NEW
1.
Is
it a requirement that an ammunition collector in your state/territory be a
member of a cartridge collecting association such as the Australian Cartridge
Collectors Association (ACCA) or the International Ammunition Association (IAA)?
(1)
No,
not at this time.
2.
Which
section of your state/territory Firearms Act refers to collecting, selling,
buying or trading ammunition? (It is likely there is more than one section or
sub-section.)
(2)
Section 9 of the
Firearms Act 1996 authorises the collection of firearms however, the provisions
of section 9(3) expressly excludes from this authority the collection of
ammunition. This must be done by way of a specific ammunition collector’s
permit. Section 9(3) states:
A
firearms collector licence does not authorise the possession of
ammunition for any firearm
Further,
Section 65 of the Firearms Act 1996
relevantly prohibits the sale, purchase and possession of ammunition unless the
person possessing the ammunition is the holder of a licence or permit which
authorises the possession or use of a firearms that takes the ammunition, or
otherwise authorised by a permit to do so. Section 65 relevantly states that:
65
i
A person must not sell ammunition for any firearm unless:
(a) the
purchaser is the holder of a licence or permit for a firearm which takes that
ammunition,
or
(b) the
purchaser is authorised to purchase it by a permit, and the seller has seen the
licence or permit.
ii
A person must not purchase ammunition for any firearm unless the person:
(a) is
the holder of a licence or permit for a firearm which takes that ammunition, or
(b) is
authorised to purchase it by a permit, and the amount of ammunition that is
purchased at any one time does not exceed the amount (if any) prescribed by the
regulations.
iii
A person must not possess ammunition unless the person:
(a) is
the holder of a licence or permit for a firearm which takes that
ammunition,
or
(b) is
authorised to possess it by a permit.
iv
A person is not guilty of an offence under subsection (3) only because of
possessing ammunition that is being conveyed or stored in the ordinary course of
the person’s duties in the business of a carrier or warehouse operator.
Clause
34 of the Firearms Regulation 2006
provides specific requirements for firearms collections, with clause 34(7)(a)
requiring that any
ammunition for any firearm (whether or not forming part of the collection)
must not be kept in the area or room in which the firearms are stored, unless
the ammunition is stored in a separate locked container. Clause 34 relevantly
prescribes as follows:
34
Firearms collections
v
For the purposes of section 20 (e) of the Act, the following standards
are prescribed for the storage of firearms in a firearms collection:
(a) any
ammunition for any firearm
(whether or not forming part of the collection) must not be kept in the area or
room in which the firearms are stored, unless the ammunition is
stored in a separate locked container,
NSW
has a specific permit for persons wishing to collect ammunition. This permit is
authorised by clause 69 of the Firearms
Regulation 2006. Clause 69 relevantly states that:
69
Ammunition collection permit (cf
1997 cl 59)
i The Commissioner may, on application by a person,
issue a permit authorising the person to buy or possess ammunition for the purpose of an ammunition collection.
ii A permit under this clause
authorises the holder to buy and possess ammunition for the purpose of an ammunition collection only.
iii A permit under this clause
is subject to the following conditions:
(a) any ammunition
forming part of the collection must be rendered inert (other than any sporting
or military ammunition of
UN Hazard Classification Code 1.4.S up to 20 mm calibre),
(b) the ammunition must
not contain high explosive, smoke, chemical or lachrymatory properties or
agents,
(c) the ammunition must
be safely stored in accordance with such directions as may be approved.
Please
note that dealers are subject to specific requirements relating to storage of
ammunition. Clause 38 of the Firearms
Regulation 2006 prescribes that:
A licensed firearms
dealer must ensure that any ammunition for
any firearm
that the dealer is authorised to possess under the licence is stored in a
restricted area that is not easily accessible by the public.
3.
Could
you provide me a photocopy of the relevant section/s in your Firearms Act
dealing with collecting, selling, buying, trading or anything else to do with
ammunition? (Or, if your Firearms Act is available on the internet, could you
please provide me the web address?)
(3)
All NSW legislation may be found at:
www.legislation.nsw.gov.au
4. If an
ammunition collector in your state/territory needs information from their
Firearms Registry regarding collecting, selling, buying or trading ammunition,
who is the best person (the most conversant member in your section in that area
of the legislation) they could speak with and their contact number?
(4)
The permits section via toll free number:
1300-362-562
5.
What
is the situation in your state/territory regarding collecting, selling, buying
or trading ammunition in the following situations:
a)
someone
with a Shooters Licence?
b)
someone
with a Firearms Dealers Licence?
c)
someone
who does not have a shooters or dealers licence, they do not own any firearms
and collect ammunition only?
(5) a. Persons
who possess a shooters licence may possess and use ammunition relevant to the
categories of firearms authorised by their licence. Persons wishing to collect
ammunition must obtain an ammunition collectors permit or a purchase and sell
ammunition permit.
b. Persons
who possess a firearms dealer licence may possess ammunition relevant to the
categories of firearms authorised by their licence. Persons wishing to collect
ammunition must obtain an ammunition collectors permit or a purchase and sell
ammunition permit.
c. Persons
wishing to collect ammunition, but not possess or use firearms, must obtain an
ammunition collectors permit or a purchase and sell ammunition permit.
6.
In
the case of (a) above, is the ammunition they can collect, sell, buy or trade
dependent solely on which category of firearms their licence allows? For example
if they are only registered as owning .22LR rimfire firearms, is .22LR rimfire
ammunition the only ammunition they can collect? If this is so, what does a
collector then need to do to ensure they can collect, buy, sell or trade other
ammunition such as shotgun or centrefire cartridges in your state/territory?
(6)
As above, persons cannot collect ammunition as a
firearms licence holder. The licence authorises to possess and use ammunition
for firearms to which their licence relates ONLY. Persons wishing to collect
ammunition, but not possess or use firearms, must obtain a ammunition collectors
permit or a purchase and sell ammunition permit (see email attachments).
7.
Does
your state/territory legislation have any special or unusual requirements for
individuals that collect, sell, buy or trade ammunition?
(7)
The following information forms just part of the
Instructions to Applicants for an Ammunition Collection Permit. I have extracted
some relevant points:
a)
The permit holder is NOT authorised to undertake commercial trade in
ammunition and must ensure that any ammunition that forms part of the collection
is disposed of ONLY to a licensed firearms dealer or the holder of an Ammunition
Collectors permit, or police.
b)
The permit holder is not authorised to collect any ammunition that
contains high explosive, smoke, chemical or lachrymatory properties or agents.
c)
All ammunition forming part of this collection must be rendered inert,
except any sporting or military ammunition of UN Hazard Classification Code 1.4S
in it’s original packaging up to 20mm.
d)
You must specify the storage location of the ammunition.
e)
Provide details of the safe keeping arrangements you have in place to
ensure secure storage of ammunition in your collection.
f)
Provide written acknowledgement that any ammunition, where required, has
been or will be rendered inert (ie ammunition other than any sporting or
military of UN Hazard Classification Code 1.4S up to 20mm calibre).
g)
You must describe the ammunition to be collected.
8.
What
are the storage requirements for ammunition in your state/territory? In other
words, how much security is required?
(8)
All ammunition must be stored in a locked
receptacle other than that containing firearms.
Note:
Firearms collectors must ensure that the ammunition is not stored in the area or
room where the firearms are stored.
9.
Are
any limits imposed on collectors as to what quantity
of ammunition they can collect?
(9)
No.
10.
Are
ammunition components such as bullets, primers, percussion caps, propellant,
empty cartridge cases and so on regarded as ammunition in your state/territory
and therefore subject to the same storage requirements? (ie a requirement they
all be securely locked away)?
(10) Ammunition is defined
in section 4 of the Firearms Act 1996
as:
"ammunition"
includes:
(a) any article consisting of
a cartridge case fitted with a primer and a projectile, or
(b) any article consisting of
a cartridge case fitted with a primer and containing a propelling charge and a
projectile, or
(c) blank cartridges,
airgun pellets, training cartridges or gas cartridges, or
(d) any other article
prescribed by the regulations for the purposes of this definition.
Components
are not separately regulated and until assembled and falling within the
definition of ammunition, the safe storage requirements are not applicable.
11. What are your laws regarding transporting ammunition?
This refers to both transporting it intrastate re security issues, and
transporting it interstate.
(11)
There
are presently no statutory requirements for the transportation, commercial or
non-commercial, of ammunition. Despite this, the Firearms Registry highly
recommends that all ammunition is stored in a locked receptacle, other than that
containing the firearm when transporting ammunition.
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