Licensing & security

Legislation summary - New South Wales

1. Licensing requirements
Section 12 of the New South Wales Firearms Act 1996 sets out a comprehensive table detailing the "Genuine reasons for having a license". Included are the following:

• Sport/target shooting
• Recreational hunting/vermin control
• Primary production
• Vertebrate pest animal control
• Business or employment
• Occupational requirements relating to rural purposes
• Animal welfare
• Firearms collection

Under the conditions layed down in the table, a licence applicant whose genuine reason is sport or target shooting must be a current member of an approved target shooting club which is affiliated with one of the shooting organisations prescribed under Clause 78 of the regulations. Anyone seeking to licence a firearm for recreational hunting or vermin control must be a member of an approved hunting club or provide proof that they have the permission of an owner or occupier of land or the National Parks and Wildlife Service, the Department of Land and Water Conservation, the Forestry Commission or other authority prescribed in the regulations.

Members of pistol clubs are required to participate a minimum of six times per year. Members of rifle and shotgun target shooting clubs are required to participate a minimum of four times per year. Hunting club members must participate at least twice per year.

Anyone seeking a Collectors license must be a member of collectors club or society. Collectors must attend at least one meeting every 12 months.

A 28 day waiting period applies to the issuing of all licenses/permits.

Under Clause 96 of the regulations all new licensees in NSW are required to complete a safety training course - "(a) conducted by or on behalf of the Firearms Safety Awareness Council, (b) for pistols - approved courses that are conducted by or on behalf of an approved pistol club."

2. Storage requirements
Section 39 of the Act requires that a person who possesses a firearm shall take all reasonable precautions to ensure - "its safe keeping, and that it is not stolen or lost and that it does not come into the possession of a person who is not authorised to possess the firearm." Under Sections 40 and 41 of the Act, category A and B firearms must be stored in a locked receptacle of a type approved by the Commissioner. If the receptacle weighs less than 150kg when empty it must be fixed in position in order to prevent its easy removal. Category C, D and H firearms must be held in a receptacle of a type approved by the Commissioner which is bolted to the structure of the premises. All ammunition must be stored in a separate locked container approved by the Commissioner.

Under Clause 101 of the regulations, 'prohibited firearms' (category C and D) and all handguns, must be unloaded and carried separately from any ammunition when being transported. The Commissioner recommends that the bolt or firing mechanism be removed or be fitted with a restraining device such as a trigger lock. They must be carried in a locked container secured to the vehicle.

3. Hunting
Hunting is only permitted on private property or crown land where permission has been given in writing.

4. Moving between states
Section 26 of the Act, provides for temporary recognition of interstate licenses for the purposes of participating - "in a shooting competition approved by the Commissioner (or for such other purposes as may be prescribed by the regulations. This includes hunting where one has written permission)." The licensee must hold a corresponding license in their home state for the particular category of firearm - A,B or H. License holders who move to NSW permanently must notify the Commissioner in writing of their intention. In which case their out-of-state license for category A and B firearms is valid of three months. In the case of category C, D and H firearms the period is 7 days.

5. Juniors
Under Section 32 of the Act, NSW issues two types of minor's permit; a 'Minor's firearm training permit' and a 'Minor's target pistol permit'. The holder must be at least 12 years of age and demonstrate that they have the written permission of a parent or guardian and have received safety instruction in accordance with the regulations. A 'Minor's firearm training permit' authorises the holder to use a firearm of a specific category when receiving safety training under the supervision of a licensee who holds a permit for a similar category. A 'Minor's target pistol permit' allows the holder to receive safety training and participate in such events "as are approved by the Commissioner" under the supervision of a person who holds a license for a category H firearm. Minor's permits expire on the holder's 18th birthday.

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