Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 226

Offence—unlawful disposal of firearms

    (1)     A person (the disposer ) must not dispose of or take part in the disposal of a firearm to someone else (the acquirer ) unless—

        (a)     the acquirer and disposer are each authorised by a licence or permit to possess the firearm; and

        (b)     the following documents have been produced to, and inspected by, the disposer:

              (i)     the acquirer's licence or permit;

              (ii)     if the acquirer is not a licensed firearms dealer—

    (A)     the acquirer's permit to acquire the firearm; or

    (B)     a permit (however described) in force under the law of a State or another Territory that authorises the acquisition of the firearm; and

        (c)     if neither the acquirer nor disposer is a licensed firearms dealer—the disposal has been arranged through a licensed firearms dealer as prescribed by regulation.

Maximum penalty:

        (a)     if the firearm is a prohibited firearm—imprisonment for 10 years; or

        (b)     in any other case—imprisonment for 5 years.

    (2)     Subsection (1) does not apply in relation to—

        (a)     the surrender of a firearm to a police officer; or

        (b)     a firearm to be temporarily stored by a licensed firearms dealer for a person who has possession of the firearm because of the death of the individual authorised to possess it; or

Note     See s 237 (Offence—disposal of firearms by unauthorised holders generally).

        (c)     a person who inherits a firearm and disposes of it to a licensed firearms dealer.

Note     See s 238 (Offence—disposal of inherited firearms).

    (3)     In this section:

"takes part"—a person takes part in the disposal of a firearm if the person—

        (a)     takes, or takes part in, a step, or causes a step to be taken, in the process of the disposal; or

        (b)     provides or arranges finance for a step in the process; or

        (c)     provides the premises where a step in the process is taken, or allows a step in the process to be taken at premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.



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