 that has been<br />
committed with intent to commit an offence referred to in subparagraph (i), or<br />
(iii) an offence under Division 15 of Part 3 of the Crimes Act 1900, or<br />
(iv) an offence under section 11G of the Summary Offences Act 1988, or<br />
(v) an offence committed elsewhere than in New South Wales that, if committed in<br />
New South Wales, would be an offence referred to in subparagraphs (i)–(iv), or<br />
(vi) any other offence that, at the time it was committed, would have been an offence<br />
referred to in subparagraphs (i)–(iv), or<br />
(vii) an offence of attempting to commit, threatening to commit or conspiring to<br />
commit an offence referred to in subparagraphs (i)–(vi).<br />
(e) Offences involving fraud, dishonesty or stealing<br />
An offence under the law of any Australian or overseas jurisdiction involving fraud,<br />
dishonesty or stealing, being an offence in respect of which the penalty imposed was<br />
imprisonment for 3 months or more.<br />
(f) Offences involving robbery<br />
An offence under the law of any Australian or overseas jurisdiction involving robbery<br />
(whether armed or otherwise).<br />
(g) Offences relating to terrorism<br />
An offence relating to terrorism, being:<br />
(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal<br />
Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth,<br />
or<br />
(ii) an offence committed elsewhere than in New South Wales that, if committed in<br />
New South Wales, would be an offence referred to in subparagraph (i).<br />
(h) Offences involving organised criminal groups and recruitment<br />
An offence committed under section 93IK or 351A of the Crimes Act 1900.<br />
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