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FIREARMS ACT 1996 - SECT 7A Offences for certain types of handguns

FIREARMS ACT 1996 - SECT 7A

Offences for certain types of handguns

S. 7A(1) amended by No. 78/2005 s. 6(2).

    (1)     A person who is the holder of a handgun target shooting licence must not possess, carry or use—

        (a)     unless authorised by the Chief Commissioner under subsection (2), any handgun that has a barrel length of—

              (i)     in the case of a semi-automatic handgun, less than 120 mm; or

              (ii)     in the case of a revolver or single shot handgun, less than 100 mm; or

        (b)     unless authorised by the Chief Commissioner under subsection (4) any handgun that has a calibre of more than ·45 inch; or

        (c)     unless authorised by the Chief Commissioner under subsection (4), any handgun that has a calibre of more than ·38 inch but not more than ·45 inch; or

        (d)     a handgun that has a magazine with a capacity of more than 10 rounds.

Penalty:     240 penalty units or 4 years imprisonment.

S. 7A(2) amended by No. 78/2005 s. 6(3).

    (2)     Upon application by a person who is the holder of, or an applicant for, a handgun target shooting licence, the Chief Commissioner may authorise the applicant to possess, carry or use a general category handgun that has a barrel length—

        (a)     in the case of a semi-automatic handgun, of less than 120 mm; or

        (b)     in the case of a revolver or single shot handgun, of less than 100 mm.

    (3)     In granting an authorisation under subsection (2) the Chief Commissioner may have regard to—

S. 7A(3)(a) amended by No. 78/2005 s. 6(4).

        (a)     whether or not the handgun is required for participation in approved handgun target shooting matches; and

        (b)     the experience of the applicant in the use of handguns for target shooting; and

        (c)     whether or not the handgun is appropriate for possession, carriage or use for target shooting; and

        (d)     the general size, appearance and other characteristics of the handgun; and

        (e)     any other relevant matter.

S. 7A(4) amended by No. 78/2005 s. 6(5).

    (4)     Upon application by a person who is the holder of or an applicant for a handgun target shooting licence, the Chief Commissioner may authorise the applicant to possess, carry or use a general category handgun

        (a)     that has a calibre of more than ·45 inch; or

        (b)     that has a calibre of more than ·38 inch but not more than ·45 inch.

    (5)     In granting an authorisation under subsection (4) the Chief Commissioner may have regard to—

S. 7A(5)(a) amended by No. 78/2005 s. 6(6)(a).

        (a)     whether or not the handgun is required for participation in approved handgun target shooting matches; and

        (b)     the experience of the applicant in the use of handguns for target shooting; and

S. 7A(5)(c) amended by No. 78/2005 s. 6(6)(b).

        (c)     whether or not a club to which the applicant belongs or at which the applicant intends to use the handgun is adapted to enable ammunition that may be used in a firearm of the calibre applied for to be used appropriately and safely; and

        (d)     whether or not the handgun is appropriate for possession, carriage or use for target shooting; and

        (e)     the general size, appearance and other characteristics of the handgun; and

        (f)     any other relevant matter.

S. 7A(6) substituted by No. 78/2005 s. 6(7).

    (6)     This section does not apply to a black powder handgun.

S. 7A(7) inserted by No. 78/2005 s. 6(7).

    (7)     This section does not apply to a person who is the holder of a handgun target shooting licence

        (a)     who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, on an approved shooting range for the purpose of determining whether or not to purchase the handgun or apply for an authorisation under this section for the handgun; or

        (b)     who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, in an approved handgun target shooting match at an approved shooting range as the result of the malfunction of another handgun being used by that person in that match; or

        (c)     who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, for the purposes of instructing another person in the use of the handgun; or

        (d)     who possesses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, for the purposes of storing the handgun.

S. 7B inserted by No. 28/2003 s. 8.