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FIREARMS ACT 1996 - SECT 110A Unlawful trafficking in firearms

FIREARMS ACT 1996 - SECT 110A

Division 2A - Trafficking Unlawful trafficking in firearms

(1)  A person is guilty of an indictable offence punishable under the Criminal Code if the person traffics in firearms without lawful excuse.
(2)  For the purposes of subsection (1) , a person is taken to traffic in firearms without lawful excuse if –
(a) the firearms are registrable firearms; and
(b) the firearms are not registered or the person is not the registrant of the firearms; and
(c) on one or more occasions, the person carries out one or more of the following activities:
(i) sells or otherwise disposes of the firearms to any other person (whether or not that other person is in Tasmania);
(ii) receives or delivers the firearms from or to any other person (whether or not that other person is in Tasmania);
(iii) modifies, prepares or packs the firearms for sale or delivery to any other person (whether or not that other person is in Tasmania);
(iv) conveys the firearms from one place to another;
(v) has possession of, or conceals, the firearms for or in connection with an activity referred to in subparagraph (i) , (ii) , (iii) or (iv) .
(3)  Without restricting the generality of the expression "possession" , a person is taken to be in possession of a firearm for the purposes of this section so long as it is on any premises owned or occupied by the person, unless the person proves that he or she had no knowledge of the firearm being on those premises.
(4)  In this section –
premises includes –
(a) an area of land, whether built on or enclosed; and
(b) a building or a part of a building, whether permanent or temporary; and
(c) a structure or a part of a structure, whether permanent or temporary; and
(d) a vehicle;
registrable firearms means firearms that, by virtue of section 74(1) , a person must not sell, acquire, possess or use unless they are registered;
vehicle means any thing capable of transporting people, objects or materials by air, road, rail or water, regardless of how the thing is moved or propelled.