sec.35Acquisition of weapons

### sec.35 Acquisition of weapons A person may acquire a weapon only if— the person is a licensed dealer; or the person is the holder of a permit to acquire the weapon and acquires the weapon— from or through a licensed dealer; or through a police officer in circumstances prescribed under a regulation; or the person acquires the weapon under other lawful authority, justification or excuse. Maximum penalty— for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and for a category A, B or M weapon—20 penalty units or 6 months imprisonment. J wishes to sell J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. J and S agree on the sale price, but the sale may only be completed through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) . J wishes to give J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. The gift of the weapon may only be made through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) . J sells J’s weapon to G, a licensed dealer. G later sells the weapon to S who holds an appropriate licence and a permit to acquire the weapon. G must still provide certain information about the acquisition to an authorised officer under subsection (2) , but in this case is not entitled to a brokerage fee. J pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied for a permit to acquire, but the application has not been finally decided. If J takes possession of the firearm before the permit to acquire is issued, J acquires the weapon and commits an offence against subsection (1) . If the weapon is acquired from a licensed dealer or the acquisition happens through a licensed dealer or police officer— the acquirer must give the dealer or police officer a copy of the permit to acquire; and the dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation. Maximum penalty—20 penalty units or 6 months imprisonment. If the acquisition happens through a licensed dealer, the dealer is entitled to a brokerage fee from the acquirer in the amount prescribed under a regulation. The dealer is not entitled to any other payment for brokering the acquisition. If the acquisition happens under other lawful authority, justification or excuse, the acquirer must, unless the acquirer has a reasonable excuse, take immediate action— to comply with this Act; or to surrender the weapon under section 30 (4) or (5) . Maximum penalty for subsection (5) —20 penalty units or 6 months imprisonment. This section does not apply to the acquisition of a weapon, if the acquisition consists only of a person taking possession of the weapon— to repair it; or to store it, if the person is an armourer storing it for someone else; or on a temporary basis for not more than 6 months without giving consideration for the acquisition or for the weapon; or in performing duties as a security guard under a security licence (guard); or under section 52 , 53 , 54 (2) , 55 or 55A . In this section— acquire , a weapon, means purchase, accept or receive or otherwise take possession of the weapon. s 35 ins 1996 No. 41 s 8 amd 1997 No. 48 s 18 ; 2003 No. 92 s 56 ; 2022 No. 4 s 32 (sec.35-ssec.1) A person may acquire a weapon only if— the person is a licensed dealer; or the person is the holder of a permit to acquire the weapon and acquires the weapon— from or through a licensed dealer; or through a police officer in circumstances prescribed under a regulation; or the person acquires the weapon under other lawful authority, justification or excuse. Maximum penalty— for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and for a category A, B or M weapon—20 penalty units or 6 months imprisonment. J wishes to sell J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. J and S agree on the sale price, but the sale may only be completed through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) . J wishes to give J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. The gift of the weapon may only be made through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3) . J sells J’s weapon to G, a licensed dealer. G later sells the weapon to S who holds an appropriate licence and a permit to acquire the weapon. G must still provide certain information about the acquisition to an authorised officer under subsection (2) , but in this case is not entitled to a brokerage fee. J pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied for a permit to acquire, but the application has not been finally decided. If J takes possession of the firearm before the permit to acquire is issued, J acquires the weapon and commits an offence against subsection (1) . (sec.35-ssec.2) If the weapon is acquired from a licensed dealer or the acquisition happens through a licensed dealer or police officer— the acquirer must give the dealer or police officer a copy of the permit to acquire; and the dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation. Maximum penalty—20 penalty units or 6 months imprisonment. (sec.35-ssec.3) If the acquisition happens through a licensed dealer, the dealer is entitled to a brokerage fee from the acquirer in the amount prescribed under a regulation. (sec.35-ssec.4) The dealer is not entitled to any other payment for brokering the acquisition. (sec.35-ssec.5) If the acquisition happens under other lawful authority, justification or excuse, the acquirer must, unless the acquirer has a reasonable excuse, take immediate action— to comply with this Act; or to surrender the weapon under section 30 (4) or (5) . Maximum penalty for subsection (5) —20 penalty units or 6 months imprisonment. (sec.35-ssec.6) This section does not apply to the acquisition of a weapon, if the acquisition consists only of a person taking possession of the weapon— to repair it; or to store it, if the person is an armourer storing it for someone else; or on a temporary basis for not more than 6 months without giving consideration for the acquisition or for the weapon; or in performing duties as a security guard under a security licence (guard); or under section 52 , 53 , 54 (2) , 55 or 55A . (sec.35-ssec.7) In this section— acquire , a weapon, means purchase, accept or receive or otherwise take possession of the weapon. - (a) the person is a licensed dealer; or - (b) the person is the holder of a permit to acquire the weapon and acquires the weapon— (i) from or through a licensed dealer; or (ii) through a police officer in circumstances prescribed under a regulation; or - (i) from or through a licensed dealer; or - (ii) through a police officer in circumstances prescribed under a regulation; or - (c) the person acquires the weapon under other lawful authority, justification or excuse. - (i) from or through a licensed dealer; or - (ii) through a police officer in circumstances prescribed under a regulation; or - (a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and - (b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and - (c) for a category A, B or M weapon—20 penalty units or 6 months imprisonment. - (a) the acquirer must give the dealer or police officer a copy of the permit to acquire; and - (b) the dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation. - (a) to comply with this Act; or - (b) to surrender the weapon under section 30 (4) or (5) . - (a) to repair it; or - (b) to store it, if the person is an armourer storing it for someone else; or - (c) on a temporary basis for not more than 6 months without giving consideration for the acquisition or for the weapon; or - (d) in performing duties as a security guard under a security licence (guard); or - (e) under section 52 , 53 , 54 (2) , 55 or 55A .