Firearms

Licences
Acquiring firearms
Disposing of firearms
Storing firearms
Registration of firearms
Other firearm offences

Laws about firearms are of particular importance to rural people and landowners. Since Victoria's Firearms Act 1996 was passed, gun laws have become both uniform and tighter in all states and territories of Australia. The Firearms Act 1996 (Vic) is complex (anyone wanting detailed information should see Find a service section). The Firearms (Amendment) Act 1998 has changed the laws for shooters still further and other developments have since taken place.

The Commonwealth Customs (Prohibited Imports) Regulations 1956 prohibit or control the importation into Australia of firearms and certain weapons. Policy decisions are made by the Council of Australian Governments (COAG) and the Federal Attorney-General in consultation with the Australasian Police Ministers' Council. COAG agreed to prohibit the importation and possession of certain semi-automatic handguns and parts by sporting shooters from December 2002.

Australian Customs has published a series of Fact Sheets such as Importing Military-style Firearms' and 'Importing Firearm Ammunition and Firearm Magazines'. These sheets can be downloaded from the website: www.customs.gov.au.

In December 2002 the (COAG) agreed to reform firearms laws across the nation and the National Handgun Control Agreement led to the Firearms (Trafficking and Handgun Control) Act 2003 (Vic). From 1 July 2003 target shooters have only been allowed to own handguns of a certain calibre, barrel length and magazine capacity. The details are set down on the Victorian Police website: www.police.vic.gov.au.

Licences

Broad types

Firearms licences in Victoria vary depending on what you want to do with the firearm, the category of firearm or the age of the person who wants to have a licence. As a result there are four broad types of firearms licences in Victoria:

adults to possess, carry or use a specific category of firearm (see also licences based on category of firearm);
young persons between 12 and 17 years of age (see also Junior licences);
collectors of firearms and/or ammunition (see also Collectors licences ); and
adults who legally carry on a business of dealing in firearms (see also Dealers' Licences).

To view a web page featuring further information on the topic of firearms licences and which also contains links to relevant forms, etc, go to the Victoria Police webiste - www.police.vic.gov.au.

Licences to possess, carry or use a category of firearm

Categories of firearms

7.2: Categories of firearms

Under Victorian law (Firearms Act 1996 (Vic)), there are nine major categories of firearms, namely:

Type	Description
Category A longarm	airgun; rimfire rifle, such as a .22 (other than semi-automatics); shotgun (other than pump action or semi-automatics); any combination of shotgun and rimfire rifle.
Category B longarm	muzzle-loading firearm; centre-fire rifle (other than automatic or semi-automatics); any combination of shotgun and centre-fire rifle; a black powder, ball-firing cannon.
Category C longarm	semi-automatic rimfire rifle with a magazine capacity of up to ten rounds (such as a self-loading .22); a semi-automatic shotgun holding up to five rounds; a pump action shotgun holding up to five rounds; a tranquiliser gun
Category D longarm	semi-automatic rimfire rifle with a magazine capacity of more than ten rounds; a semi-automatic shotgun holding more than fiverounds; a pump action shotgun holding more than five rounds; a semi-automatic centre fire rifle; any other firearm prescribed within this category.
Category E longarm	a machine gun that is a longarm; a tear gas gun or projector; a sawn-off shotgun with a barrel less than 75 centimetres long; cannon (other than those in Category B); mortars; bazookas; rocket-propelled grenades or similar large calibre military firearms; a cannon which is not a black powder ball firing cannon; any other firearm prescribed for the purposes of this category.
Handgun	a firearm that is reasonably capable of being either carried or concealed about a person or raised and fired by one hand or does not exceed 65 cm in barrel length.
Category E handgun	a machine gun that is a handgun or any other handgun prescribed as such.
General Category handgun	any handgun other than a Category E handgun

Where licences are compulsory

If you are a 'non-prohibited person', you must have a licence if you wish to carry, possess or use a registered longarm firearm The penalties, which vary according to the category of firearm, are very severe for breaking this rule.

Persons who cannot have a licence

A 'prohibited person' must not carry, possess or use a registered or unregistered firearm and the penalties for breaking that law are extremely severe, being up to maximum of 15 years imprisonment or a fine of $180000. Obviously a prohibited person would not be eligible for any firearms licence.

'Prohibited persons' include: prisoners serving time for an indictable offence, assault or an offence under the Drugs, Poisons and Controlled Substances Act 1981 (Vic); and persons under intervention order, community service orders, supervision order, etc.

Persons who are not required to have a licence

There are certain persons who do not require a particular firearms licence. For further information on who does not require a licence contact Firearm Licensing Services of Police Victoria (See Find a service section).

Duration

Different licences last for different periods depending on the category of the firearm or the age of licence holder, for example:

category A or B longarm licence lasts for up to five years;
category C, D or E longarm licences last for up to three years;
handgun licences last for up to five years; and
junior licences last for up to three years or when the person turns 18.

Eligibility

To apply for, or renew, a licence for a particular category of firearm, you must be able to show (often with written evidence) that you have met the eligibility criteria set down by the Firearms Act 1996 (Vic) and these criteria include the following:

primary production - for Category A, B, C longarms (e.g. you own, lease or manage land used for primary production);
hunting, including professional hunting - for Category A, B, C, D longarms (e.g.you belong to an approved hunting club, own rural land or have proof of permission from a landowner);
sport or clay target shooting - for Category A, B and C longarms and general category handguns (e.g. you belong to an approved club);
security or prison guard work - for Category A, B longarms and general category handguns; and
official, commercial or prescribed purpose - for Category A to E longarms and general category handguns.

When applying for a firearms licence you must:

apply to Victoria Police for a longarm or handgun licence;
be eighteen years old or over (though persons from twelve to eighteen years can apply for a junior licence);
prove your identity (your licence will have your photograph on it);
show that you have successfully completed a firearms safety-training course approved by Victoria Police;
show that you can store the firearm(s) in an approved manner;
show that you are a 'fit, proper and responsible person'; and not a 'prohibited person';
pay the licence fee and have your photograph taken;
show that you can carry, possess or use a firearm without being a threat to public safety; and
if you are applying for a licence for a Category D or E longarm, handgun or firearms collector, you must also give a copy of your fingerprints to Victoria Police.

As stated above, 'prohibited persons' are not eligible to apply for, or to hold, a firearms licence (see also 'Where licences are compulsory').

Entitlements

Once your licence is granted, you are entitled to possess, carry or use the specific category of firearm listed in the title of your licence. However ,you cannot own a particular category of firearm without that specific licence and the penalties for such an offence vary from $6000 or one year's imprisonment to $24000 or four years imprisonment, depending on the category of firearm.

Denial of licence

The Chief Commissioner of Police has a general discretion to deny any application for a longarm or handgun licence on grounds such as the applicant:

is a prohibited person;
is not a fit, proper or responsible person;
is under 18 years of age;
has a history of criminal activities;
cannot use, possess or own a firearm without being a threat to public safety;
has not successfully completed a firearms safety course; or
cannot meet storage requirements.

In general terms the Commissioner may also feel that to grant licence will not be in the public interest or that it fails to meet some other prescribed ground.

7.3: Conditions for various firearms licences based on the category of firearm

Conditions for various firearms licences based on the category of firearm.

Type of firearm licence	Licence conditions

Category A or B longarm	General conditions (Schedule 1 of Firearms Act 1966) 1. The holder of the licence must permit a member of the police force to inspect the holder's storage arrangements at any reasonable time. 2. The holder of the licence must not transfer, lend or give the licence to another person. 3. Any firearms held under the licence must not be used for any reason other than the reasons authorised by the licence. Special conditions These depend on the reason for the licence application, e.g.hunting, sport, target shooting, primary production, etc. - see Item 1 of Schedule 2 of the Firearms Act 1996 which lists eight special conditions. Other conditions As prescribed by Commissioner of Police.

Category C longarm	Same conditions as for Category A or B longarm licence above except there are only three special conditions and they relate to primary production and target shooting (Item 2 of Schedule2 of the Firearms Act 1996)

Category D longarm	Same General conditions as for Category A or B longarm licence, plus any other conditions as prescribed by Commissioner of Police

Category E longarm	Same General conditions as for Category A or B longarm licence, plus any other conditions as prescribed by Commissioner of Police

Handgun	Same General conditions as for Category A or B longarm; The two Special conditions set out in Item 3 of Schedule 2 of Firearms Act 1996: Conditions regarding target shooting as set out in Firearms Act 1996 s. 16(2) to (8); any other conditions as prescribed by Comm. of Police.

Category E handgun	Conditions as prescribed by Commissioner of Police

Junior licences

Eligibility criteria

The Commissioner of Police may grant a junior licence to a young person if the latter:

is between 12 and 18 years of age;
wishes to carry or use a Category A or B longarm or a handgun for use in sport or target shooting competition;
wishes to carry or use a Category C longarm for clay target shooting;
if the licence relates to using a handgun for target shooting the young applicant must demonstrate proof of that reason. The application must also be endorsed by a member of a handgun target-shooting club and a parent or guardian of the applicant.

Denial of licence

The Chief Commissioner of Police can refuse to grant a young person a junior licence if the latter:

is a prohibited person;
is not a fit person to carry a Category A, B or C longarm or handgun;
cannot carry a firearm without being a danger to public safety; or
has not satisfactorily completed a firearms safety course.

Also, in general terms the Commissioner may feel that to grant licence will not be in the public interest or that it fails to meet some other prescribed ground.

Licence conditions

A junior firearms licence contains these conditions:

the holder of the licence must not transfer, lend or give the licence to another person;
any firearms held under the licence must not be used for any reason other than the reasons authorised by the licence;
the five special conditions set out in Item 4 of Schedule 2 of Firearms Act 1996; and
conditions as prescribed by the Commissioner of Police.

Also if the licence is for target shooting purposes the holder must meet the conditions set out in the Firearms Act 1996.

Anyone holding a junior licence must be supervised by a licensed adult at all times. They are not entitled to own a firearm or ammunition.

Duration

A junior licence lasts for three years, or until the holder turns eighteen (which ever is the earlier).

Collectors' licences

Types

There are several types of collectors' licences for people including:

a Category 1 Firearms Collectors Licence;
a Category 2 Firearms Collectors Licence;
a Firearms Heirloom Licence; and
a Firearms Ammunition Collectors' Licence.

Entitlements

A Category 1 Firearms Collectors Licence allows the licence holder to possess or carry longarms and handguns that were manufactured before 1 January 1947 for the purpose of collecting any such firearms.

A Category 2 Firearms Collectors Licence allows the licence holder to possess or carry handguns that were manufactured before 1 January 1947 for the purpose of collecting any such firearms.

Holders of a Category 1 or 2 Firearms Collectors Licence may obtain an additional permit to carry or use any category A, B or C longarm or a general category handgun held under the licence at a commemorative or historical event. The event must be approved by the Chief Commissioner and sponsored by an approved organisation of firearms collectors and held at an approved range.

A Firearms Heirlooms Licence allows the licence holder to carry a single or matched pair of firearms that the holder has inherited or where the applicant cannot fulfill the requirements of some other firearms licence.

A Firearms Ammunition Collectors Licence entitles the licence holder to acquire, dispose of, possess or carry cartridge ammunition for the purposes of collecting cartridge ammunition.

Holders of either a Firearms Collectors or Firearms Ammunition Collectors Licence are allowed to display firearms and/or ammunition if they obtain an additional permit to do so.

Conditions

7.4: Conditions for various firearm collectors licences

Type of firearm collectors licence	Licence conditions

Category 1 or 2 Firearm collectors licence	General conditions (Schedule 1 of Firearms Act 1966) 1. The holder of the licence must permit a member of the police force to inspect the holder's storage arrangements at any reasonable time. 2. The holder of the licence must not transfer, lend or give the licence to another person. Special conditions See Item 5 of Schedule 2 of the Firearms Act 1996 which lists eleven special conditions. Other conditions As prescribed by Commissioner of Police (Firearms Act 1996 (Vic) s. 22(1)(c)) Must not possess or carry any category of firearm not covered by the licence (Firearms Act 1996 (Vic) s.22(2)(a) ) Must be a member of an approved firearms collectors club that deals with the category of firearms covered by the licence (Firearms Act 1996 (Vic) s. 22(1)(b))

Firearm heirlooms	General conditions (Schedule 1 of Firearms Act 1966) 1. The holder of the licence must permit a member of the police force to inspect the holder's storage arrangements at any reasonable time. 2. The holder of the licence must not transfer, lend or give the licence to another person. Special conditions See Item 6 of Schedule 2 of the Firearms Act 1996 which lists seven special conditions. Other conditions As prescribed by Commissioner of Police (Firearms Act 1996 (Vic) s. 26(c))

Firearms ammunition collectors licence	Same as for Firearms Heirlooms licence above except that Item 7 of Schedule 2 of the Firearms Act 1996 which lists four special conditions (Firearms Act 1996 (Vic) s. 30)

Denial of licence

The Chief Commissioner of Police can refuse to grant any of the above firearms collectors licences to an applicant if

the latter fails to meet any of the eligibility criteria listed above ;
the applicant is a prohibited person;
the applicant is under 18;
the applicant is not a fit, proper and reasonable person;
the applicant cannot carry or possess the firearm without being a danger to public safety or peace;
the applicant cannot meet storage requirements; or
it would not be in the public interest

Offences and penalties

You cannot acquire, dispose of, possess or carry cartridge ammunition for the purposes of collecting cartridge ammunition outside the conditions of your licence.

Failure to comply with any conditions in the additional permit granted to the holder of a Firearms collector's licence may result in a penalty. Holders of such a licence must not use a firearm other than within the conditions of s. 58 of the Act or they may suffer a severe penalty.

Failure to comply with any conditions in the additional permit granted to the holder of a Firearms or Ammunitions collector's licence to display their collections may also result in a severe penalty.

Matters applying to all types of firearms licences

Denial of licence

The Chief Commissioner of Police has a general discretion to refuse an application for any type of firearms licence.

Reviews or appeals

Generally speaking, if you do not agree with any decision made by the police in relation to firearms, you have the right to have that decision reviewed by the Firearms Appeals Committee.

Interstate licences

Firearms licences from other states are recognised in Victoria so that the licence holder can use firearms in Victoria for certain purposes. The same applies to people holding Victorian firearm licences going to other Australian states, but you should always check first with a police station in the state or territory to which you will be travelling.

Generally, temporary visitors to Victoria can only use their firearms for the purposes for which they were licensed in their state of origin.

Anyone moving to Victoria from another state permanently must apply for a new licence within seven days for Category C or D firearms and three months for Category A and B firearms. They must also first notify the Chief Commissioner that they intend to live permanently in Victoria. Other conditions apply, so it is worth getting detailed information about your rights and responsibilities (see also Find a service section).

Shooting targets or shooting birds

George owns an interstate category A longarm licence for sport or target shooting. He comes to Victoria to take part in a shooting competition in the Victorian alps organised by an approved shooting club. He stays with friends who have a farm at the foot of the mountain. They have had a lot of trouble with pest birds damaging their nut trees. The evening after George has competed, legally, in the shooting competition, he offers to shoot some of the birds to help his friends protect their produce. George is able to do this under his interstate licence conditions. He can only shoot pest animals as defined under the Catchment and Land Management Act and should notify the local police of his intentions.