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Offences

Restrictions on acquiring firearms

Offence title:

Restrictions on acquiring firearms

Act:

51A Firearms Act (NSW)

Offence:

(1)   A person (the receiver) must not acquire a firearm from another person (the supplier) unless:

  1. the supplier is authorised to possess the firearm by a licence or permit, and
  2. the supplier’s licence or permit has been produced to, and inspected by, the receiver.

(2)   A person other than a licensed firearms dealer must not acquire a firearm from another person who is not a licensed firearms dealer unless

  1. the supply has been, in accordance with the regulations, arranged through a licensed firearms dealer, or
  2. in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available—the supply is witnessed by a police officer authorised by the Commissioner.

Penalty:

(2)   Imprisonment for 14 years if the firearm is a pistol or prohibited firearm.

Imprisonment for 5 years in all other cases.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

(2)   Person B buys a pistol from Person A but does not make arrangements for the transaction through a dealer, in accordance with the regulations or with it being witnessed by a police officer.

Important note:

 

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