Handgun Legislation
The purposes of the Firearms Act 1996 are to give effect to the principle that possession, carriage, use, acquisition and disposal of firearms are conditional on the need to ensure public safety and peace by regulating licensing, registration, storage and education of the community in the safe and responsible use of firearms.
To give a brief understanding to prospective handgun licence holders the following summarises some of the important components of the Firearms Act 1996 applicable to handguns.
HANDGUN LICENCES
Section 15 of the Firearms Act 1996 allows the Chief Commissioner to licence a person to possess, carry or use a handgun for various reasons including for target shooting.
For the purpose of demonstrating that a licence is required for target shooting the applicant must be a current member of a shooting club or shooting organisation which is approved by the Chief Commissioner.
To obtain a handgun licence the applicant must:
* not be a prohibited person
* be 18 years of age or over
* be a fit and proper person to possess a handgun
* not be a danger to public safety or peace
* have passed a course of firearms safety approved by the Chief Commissioner and have a
* good knowledge of the firearms laws
* can comply with the storage requirement set out by the act
Handgun licences for recreational use are subject to the following conditions:
General Conditions (contained in Schedule 1 of the Act)
* the holder of the licence must permit a member of the police force to inspect the holder’s
storage arrangements at any reasonable time.
* the holder of the licence must not transfer, lend or give the licence to another person.
* any firearms held under the licence must not be used for any reason other than the
reasons authorized by the licence.
Special Conditions (contained Section 15(2)(b)
* the holder must be a member of an approved club and the firearms held under the licence
must not be used by any person other than a member of an approved club and at an
approved shooting range.
The Chief Commissioner also has power to impose other conditions on a handgun licence.
JUNIOR HANDGUN LICENCE
Section 18 of the Firearms Act 1996 allows the Chief Commissioner to licence a person who is of or over 12 years of age and under 18 years of age to carry or use handguns of the type specified in the licence for the purpose of receiving instruction in the use of such firearms or engaging in competition shooting.
To obtain a junior handgun licence the applicant must:
* not be a prohibited person
* be a fit and proper person to possess a handgun
* not be a danger to public safety or peace
* have passed a course of firearms safety approved by the Chief Commissioner and have a good knowledge of the firearms laws
* have the written consent of the parent or guardian.
Junior handgun licences are subject to the following conditions:
General Conditions (contained in Schedule 1 of the Act)
* the holder of the licence must not transfer, lend or give the licence to another person.
* any firearms held under the licence must not be used for any reason other than the reasons authorised by the licence.
Special Conditions (contained in item 4 of Schedule 2)
* the holder of the licence must not carry or use a handgun under the licence except under the immediate supervision of a person who is the holder of a handgun licence.
* the holder is authorised to carry or use a handgun, the carriage of use of which is authorised by the licence, on an approved shooting range.
* the holder is not authorised to purchase ammunition.
The licence is also subject to any other condition the Chief Commissioner imposes.
PERMIT TO ACQUIRE A HANDGUN Section 103 of the Firearms Act 1996 allows the Chief Commissioner to issue a permit to a person to acquire a handgun if that person is the holder of a licence that authorises the possession of handguns.
The applicant for a permit to acquire a hand gun must:
* not be a prohibited person
* is a fit and proper person to possess a handgun
* be able to comply with the storage set out under the Act
* be able to demonstrate that the reason for which the licence was required continues to
apply in respect of the handgun for which the application for the permit is made
can demonstrate a genuine need for the handgun.
In determining the genuine need to posses, carry or use a handgun the Chief Commissioner must have regard to the number, category and type of firearms already possessed by the applicant.
Applications for a permit to acquire must be in the form and manner approved by the Chief Commissioner and verified by statutory declaration.
A permit to acquire will not be issued until 28 days have expired after the making of the application and then remains in force for a period of 28 days or until the firearm to which it relates is acquired or the permit is cancelled.
Note: All transactions involving the acquisition or disposal of handguns must be
conducted with a or through a licensed firearms dealer
STORAGE OF HANDGUNS
The requirements for the storage of handguns is set out in Schedule 4 of the Firearms Act 1996.
Handguns must be stored in a steel safe-
* which is of a thickness that is not easily penetrable and
* which, if it weighs less than 500 kilogram when it is empty, must be bolted to the structure
of the premises where the firearm is authorised to be kept, and
* which, when any firearm is stored in it, is locked,
If more than 15 firearms are stored on the premises where the firearm is stored, the premises must be fitted with an effective alarm system.
Any ammunition for the firearm must be stored in a locked container separate from the safe in which the firearm must be stored.
SAFEKEEPING OF FIREARMS AND AMMUNITION WHILE BEING CARRIED OR USED
Section 126 of the Firearms Act 1996 requires that a person who is carrying or using a handgun must:
* Ensure that the handgun is carried and used in a manner that is secure and is not
dangerous and
* must take reasonable precautions to ensure that the handgun is not lost or stolen.
Note: The onus is on the licence holder to ensure that his handguns are secured at home, whilst travelling to a approved range and whilst shooting at approved range.
NON-PROHIBITED PERSONS WHO ARE EXEMPT FROM THE REQUIREMENT TO HOLD A LICENCE
Schedule 3 of the Firearms Act 1996 exempts certain categories of person from requiring a licence.
It includes any person who is of or over the age of 18 years who is receiving instruction in the use of a handgun by or under the immediate supervision of the holder of a handgun licence.
This only applies when carrying or using at an approved shooting range the handgun specified in the supervisor’s licence for the purpose of receiving instruction.
Note: This does not apply to persons under 18 years of age and is only for the
purpose of receiving instruction, not competition shooting.
OFFENCES
Apart from the general offences relating to possession, using, storing and acquiring handguns there are many other offences within the Act that can relate to a person possessing a handgun. These included but are not limited to:
* failing to notify the Chief Commissioner of change of address
* failing to notify the Chief Commissioner of the loss, theft or destruction of a handgun within 24 hours
* failing to advise the Chief Commissioner of the permanent removal a handgun from Victoria
* failing to produce a licence on demand of a member of the police force
* failing to produce a handgun for inspection by police
* permitting an unauthorised person to carry or use a handgun
* damaging property with a firearm
* using a handgun in a dangerous manner
* carrying a loaded handgun or using a handgun in a town etc
* carrying or using a handgun whilst intoxicated
Note: A finding of guilt at court for an offence against the Firearms Act 1996 (where
the court was able to impose a term of imprisonment) or an offence against any other
Act involving possession and use of firearms (where the court was able to impose a term of imprisonment) will result in the cancellation of a handgun licence.
Participation Requirements:
Link – Target Shooting Participation Conditions.pdf
Handgun Safety Course:
Link – Handgun Cse Law