Firearms Act 1996

• Firearms owners and prospective buyers: All persons possessing or using a firearm in the ACT must be licensed. There are no exceptions for previously lawfully-held firearms that are not licensed.
• Sport and target shooters: Must be members of an approved club (section 40) and hold an appropriate category licence.
• Collectors: Must hold a specific collector's licence. Ammunition collectors must obtain separate Registrar approval (section 41).
• Hunters: Must hold a category B, C or D licence as appropriate.
• Farmers and primary producers: May apply for a primary production licence to manage pests.
• Firearms dealers: Subject to a separate comprehensive licensing, record-keeping and inspection regime under Part 13. Dealers may acquire and sell firearms under their dealer licence subject to strict conditions.
• Police: Police have enforcement powers under Part 14 and are exempt from certain licensing requirements for service weapons.
• Importers: Importing firearms into the ACT is regulated and requires appropriate authorisation.

Licence requirement. Section 42 makes it an offence to possess or use a prohibited firearm without a licence or permit. Section 43 makes it an offence to possess or use any other firearm without a licence or permit. These are the foundational prohibitions from which all other obligations flow.

Genuine reason. Applicants for firearms licences must demonstrate a genuine reason for possessing each firearm category sought. If the genuine reason ceases to exist, the licensee is obliged to notify the Registrar and the licence may be revoked.

Safe storage. Licensees must store firearms in accordance with the Registrar's storage requirements (Part 12, section 180). Failure is an offence regardless of whether any harm results.

Condition compliance. Section 45 creates an offence for contravening a condition imposed on a licence or permit. Conditions may include restrictions on locations of use, membership of approved clubs, and limitations on the number and category of firearms held.

Dealer record-keeping. Firearms dealers (Part 13) must keep records of all transactions in accordance with the Act. Inspections of records and premises are authorised.

Notification of loss or theft. Section 47 requires a licensee to notify the Registrar of a lost, stolen or destroyed licence. The Act also requires notification of lost or stolen firearms.

Surrender on suspension or cancellation. When a licence or permit is suspended or cancelled, the holder must surrender the licence document (section 49) and may be required to surrender firearms (section 48). Police may seize firearms where a licence is suspended or cancelled (section 50).

Registrar. The Registrar of Firearms (section 33) has the central administrative role including:

• Issuing, suspending, varying and cancelling licences and permits.
• Maintaining the register of firearms.
• Making declarations about what is or is not a firearm or prohibited firearm (section 31), and about the effect of certain declarations (section 32).
• Determining safe storage requirements.
• Issuing guidelines for approved clubs (section 40) and collectors (section 41).
• Granting amnesty periods for the surrender of prohibited firearms (section 38).

Minister. The Minister may issue guidelines to the Registrar (section 37). These guidelines are binding on the Registrar and published in the gazette.

Police. Part 14 confers enforcement powers on police including search and seizure powers. Section 218 and surrounding provisions authorise police to enter premises and search for firearms. Section 219 creates a compensation mechanism for persons who suffer loss from the exercise of police enforcement powers.

Review. Part 16 provides for notification and review of Registrar decisions. Persons affected by adverse decisions may seek review through the administrative review mechanisms prescribed, which in the ACT typically involve the ACT Civil and Administrative Tribunal.

The penalty structure is explicitly graduated by firearm type and quantity:

Prohibited firearms (section 42):

• 10 or more prohibited firearms: maximum 20 years imprisonment.
• 3 to 9 prohibited firearms: maximum 14 years imprisonment.
• 1 or 2 prohibited firearms: maximum 10 years imprisonment.

Other firearms without licence (section 43):

• Maximum 2 years imprisonment or 50 penalty units (or both).

Trafficking (section 220): Contravening a "relevant provision" on 3 or more separate occasions within a 12-month period: maximum 20 years imprisonment. The relevant provisions are the core offences relating to unauthorised possession, use, sale or transfer of firearms. Section 220(2) requires the trier of fact to be satisfied as to the same 3 occasions, not merely any 3 from a larger number. Section 220(3) provides an alternative verdict where the trafficking charge is not made out but individual offences are proven.

Other offences in Part 15 carry penalties ranging from 50 penalty units to 10 years imprisonment depending on the conduct involved.

Compensation for enforcement powers. Section 219 allows persons to claim compensation from the Territory if they suffer loss or expense from the exercise of police enforcement powers under Part 14. Compensation may be ordered in criminal proceedings or in a separate civil proceeding.

Licence applications. Applications for firearms licences are made to the Registrar. The Act prescribes the requirements for each licence category. The Registrar must be satisfied that the applicant meets the requirements, including genuine reason, fit and proper person criteria, and safe storage capacity, before issuing a licence.

Renewal. Section 51 provides that licence renewals are to be treated as fresh applications, meaning the Registrar reassesses all requirements on renewal. Licensees cannot rely on grandfathering from a previous grant.

Permit to acquire. A separate permit to acquire (Part 10) must be obtained before acquiring each firearm. The permit specifies the firearm and the acquiring person.

Interstate recognition. Part 8 provides temporary recognition of interstate licences for persons in the ACT temporarily or moving to the ACT. Section 136 allows general temporary recognition. Section 137 provides for category C licences from interstate. Section 138 deals with interstate residents moving to the ACT with category A, B, and paintball marker licences.

Amnesty. Section 38 allows the Registrar to grant an amnesty period during which persons may surrender prohibited firearms without criminal liability. Amnesty periods are typically used following legislative changes that reclassify firearms as prohibited.

Review timelines. Part 16 requires notification of decisions. Review applications must be made within the timeframes prescribed under the review mechanism.

• Criminal Code (ACT): Section 4 provides that Criminal Code ch 2 applies to most offences under the Act, incorporating the general principles of criminal responsibility including the fault elements of intention, knowledge, recklessness and negligence.
• Legislation Act 2001 (ACT): The definition of penalty units and the legal status of notes are governed by the Legislation Act.
• Dangerous Substances Act 2004 (ACT): The definition of "explosive" is imported from that Act by signpost definition.
• Crimes Act 1900 (ACT): General criminal law provisions of the ACT (as distinct from the Criminal Code) interact with the offences in the Firearms Act.
• National Firearms Agreement: The Act implements the ACT's obligations under the national approach to firearms regulation established through the 1996 National Firearms Agreement following the Port Arthur massacre. The "facilitate a national approach" objective in section 5(1)(c) reflects this.
• ACT Civil and Administrative Tribunal: Review of Registrar decisions under Part 16 is provided through the ACAT framework.

Licence renewal is a fresh application. Section 51 makes clear that a renewal must satisfy all current requirements. A person whose circumstances have changed (for example, a club membership has lapsed, or the genuine reason has changed) cannot renew as of right. The Registrar may refuse renewal on any ground on which an initial application could be refused.

Firearm frames and receivers are firearms. Section 6(1)(b)(vi) defines a firearm to include a firearm frame or receiver that does not form part of a complete firearm. A person who possesses a receiver without a licence is committing an offence under section 43, even if they do not have the barrel, action, or other components.

Modified items are firearms. Under the "modified item" definition in section 6(3), something that would be a firearm if repaired, or if something were added, is a firearm. This prevents avoidance of the Act's provisions by disabling a firearm in ways that do not genuinely remove its dangerousness.

Trafficking requires only 3 occasions across 12 months. Section 220 creates a trafficking offence based on 3 or more contraventions of relevant provisions over 12 months. The offence does not require commercial activity or organised crime. A person who sells an unlicensed firearm twice and then lends one on a separate occasion within 12 months potentially commits the trafficking offence.

Interstate licence recognition is temporary. Part 8 recognition of interstate licences is limited and temporary. Interstate residents who take up residence in the ACT must apply for ACT licences. Section 138 gives a transition period for category A, B and paintball licences.

Genuine reason must be maintained. A genuine reason must exist at the time of application and must continue to exist throughout the licence period. If circumstances change (for example, a person ceases to be a member of an approved shooting club), the genuine reason may no longer be established, requiring notification to the Registrar and potentially resulting in revocation.

Sport shooter applying for a category B licence. A person who wants to use a centrefire rifle for target shooting must be a member of an approved club (section 40), establish that sport shooting is their genuine reason under section 5(2)(c), pass a fit and proper person assessment, and demonstrate safe storage capacity. The person must also obtain a permit to acquire (Part 10) before purchasing any firearm. After acquiring a licensed firearm, they must store it in accordance with the Registrar's requirements and notify the Registrar of any change in circumstances affecting the licence.

A farmer with inherited prohibited firearms. If a person inherits a firearm that is a prohibited firearm (for example, a semi-automatic rifle listed in Schedule 1), they cannot lawfully possess it without a licence for that category. Prohibited firearms licences are only issued in very restricted circumstances. The person must either apply for a prohibited firearms licence (if they can establish a relevant genuine reason and meet other requirements), apply for an amnesty surrender under section 38 if an amnesty is available, or otherwise make lawful arrangements for the firearm to be surrendered or transferred to an authorised person.

A dealer selling a firearm. A licensed firearms dealer (Part 13) may acquire and sell firearms within the authority conferred by the dealer licence. Before completing a sale, the dealer must ensure the buyer holds a valid firearms licence covering the firearm category and a permit to acquire for the specific firearm. The dealer must record the transaction in the dealer's records. Failure to follow the prescribed process is an offence under Part 13.

Police seizure under an expired licence. If a person's firearms licence expires or is cancelled and they fail to surrender the firearms as required by section 48, police may under section 50 seize the firearms. The person commits an offence under section 49 for failing to surrender the licence. If the person suffers genuine loss or damage from the seizure (for example, business equipment), they may claim compensation under section 219.