Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 10

Meaning of possession

    (1)     For this Act, a person has possession of a firearm if the person—

        (a)     has the firearm on his or her person, including in something carried or worn by the person ( physical possession ); or

        (b)     has the firearm at premises owned, leased or occupied by the person; or

        (c)     otherwise has the care, control or management of the firearm.

Example— possession

Simon buys a firearm illegally. He hands it to Penny to look after it for him while he appears in court. Simon still has the care, control or management of the firearm and so has possession of the firearm. Penny holds the firearm and also has possession of the firearm.

Note     Premises includes vehicles (see dict).

    (2)     Also, for this Act, a person has possession of a firearm if—

        (a)     part of the firearm is in the person's possession; and

        (b)     other parts of the firearm are in the possession of 1 or more other people; and

        (c)     at least 1 of the other people is in possession of the other part or parts for an agreed purpose with the person; and

        (d)     the parts would make up the firearm if fitted together.



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