Establishes detailed rules for the possession, storage, use and administration of firearms in New South Wales by replacing the previous regulation with the Firearms Regulation 2017 (commenced 1 Sept 2017) (cl.2).
Defines terms and lists specific devices that are not treated as firearms for the purposes of the Firearms Act 1996 (cl.3, cl.4).
Sets out which prior convictions and court orders disqualify a person from obtaining a firearms licence (cl.5–5(3)).
Prescribes licensing mechanics: available licence terms (1, 2 or 5 years in different circumstances) (cl.8); limits on what a Category H licence can be used for (business/employment only) (cl.6); mandatory certification and possible fingerprinting before issue (cl.9–cl.10); and mandatory refusal rules for pistol permits where the applicant intends to use a pistol for hunting/farming except in narrow medical circumstances (cl.11).
Special rules for security guards and security firms
A security guard licence generally authorises possession of only one firearm at a time and limits types of firearms authorised unless specially approved (cl.78).
Detailed forensic and ammunition standards apply to firearms and ammunition used by armed guards or held by security firms (uniquely identifiable characteristics on components and parts; restrictions on reloaded ammunition; manufacturer-recommended ammunition) (cl.79). Maximum penalty: 50 penalty units.
Employers (security firms) face tiered safe‑storage and premises-security requirements depending on the number of authorised firearms (from a single approved safe with monitored alarm up to vaults, 24-hour video surveillance and non-residential premises for >15 firearms) (cl.81). "Residential premises" is broadly defined to include anything within the curtilage used for residence.
The Firearms Regulation 2017 (the Regulation) is subordinate legislation made under the Firearms Act 1996 (the Act). Its primary function is to prescribe the operational machinery that gives practical effect to the Act’s licensing, possession, use, storage, dealing and enforcement regime.
Clause 1 simply names the Regulation. Clause 2 provides that it commenced on 1 September 2017 and repealed the Firearms Regulation 2006. Clause 3 supplies definitions used throughout: “government agency”, “local consent authority”, “pistol club”, “security guard”, “shooting range” and “the Act”. Clause 4 declares 11 specific items (stud drivers, bench-mounted experimental rifles, boulder busters, captive bolt guns, pre-1946 rendered-inoperable artillery, etc.) are not “firearms” for the purposes of the Act.
Part 2 contains general provisions applying to all licences and permits. Clause 5 lists 11 categories of disqualifying offences (firearms/weapons, prohibited drugs, public-order offences, violence, sexual offences, fraud/dishonesty, robbery, riot, affray, terrorism, organised crime) that prevent a person from being issued a licence or permit under ss 11(5) and 29(3) of the Act. Subclauses (1A), (2) and (3) extend these rules to good behaviour bonds, community correction orders and conditional release orders imposed in NSW. Clause 6 restricts the “business or employment” genuine reason for category H (pistol) licences so that it cannot be used to authorise hunting or primary production activities.
Clause 8 allows applicants for most categories to elect a two-year term instead of five years; category D licences linked to s 21(2) of the Act may be issued for 12 months, two years or five years. Clause 9 empowers the Commissioner to refuse a licence or permit to acquire unless the applicant certifies awareness of safe-keeping requirements. Clause 10 permits fingerprinting where identity is in doubt. Clause 11 imposes mandatory refusal of pistol permits for hunting or primary-production purposes unless a medical condition prevents rifle or shotgun use. Clause 12 allows discretionary refusal where training has not been completed or where the firearm is sought for personal protection.
Current sections
Direct links to the current provisions in Firearms Regulation 2017.
183
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Rules about how a guard must carry a pistol, what holsters are acceptable, and limits on carrying shotguns (cl.82).
Employers must store firearms when guards are off duty, keep them secure, notify the Commissioner when staff cease employment, and produce records/registers on request (cl.83, cl.87). Employers must ensure inspections every 3 months and at least annual servicing by licensed dealers (cl.88).
The Commissioner may authorise guards to retain pistols between duties or temporarily off-duty in limited circumstances, and may attach conditions and revoke authorisations (cl.85–cl.86).
Security guards must meet approved training requirements and hold the relevant security licence; continuing training is required at least annually or at an approved interval (cl.89). Firms may be required to supply information to justify the number of firearms they hold (cl.90).
Shooting ranges, clubs and approvals
Operating a shooting range (or using land as one) requires Commissioner approval; approved ranges must meet conditions and local consent authority approval is required for fixed ranges (cl.91–cl.93).
Approvals may be conditional, varied or revoked; moveable ranges have specific permissions (e.g., tethered air pistols/rifles under supervision) and approvals generally last up to 5 years (cl.93–cl.95).
Clubs (shooting, hunting, collectors) must meet numeric and organisational thresholds, provide rules and evidence of members and insurance, and may need affiliation with peak associations unless exceptions apply (cl.96–cl.101). Secretaries have duties to prevent disqualified members from participating and to notify the Commissioner in specified circumstances (cl.99, cl.101–cl.103).
Compliance, enforcement and penalties
The Regulation creates recordkeeping and reporting obligations (eg. bound registers, 24-hour entry requirements for acquisitions/servicing/disposals) with production on police request (cl.87).
The Commissioner has multiple discretionary powers: to refuse licences/permits absent certification or training, to require information from firms, to attach/vary/revoke approvals or authorisations (cl.9–cl.12, cl.90, cl.93–cl.96, cl.85–cl.86).
A Schedule lists offences eligible for penalty notices with fixed monetary amounts for specific Act provisions and Regulation clauses (Sch.1). Examples: many offences carry penalty-notice amounts of $220 or $550; certain regulatory breaches attract penalties up to 50 penalty units as stated in the relevant clauses.
Purposes claimed in the text and how the rules work mechanically
The Regulation frames its provisions around safety, traceability, and administrative control: setting safe‑storage and premises standards (cl.81), requiring identifiable forensic characteristics on firearm parts/ammunition (cl.79), mandating training and certification (cl.9, cl.89), and controlling the circumstances in which pistols may be issued or retained (cl.11, cl.85–cl.86).
Mechanically, these aims are implemented by (a) mandatory storage and security equipment and monitoring tied to firearm counts (cl.81); (b) compulsory marking/identification standards and bans on reloaded ammunition (cl.79); (c) licensing rules and certification/fingerprinting powers (cl.9–cl.10); and (d) approval and oversight regimes for ranges and clubs with renewal, variation and revocation powers (cl.92–cl.95, cl.97–cl.101).
Who pays, who decides, and what changes behaviour
Who pays: licence applicants, individual holders, employers/security firms and clubs bear direct costs — for approved safes, alarms and surveillance (cl.81), time‑delay locks, ongoing inspections/servicing (cl.88), training and certification (cl.9, cl.89), recordkeeping (cl.87), and fees for approvals (cl.92 references fees). Individuals seeking pistols for hunting/farming are blocked except in very narrow medical cases (cl.11).
Who decides: the Commissioner holds broad discretion over licence/permit issues, training requirements, forensic standards, approval conditions, and authorisations to retain firearms (cl.9–cl.12, cl.79, cl.85–cl.90, cl.92–cl.96).
Behaviour changes intended by the mechanics: more secure storage at business premises, routine inspection/servicing cycles, centralised records and police‑accessible registers, restrictions on pistol uses and limits on off-duty retention by guards, and formal approval pathways for ranges and clubs (cl.81–cl.89, cl.85–cl.86, cl.91–cl.101).
Costs, incentives, trade‑offs and implementation risks raised by the text
Concentrated compliance burdens: security firms and employers face specific, tiered equipment and premises requirements (heavy safes, monitored alarms, surveillance) tied to firearm counts (cl.81). Those costs are concentrated on firms that must meet physical infrastructure standards.
Administrative and ongoing costs: recordkeeping in specified bound formats and frequent inspection/servicing and training create recurring compliance costs for firms and clubs (cl.87–cl.89).
Bureaucratic discretion and compliance risk: the Commissioner’s broad powers to refuse, attach conditions, require information, vary or revoke approvals, and authorise retention introduce procedural and compliance uncertainty for applicants and holders (cl.9–cl.12, cl.85–cl.90, cl.92–cl.96). These powers create operational risk for firms and clubs if approvals or authorisations are changed or revoked.
Behavioural restrictions/substitution effects: a Category H licence is confined to business/employment reasons (cl.6); pistols cannot be authorised for hunting/farming except on medical grounds (cl.11). These limits alter what private individuals can lawfully do and may shift demand across licence categories or change how people acquire firearms for particular uses.
Enforcement and monitoring effort: the detailed forensic marking and component‑identification rules (cl.79) and the requirement to maintain and produce registers (cl.87) shift enforcement toward technical verification and record inspection tasks for police/Commissioner, implying resource needs for oversight.
Penalties and compliance levers: a schedule of penalty notice amounts and specific maximum penalties (Sch.1; e.g. fixed amounts such as $220 and $550 for listed provisions; clause penalties up to 50 penalty units for specified offences) provide enforcement levers but also impose financial costs on those found non‑compliant (Sch.1; cl.79, cl.81, cl.83–cl.89).
Net mechanical effect
The Regulation replaces the prior standard instrument and implements a detailed, administratively specified regime targeting security firms, guards, clubs and ranges, with specific storage, forensic, training and recordkeeping requirements enforced through licence conditions, approvals and penalty schedules (cl.2, cl.79–cl.90, cl.91–cl.103, Sch.1). It centralises many decisions with the Commissioner and ties obligations and costs to the scale and function of the holder (eg. number of firearms, security business activity).
Notification obligations are imposed by cl 13 (lost, stolen or destroyed documents – 14 days, 20 penalty units), cl 15 (cessation of genuine reason – 14 days, 50 penalty units), cl 16 (change of particulars other than address – 14 days, 20 penalty units) and cl 17 (address where firearms are kept – 14 days, 50 penalty units). Renewal, pending applications, revocation and permit conditions are dealt with in cll 18–25. Clause 26 recognises interstate licences for limited purposes. Clause 27 imposes additional record-keeping, inspection, training and storage duties on government agencies that hold licences.
Part 3 adds licence-specific conditions. Sport/target shooting licences are conditioned on compliance with Part 10 participation rules and use only at approved ranges (cl 29). Recreational hunting/vermin control licences for non-club members require written permission or statutory declaration (cl 30); club members face parallel obligations (cll 31–32). Firearms collector licences require compliance with Part 10, permanent deactivation of prohibited firearms in accordance with detailed welding specifications (cl 36(2)–(5)), and storage standards additional to s 39 of the Act (cl 36(6)).
Part 4 regulates firearms dealers. Clause 39 prohibits issue of a dealer’s licence unless the premises are suitable, the business is a genuine commercial enterprise and local consent has been obtained. Theatrical armourers receive expanded authority to supervise actors (cl 40). Employees under 18 may work under supervision (cl 41). Clause 42 mirrors the disqualification offences in cl 5 for persons involved in the dealer’s business. Public-liability insurance of $10 million is mandatory for retail premises (cl 43). Detailed transaction-recording, stock-checking, advertising and notification rules appear in cll 45–52.
Part 5 sets minimum age (12) for minors’ permits (cl 53), continuation of authority for three months past 18 (cl 54) and recognition of interstate minors’ permits (cl 55). Part 6 creates 17 additional permit types (heirloom, museum, theatrical production, international visitors competition, tranquilliser, safari tour, historical re-enactment, historical cannon, powerhead, starting pistol, arms fair, scientific, RSL display, ammunition collection, ammunition, large-calibre pistol). Each contains its own eligibility, term, condition and revocation criteria.
Part 7 imposes security-industry-specific obligations: restrictions on numbers and types of firearms (cl 78), forensic ammunition and firearm-component standards (cl 79), off-duty storage and carriage rules (cll 80–86), registers (cl 87) and annual training (cl 89). Clause 81 prescribes graduated safe-storage standards that escalate with the number of firearms held (one firearm, 2–5, 6–15, >15).
Part 8 governs approval of shooting ranges. Offences for operating unapproved ranges or breaching conditions are created (cl 91). Approval criteria, conditions, variation and revocation are set out in cll 92–95. Clause 28A (renumbered from cl 33) extends all licences and permits to sighting-in, patterning and related activities on any land where use is otherwise lawful.
Part 9 sets approval criteria for shooting clubs, hunting clubs and collectors’ societies (cll 96–102). Annual returns, notification of disqualifying convictions and information-sharing powers are prescribed. Part 10 imposes annual participation minima: six competitive matches for single-type pistol shooters, scaling upward with additional pistol types (cl 106); four activities for non-pistol sport shooters (cl 107); two hunting-club events (cl 108); one collectors’ meeting (cl 109).
Part 11 prescribes fees; Part 12 deals with registration particulars, notifications and identification certificates. Part 13 contains exemptions (ADF/police posted interstate, silencer permit holders, certain government officers, supervised range use). Part 14 creates temporary amnesties for surrender and registration. Part 15 contains miscellaneous provisions including maximum pistol length (cl 142), recognition of interstate AVOs (cl 143), safety-training courses (cl 144), transportation requirements (cll 147–149) and supervision standards (cl 156).
In short, the Regulation translates the Act’s high-level prohibitions and licensing framework into a comprehensive, enforceable code covering every stage of the firearms lifecycle.
Who it affects
The Regulation affects every natural person or entity that possesses, uses, supplies, manufactures, deals in, stores, transports or disposes of a firearm or ammunition in New South Wales.
Individual licence and permit holders (sport/target shooters, hunters, collectors, primary producers, security guards) are subject to disqualification checks (cl 5), safe-storage obligations (cll 9, 17, 28B), notification duties (cll 13–17) and participation minima (Part 10).
Firearms dealers, including club and theatrical armourers, face suitability tests for premises (cl 39), record-keeping (cll 45–46), insurance (cl 43), stock-checking (cl 48) and death-of-dealer protocols (cl 52).
Security firms and armed security guards are regulated under Part 7 with specific ammunition standards (cl 79), graduated storage vaults (cl 81), carriage rules (cl 82), registers (cl 87) and annual training (cl 89).
Government agencies that hold licences for their employees receive tailored storage, inspection, training and notification obligations (cl 27).
Approved clubs and ranges must satisfy affiliation, membership, insurance and public-safety criteria (Part 9) and are subject to participation monitoring (Part 10) and range-approval conditions (Part 8).
Museums, film producers, international visitors, historical re-enactment societies, RSL branches and scientific researchers must obtain and comply with one of the 17 specialised permits in Part 6.
Minors (12 years and above) may hold permits but are subject to parental consent and direct supervision rules (cll 53–56).
Interstate residents benefit from reciprocal recognition for limited purposes (cll 26, 55, 135) but must comply with transit and competition conditions.
Employers of armed guards, primary producers and certain public servants are indirectly regulated through the obligations placed on their employees and the exemptions granted for official duties (cll 27, 127, 148).
The Regulation therefore casts a wide net across recreational, occupational, commercial, cultural and governmental users of firearms.
Key duties and rights
Duties are predominantly expressed as conditions of licences and permits or as standalone offence provisions.
Safe storage: cl 28B prohibits storage in an uninhabited dwelling or unobserved non-dwelling premises unless approved safes, alarms and duress systems are used. Security firms must meet escalating physical-security standards (cl 81).
Notification: 14-day obligations to report loss of documents (cl 13), cessation of genuine reason (cl 15), change of particulars (cl 16) and change of storage address (cl 17).
Record-keeping: dealers must record transactions (cll 45–46), theatrical armourers and production-permit holders must keep registers for three years (cll 40, 60), security employers must maintain acquisition and issue registers (cl 87).
Training and participation: annual continuing training for security guards and government employees (cll 27(9), 89); minimum competitive-match or event attendances for club members (Part 10).
Supervision: direct line-of-sight supervision is required for provisional pistol licensees (cl 28), minors (cl 55), range users under s 6B of the Act (cl 129) and theatrical productions (cl 40).
Forensic standards: security ammunition and firearms must leave identifiable marks (cl 79).
Rights are largely permissive authorities conferred by licence or permit.
Extended authorities: cl 28A allows sighting-in and patterning outside approved ranges; cl 36(8) permits display at approved collectors’ meetings.
Exemptions: interstate licence holders may transit or compete (cl 26); certain tools are declared not to be firearms (cl 4); specific government officers are exempt from licensing when performing official duties (cl 127).
Amnesty protections: Part 14 shields persons surrendering or registering previously unlicensed firearms from possession and supply offences during the amnesty period.
Procedural rights: pending renewal applications extend authority (cl 19); duplicate documents may be obtained on payment of fee (cl 14); internal review is available for certain decisions (cl 154).
Penalties and enforcement
Maximum penalties are expressed in penalty units (currently $110 per unit). The most common are 20 penalty units ($2,200) for notification breaches (cll 13, 16, 30(4), 32(2)–(3), 103, 120) and 50 penalty units ($5,500) for storage, notification of cessation of reason, dealer and security-industry breaches (cll 15, 17, 27, 28B, 40, 43, 47–52, 79, 81–89, 91).
Strict liability applies to many storage and notification offences; some (cl 28B) carry higher penalties (50 penalty units) if the firearm is proved beyond reasonable doubt to be a prohibited firearm or pistol. Enforcement tools include:
Commissioner’s power to refuse, revoke or impose conditions (cll 9–12, 20–21, 39, 95, 98).
Mandatory inspection and certification regimes (cll 37, 49, 150).
Power to require fingerprinting (cl 10) and to obtain information from clubs (cl 104).
Penalty-notice regime (Schedule 1) for 17 specified offences.
Revocation of approvals for clubs and ranges where public safety is compromised (cll 95, 98).
The Commissioner may also destroy fingerprints once no longer required (cl 10(3)–(4)) and must be notified of deaths of dealers (cl 52).
How it interacts with other laws
The Regulation is expressly linked to the Firearms Act 1996 (defined as “the Act” in cl 3(1)) and must be read with it. Cross-references appear to:
Drug Misuse and Trafficking Act 1985 and Poisons and Therapeutic Goods Regulation 2008 for drug-related disqualifiers.
Security Industry Act 1997 for definitions of security guard and master licences (cll 3, 5, 27, 77, 89).
Local Government Act 1993, Government Sector Employment Act 2013 and Interpretation Act 1987 for ancillary definitions.
Weapons Prohibition Act 1998 for silencers (cl 126) and prohibition orders (cl 137A).
Commonwealth Criminal Code (Part 5.3) for terrorism offences (cl 5(1)(j)).
Family Law Act 1975 (Cth) and interstate domestic-violence legislation for recognised AVOs (cl 143).
Clause 158 saves acts done under the 2006 Regulation. Clause 105A provides emergency exemptions during public-health or state-emergency events. The Regulation also interacts with transport and workplace-safety legislation through its commercial and non-commercial conveyance rules (cll 147–149).
Recent changes and why
The text records amendments up to 2022. Key changes include:
2018 No 44, Sch 2.4 updated definitions and international-visitors permit criteria (cll 3, 61).
2019 No 20, Sch 1.12 expanded cl 5 disqualification rules to include community correction orders and conditional release orders.
2021 (314) was the most substantial single amendment package. It repealed cl 7, renumbered and amended cl 33 into new cl 28A (sighting-in authority), inserted cl 28B (storage in inhabited dwellings and off-site monitored alarms), amended participation and range-approval provisions (cll 29, 35, 94), updated government-agency lists (cl 35), inserted cl 105A (public-emergency exemptions), amended museum permit rules (cl 59), and made consequential changes to notification and revocation clauses.
2022 No 19, Sch 2 updated term options for category D licences (cl 8) and the list of prescribed agencies (cl 35).
2021 (648) extended training intervals for security guards to 24 months in approved cases and inserted cl 157A (repeal of temporary COVID-19 Schedule 2).
These changes reflect a policy of tightening storage and monitoring, expanding legitimate uses (sighting-in), responding to COVID-19 operational difficulties, aligning disqualification criteria with sentencing reforms, and clarifying reciprocal and emergency arrangements.
Court challenges and controversies
The Regulation itself does not record specific judicial decisions. However, the structure of cl 5’s disqualifying offences has been a recurring point of contention in administrative-review proceedings before the Civil and Administrative Tribunal. The breadth of “offence relating to terrorism” (cl 5(1)(j)) and the inclusion of overseas equivalents have raised questions of proportionality. Clause 20’s “public interest” revocation ground has been litigated on numerous occasions, although the Regulation merely repeats the statutory language.
Storage requirements in cl 28B and cl 81 have generated compliance disputes, particularly the “inhabited dwelling” test and the cost of off-site monitored alarms for small security firms. Participation minima in Part 10 have been criticised by rural collectors’ societies as impractical. The exemption framework in Part 13 and the amnesty in Part 14 have been used to resolve legacy non-compliance but have also prompted complaints about unequal treatment between those who surrendered early and those who did not.
No specific High Court or Court of Appeal authorities are cited in the Regulation; all controversies must be resolved by reference to the text and the enabling Act.
Gotchas
Most practitioners miss the interaction between cl 5(1A) and cl 5(2)–(3): a community correction order imposed outside NSW does not trigger the extended disqualification in subclause (1A), but certain offences committed while subject to such an order can still disqualify under subclause (3). The distinction is easily overlooked on a quick reading.
Clause 28A’s extension of every licence to sighting-in and patterning is conditional: it does not authorise use at an approved range except for the listed activities, and does not override pistol-specific restrictions. Many shooters assume the clause gives carte blanche; it does not.
The graduated storage standards in cl 81 for security firms are triggered by the number of firearms the firm is authorised to possess, not the number actually held at any one time. A firm that obtains authority for 16 firearms must immediately install the vault, 24-hour video and separate monitored alarms even if it only ever holds six.
Clause 36(6)(h) is a trap for collectors: if any firearm is displayed outside its locked container the collector must be physically present in the room. Remote CCTV does not suffice. Many collectors discover this only after a compliance inspection.
The 48-hour “as soon as practicable” rule in cll 30(4) and 32(3) for producing permission documents is frequently misunderstood. The clock starts when the demand is made; the explanation that failure to comply is an offence must be given or no offence is committed (cll 30(5), 32(4)).
Finally, cl 157A’s staged repeal of the COVID-19 Schedule 2 means that actions taken under the now-repealed Parts 2 and 4 remain legally effective. Compliance officers sometimes wrongly assert that earlier extensions have lapsed.
How to comply
Compliance begins with a gap analysis against the exact category of licence or permit held. Every holder should maintain a register that records:
each firearm’s registration number, storage address and safe-keeping certificate (cl 17);
dates of any change in genuine reason or particulars (cll 15–16);
for collectors, proof that deactivation standards in cl 36(2)–(5) have been met by a qualified gunsmith.
Security firms must map their authorised firearm ceiling against the correct tier in cl 81 and install the corresponding safe, alarm and video systems before the authority is issued. Annual servicing contracts with licensed dealers (cl 88) and quarterly inspections must be documented.
Clubs must nominate a compliance-period start date and keep attendance records that distinguish competitive matches from practice. Principal-club nominations (cl 111) must be filed with the Commissioner; failure to notify activities at secondary clubs will breach the Part 10 minima.
Dealers must embed transaction-recording fields for calibre and manufacturer (cl 46) and ensure the 7-day electronic upload to the Commissioner occurs. Theatrical and production-permit holders must keep the approved register off-site from the firearms themselves (cll 40(3)(b), 60(7)(b)).
All applicants should complete the Commissioner’s approved safety course before lodging and retain the certificate. Fingerprinting consent forms should be signed only after confirming that identity cannot be verified by other reasonable means (cl 10(2)).
Finally, adopt a 7-day internal reminder system for all notification obligations. A single missed 14-day window under cl 15 or cl 17 can trigger revocation and, in the case of security firms, cascading breaches under cl 83. Annual audit against the exact wording of the most recent version of the Regulation (including any cl 105A emergency order in force) is the only reliable safeguard.