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Offences

Supply, acquisition and possession of ammunition

Offence title:

Supply, acquisition and possession of ammunition

Act:

65 Firearms Act (NSW)

Offence:

(1)   A person must not supply or give possession of ammunition for any firearm to another person unless:

  1. the other person is the holder of a licence or permit for a firearm which takes that ammunition, or
  2. the other person is authorised to acquire it by a permit.

(1A) In addition to subsection (1), a licensed firearms dealer must not supply or give possession of ammunition for any firearm to another person unless the firearms dealer has seen:

  1. a licence or permit held by the other person for a firearm which takes that ammunition, or
  2. a permit held by the other person authorising the person to acquire the ammunition.

(2)   A person must not acquire ammunition for any firearm unless the person:

  1. is the holder of a licence or permit for a firearm which takes that ammunition, or
  2. is authorised to acquire it by a permit,

and the amount of ammunition that is acquired at any one time does not exceed the amount (if any) prescribed by the regulations.

(3)   A person must not possess ammunition for any firearm unless the person:

  1. is the holder of a licence or permit for a firearm which takes that ammunition, or
  2. is authorised to possess it by a permit.

Penalty:

All offences – Fine of 50 penalty units.

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

(1)   Person A gives bullets to Person B, of a different calibre to those able to be taken by B’s licenced firearm.

(1A) Firearms Dealer A sells ammunition to B without reviewing B’s licence or permit, and the ammunition supplied cannot be taken by B’s firearm.

(2)   Person B acquires ammunition from A, of a different calibre to those able to be taken by B’s licenced firearm.

(3)   Person C, who is unlicensed for a firearm and has no permit, is finds ammunition and keeps it.

Important note:

Defence:

A person is not guilty of an offence under subsection (3) only because of possessing ammunition that is being conveyed or stored in the ordinary course of the person’s duties in the business of a carrier or warehouse operator.

The ammunition that a firearm takes includes any ammunition that can be safely fired in the firearm (whether or not that ammunition has the same calibre designation as the calibre designation of the firearm).

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