Restrictions on supply of firearms

Offence title:

Restrictions on supply of firearms

Act:

51 Firearms Act (NSW)

Offence:

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

1. the other person is authorised to possess the firearm 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).

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

1. the other person is authorised to possess the pistol or prohibited firearm 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 permit that is issued under the law of another State or Territory in respect of the pistol or prohibited firearm concerned).

 (2)   A person other than a licensed firearms dealer must not supply, or knowingly take part in the supply of, a firearm to a person who is not a licensed firearms dealer unless

1. the supply has, in accordance with the regulations, been 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.

(2A) A person other than a licensed firearms dealer must not supply, or knowingly take part in the supply of, a pistol or prohibited firearm to a person who is not a licensed firearms dealer unless:

1. the supply has, in accordance with the regulations, been 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:

(1)   Imprisonment for 5 years

 (1A) Imprisonment for 20 years

 (2)   Imprisonment for 5 years

 (2A) Imprisonment for 20 years

Summary/Indictable/mixed:

(1)   and (2) Mixed
(1A) and (2A) Indictable

Jurisdiction:

(1)   and (2) Local, District or Supreme Court

(1A) and (2A) District or Supreme Court

How committed:

(1)   Person A sells a rifle to Person B when B is not licensed for that rifle.

 (1A) Person A sells a pistol to Person B when B is not licensed for that pistol.

 (2)   Person A sells Person B a rifle 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.

 (2A) Person A sells Person B a pistol 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:

If the firearm is an imitation firearm, the other person’s permit to acquire the firearm is not required to be produced to and inspected by the supplier under subsection (1) or (1A) (without affecting the requirement that the other person’s licence or permit be produced to and inspected by the supplier). Note: The holder of a permit authorising the possession or use of an imitation firearm is not required to be authorised by a permit to acquire the imitation firearm.

takes part in the supply of a firearm 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 (1A) or (2A) but they are of an offence under (1) or (2) respectively, then such a finding of guilt is available to magistrate or jury.

Further offence: s.51B Supplying firearms on an ongoing basis.