Victorian Consolidated Legislation

Firearms Act 1996 - SECT 7A

Offences for certain types of handguns

7A. Offences for certain types of handguns









(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.

(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-

   (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.

(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-

   (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 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.

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



(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.