Victorian Consolidated Legislation

Firearms Act 1996 - SECT 53A

Surrender of handguns for failure to comply with participation condition

53A. Surrender of handguns for failure to comply with participation condition



(1) If the holder of a general category handgun licence has been served with a
notice from the Chief Commissioner under section 52A, the holder must-

   (a)  if served personally with the notice, immediately surrender any
        handgun and ammunition referred to in the notice to the person serving
        the notice; or

   (b)  if served by post with the notice, within 7 days of the service of the
        notice, surrender any handgun and ammunition referred to in the notice
        to a police station.

(2) If a member of the police force has reasonable grounds for believing that
a person has not complied with subsection (1), the member-

   (a)  must seize from the person any handgun and ammunition referred to in
        the notice, if the member is aware that any such handgun and any such
        ammunition is in the possession of the person; and

   (b)  may, at any reasonable time, without warrant, enter and search any
        premises where the person resides or has resided for the purpose of
        seizing any such handgun or ammunition.

(3) Despite the surrender or seizure of a handgun or ammunition under this
section, the person who has surrendered the handgun or ammunition or from whom
the handgun or ammunition has been seized continues to be the owner of the
handgun or ammunition.

(4) If a person has surrendered a handgun or ammunition under this section or
if a handgun or ammunition has been seized from a person under this section,
that person must dispose of that handgun or ammunition to a licensed firearms
dealer within 56 days of service of the notice from the Chief Commissioner
under section 52A.