sec.154BGrant of standing exemption by commissioner

sec.154B Grant of standing exemption by commissioner

The commissioner may grant an exemption— from the application of section 35 (1) (b) of the Act to the extent that section requires a person to hold a permit to acquire a firearm; and that applies generally to persons in the circumstances mentioned in subsection (2) . The circumstances are— the person (the licensee ) possesses a firearm (the old firearm ) under a licence; and the licensee is the registered owner of the old firearm; and the licensee either— swaps the old firearm for a new firearm; or replaces the old firearm, under a warranty (however called) by the manufacturer of the old firearm, with a new firearm; and an oral, written, statutory or implied warranty the licensee may possess the new firearm under the licence; and the new firearm— is of the same category of weapon as the old firearm; and has the same action and cartridge as the old firearm; and has the same calibre as the calibre, recorded in the firearms register, of the old firearm; and the licensee will not, as a result of the swap, add to the number of firearms held under the licence. The exemption must be granted by written notice and published on the QPS website. For subsection (2) (c) (ii) , there does not need to be a contract or other arrangement between the licensee and the manufacturer in relation to the warranty, but the licensee must, under the warranty, replace the old firearm with the new firearm. s 154B ins 2017 SL No. 117 s 13 (sec.154B-ssec.1) The commissioner may grant an exemption— from the application of section 35 (1) (b) of the Act to the extent that section requires a person to hold a permit to acquire a firearm; and that applies generally to persons in the circumstances mentioned in subsection (2) . (sec.154B-ssec.2) The circumstances are— the person (the licensee ) possesses a firearm (the old firearm ) under a licence; and the licensee is the registered owner of the old firearm; and the licensee either— swaps the old firearm for a new firearm; or replaces the old firearm, under a warranty (however called) by the manufacturer of the old firearm, with a new firearm; and an oral, written, statutory or implied warranty the licensee may possess the new firearm under the licence; and the new firearm— is of the same category of weapon as the old firearm; and has the same action and cartridge as the old firearm; and has the same calibre as the calibre, recorded in the firearms register, of the old firearm; and the licensee will not, as a result of the swap, add to the number of firearms held under the licence. (sec.154B-ssec.3) The exemption must be granted by written notice and published on the QPS website. (sec.154B-ssec.4) For subsection (2) (c) (ii) , there does not need to be a contract or other arrangement between the licensee and the manufacturer in relation to the warranty, but the licensee must, under the warranty, replace the old firearm with the new firearm.