Northern Territory Consolidated Acts

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FIREARMS ACT - SECT 58

Possession or use of firearms

    (1)     A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.

Maximum penalty:     400 penalty units or imprisonment for 2 years or, if the offence relates to a category A firearm or category B firearm, 200 penalty units or imprisonment for 12 months.

    (1A)     Subsection (1) does not apply if:

        (a)     the person possesses or uses a paintball firearm for playing paintball at an approved paintball range; and

        (b)     the person is entitled to play paintball.

    (2)     Without limiting subsection (1), the holder of a licence is guilty of an offence under this section if he or she uses a firearm for any purpose otherwise than in connection with the purpose established as being the genuine reason for possessing or using the firearm.

    (2A)     Without limiting subsection (1), the holder of a category H sports shooter's licence commits an offence against this section if:

        (a)     the holder uses a category H firearm:

            (i)     that is not a prescribed firearm; or

            (ii)     elsewhere than at an approved firearms club; and

        (b)     the use is not authorised under another licence or a permit.

    (3)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that he or she was in the company of, and under the supervision of, the holder of a licence for the category of firearm in the possession of or being used by the defendant and the firearm was being used in accordance with the conditions of the licence.

    (4)     The defence provided by subsection (3) does not apply to or in relation to a person mentioned in subsection (5) during the period specified in relation to the person in that subsection.

    (5)     For subsection (4), a person:

        (a)     who has been found guilty of a disqualifying offence may not possess or use a firearm for 10 years from the date of the finding of guilt; or

        (ab)     who has been found guilty of an offence of violence, may not possess or use a firearm for 5 years after the finding of guilt; or

        (ac)     who is the subject of an order, made in the Territory or elsewhere, to keep the peace, may not possess or use a firearm while the order is in force; or

        (b)     in respect of whom an interim domestic violence order is in force may not possess or use a firearm while the interim restraining order remains in force; or

        (ba)     who has or has had a final domestic violence order in force against him or her may not possess or use a firearm:

            (i)     while the order is in force; and

            (ii)     for a further period of 5 years from the date the order expires or ceases to have effect; or

        (bb)     who has a personal violence restraining order in force against him or her may not possess or use a firearm while the order is in force; or

        (c)     whose licence is suspended may not possess or use a firearm:

            (i)     while the suspension remains in force; or

            (ii)     if the licence expires while the suspension remains in force – until the person is granted another licence or a permit; or

        (d)     who has been refused a licence or whose licence is revoked may not possess or use a firearm of the type or category for which the licence was refused or revoked during any period for which the person is prohibited from applying for a licence.

    (6)     A person must not possess or use a prohibited firearm unless authorised under this Act.

Maximum penalty:     400 penalty units or imprisonment for 2 years.



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