(1)  If at the time of a person's death the person was in possession of a firearm, a person who as a consequence of that death gains possession of the firearm must, as soon as is reasonably practicable after gaining possession of the firearm –

(a) if it is a registered firearm, deliver it up to –

(i) the Commissioner; or

(ii) a person (in this section referred to as "the keeper" ) who holds a firearms licence of the category appropriate to that firearm; or

(b) if it is an unregistered firearm, surrender it to the Commissioner.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  On receipt of a registered firearm under subsection (1) , the Commissioner or keeper must hold it in safe custody until –

(a) the firearm is lawfully claimed by a person beneficially entitled to it and who is entitled to possess or use it under this Act; or

(b) the Commissioner or keeper is requested –

(i) by a person who is beneficially entitled to the firearm and not entitled to possess or use it under this Act; or

(ii) by a person who is the personal representative or the trustee of the deceased person or, if there is no personal representative or trustee of the deceased person, a person beneficially entitled to part of the proceeds of sale of the firearm –

to deliver the firearm to a licensed firearms dealer nominated by the person referred to in subparagraph (i) or (ii) for sale by the dealer on behalf of the persons beneficially entitled.

(3)  If there is no personal representative or trustee of the deceased person's estate and there is more than one person beneficially entitled to the proceeds of sale, a majority of those persons beneficially entitled may, before the Commissioner or keeper complies with a request under subsection (2) (b) (ii) , requests the Commissioner or keeper to deliver the firearm to a licensed firearms dealer nominated by that majority.

(4)  If the Commissioner or keeper receives a request under subsection (3) , the Commissioner or keeper is to comply with that request within a reasonable time and is to disregard any request received under subsection (2) (b) (ii) .

(5)  Unless the Commissioner or keeper has received a request under subsection (3) , the Commissioner or keeper must, within a reasonable time after receiving a request under subsection (2) (b) , deliver the firearm to the licensed firearms dealer.

(6)  The licensed firearms dealer is to possess the firearm as an agent of the person making the request under subsection (2) (b) or (3) and is entitled to charge the prescribed fee, or, if no fee is prescribed, a reasonable amount, for the dealer's services in acting as agent.

(7)  A person, other than the Commissioner, who takes delivery of a firearm pursuant to subsection (1) must comply with his or her obligations under this section as the keeper of that firearm.

Penalty:  Fine not exceeding 25 penalty units.