Restrictions on supply of firearm parts

Offence title:

Restrictions on supply of firearm parts

Act:

51BA Firearms Act (NSW)

Offence:

(1)   A person (the supplier) must not supply, or knowingly take part in the supply of, a firearm part to another person unless:

1. the other person is authorised to supply the firearm part by a licence or permit, and
2. the following documents have been produced to, and inspected by, the supplier
   1. the other person’s licence or permit, and
   2.  if the other person is not a licensed firearms dealer—the other person’s permit to acquire the firearm (or the equivalent of any such permit that is issued under the law of another State or Territory in respect of the firearm concerned).

(2)   A person (the supplier) must not supply, or knowingly take part in the supply of a firearm part that solely relates to a pistol or prohibited firearm to another person unless

1. the other person is authorised by a licence or permit, to supply the firearm part, and
2. the other person is the holder of a licence or permit for that kind of pistol or prohibited firearm, and
3. the other person’s licence or permit has been produced to, and inspected by, the supplier.

Penalty:

(1)   Imprisonment for 5 years

(2)   Imprisonment for 14 years

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

(1)   Person A sells a rifle barrel to Person B without being authorised by licence or permit, notwithstanding Person B is licensed for the firearm to which the part relates and produces it for inspection.

(2)   Person A sells a pistol barrel to Person B without being authorised by licence or permit, notwithstanding Person B is licensed for the firearm to which the part relates and produces it for inspection.

Important note:

takes part in the supply of a firearm part means:

1. the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply, or
2. the person provides or arranges finance for any step in that process, or
3. the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.

Alternative verdict: if a magistrate or jury are not satisfied of An accused being guilty of an offence under (2) but they are of an offence under (1), then such a finding of guilt is available to magistrate or jury.