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FIREARMS ACT 1996 - SECT 195 Licences authorities permits and schemes

FIREARMS ACT 1996 - SECT 195

Licences authorities permits and schemes

    (1)     On and from the coming into operation of this section—

        (a)     an authority which—

              (i)     is given by the Registrar under section 32(1) of the old Act for a firearm which is a category C longarm for the purposes of this Act; and

              (ii)     is in force immediately before the commencement of this Act; and

              (iii)     is not held by the holder of a gun dealer's licence within the meaning of the old Act—

is deemed to—

              (iv)     be a longarms licence for a category C longarm and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (v)     continue in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the authority would have expired, if the old Act had continued to apply to it;

        (b)     an authority which—

              (i)     is given by the Registrar under section 32(1) of the old Act for a firearm which is a category D longarm for the purposes of this Act; and

              (ii)     is in force immediately before the commencement of this Act; and

              (iii)     is not held by the holder of a gun dealer's licence within the meaning of the old Act—

is deemed to—

              (iv)     be a longarms licence for a category D longarm and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (v)     continue in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the authority would have expired, if the old Act had continued to apply to it;

        (c)     a shooter's licence within the meaning of the old Act for a firearm which is a category A longarm for the purposes of this Act and which is in force immediately before the commencement of this Act—

              (i)     is deemed to be a longarms licence for a category A longarm and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (ii)     continues in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the licence would have expired, if the old Act had continued to apply to it;

        (d)     a shooter's licence within the meaning of the old Act for a firearm which is a category B longarm for the purposes of this Act and which is in force immediately before the commencement of this Act—

              (i)     is deemed to be a longarms licence for a category B longarm and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (ii)     continues in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the licence would have expired, if the old Act had continued to apply to it;

        (e)     a pistol licence, within the meaning of the old Act in force immediately before the commencement of this Act—

              (i)     is deemed to be a handgun licence and except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (ii)     continues in force, unless sooner suspended or cancelled in accordance with a provision of this Act, until the date on which the licence would have expired, if the old Act had continued to apply to it.

        (f)     a pistol collector's licence, within the meaning of the old Act in force immediately before the commencement of this Act—

              (i)     is deemed to be a firearms collectors licence and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (ii)     continues in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, for a period of 2 years;

        (g)     a gun dealer's licence, within the meaning of the old Act in force immediately before the commencement of this Act—

              (i)     is deemed to be a dealers licence with authority to deal in category A and B longarms and handguns and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (ii)     continues in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the licence would have expired, if the old Act had continued to apply to it;

        (h)     an authority which—

              (i)     is given by the Registrar under section 32(1) of the old Act for a firearm which is a category C longarm for the purposes of this Act; and

              (ii)     is in force immediately before the commencement of this Act; and

              (iii)     is held by the holder of a gun dealer's licence within the meaning of the old Act—

is deemed to—

              (iv)     be a dealers licence with authority to deal in category C longarms and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (v)     continue in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the authority would have expired, if the old Act had continued to apply to it;

              (i)     an authority which—

              (i)     is given by the Registrar under section 32(1) of the old Act for a firearm which is a category D longarm for the purposes of this Act; and

              (ii)     is in force immediately before the commencement of this Act; and

              (iii)     is held by the holder of a gun dealer's licence within the meaning of the old Act—

is deemed to—

              (iv)     be a dealers licence with authority to deal in category D longarms and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (v)     continue in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the authority would have expired, if the old Act had continued to apply to it;

        (j)     a display licence, within the meaning of the old Act in force immediately before the commencement of this Act—

              (i)     is deemed to be a firearms collectors licence and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (ii)     continues in force, unless sooner suspended or cancelled in accordance with a provision of this Act, until the date on which the licence would have expired, if the old Act had continued to apply to it;

        (k)     a junior permit, within the meaning of the old Act in force immediately before the commencement of this Act—

              (i)     is deemed to be a junior licence except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and

              (ii)     continues in force, unless sooner suspended or cancelled in accordance with a provision of this Act, until the date on which the licence would have expired, if the old Act had continued to apply to it.

    (2)     In the case of an authority, licence or permit issued under the old Act, which is deemed by subsection (1) to be a licence issued under Part 2 of this Act, the Chief Commissioner may refuse to renew the licence if the holder of the licence cannot demonstrate a reason for which that licence is required as set out in Part 2.

S. 195(3) amended by No. 26/1997 s. 34.

    (3)     Despite the coming into operation of section 193 an authority issued by the Governor in Council under section 32(6) of the old Act and in force immediately before the commencement of this Act continues in force as if that Act had not been repealed, for a period of 12 months after the coming into operation of section 193.

    (4)     A person who is, under subsection (1), deemed to be the holder of a longarms licence for category A or B longarms or a handgun licence and who is, upon the expiration of that licence under this section, applying for the renewal of the licence under this Act, the Chief Commissioner may impose a condition on the renewed licence as to the number of firearms that may be possessed under that licence if the person cannot demonstrate a need to possess some of the firearms possessed under the licence.