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FIREARMS ACT 1996 - SECT 10

Reasons for applying for longarm licence, category A or B

    (1)     The Chief Commissioner must not issue a longarm licence for category A or B longarms unless the applicant can demonstrate that the licence is required for one or more of the following reasons—

        (a)     for sport or target shooting;

        (b)     for hunting;

        (c)     for primary production;

        (d)     for the occupation of security guard or prison guard;

S. 10(1)(e) amended by No. 22/1998 s. 5(1).

        (e)     for an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations.

    (2)     For the purpose of demonstrating that the licence is required for—

        (a)     sport or target shooting—

              (i)     the applicant must be a member of a shooting club or shooting organisation which is approved by the Chief Commissioner; and

S. 10(2)(a)(ii) amended by No. 22/1998 s. 5(2)(a), substituted by No. 78/2005 s. 8(1).

              (ii)     the applicant must engage in sport or target shooting only at a place which is authorised by or under this Act as a place at which sport or target shooting using category A or B longarms may take place;

        (b)     hunting, the applicant must—

              (i)     produce written evidence that the applicant owns, occupies or manages the land on which he or she intends to hunt; or

S. 10(2)(b)(ia) inserted by No. 78/2005 s. 8(2).

        (ia)     the applicant must be a member of a shooting club or shooting organisation which is approved by the Chief Commissioner; or

              (ii)     produce written evidence from the owner or manager of any privately owned land on which he or she intends to hunt that he or she may be permitted from time to time to use that land for the purposes of hunting; or

              (iii)     if the applicant is the holder of a game licence issued under the Wildlife Act 1975 , produce the licence; or

S. 10(2)(b)(iv) amended by No. 22/1998 s. 5(2)(b).

              (iv)     produce written evidence that he or she is from time to time formally employed, engaged or contracted to shoot pest animals or take game; or

S. 10(2)(b)(v) inserted by No. 22/1998 s. 5(2)(b).

              (v)     produce written permission to hunt pest animals on Crown land, from the Secretary to the Department of Natural Resources and Environment or from any person nominated by the Secretary to give that permission;

        (c)     primary production, the applicant must produce evidence that he or she is regularly engaged in the business of primary production as an owner, lessee or manager of land used for the primary production or is a person employed for the purposes of such a business;

        (d)     the occupation of security or prison guard, the applicant must—

S. 10(2)(d)(i) amended by Nos 33/2004 s. 207, 50/2007 s. 5(a).

              (i)     hold a licence under the Private Security Act 2004 that authorises him or her to perform armed guard activities or cash-in-transit activities or be a prison officer, a contractor or a sub-contractor within the meaning of the Corrections Act 1986 or an employee of such a contractor or sub-contractor; and

S. 10(2)(d)(ii) amended by No. 50/2007 s. 5(b).

              (ii)     produce evidence that the applicant has a genuine need for the licence because the duties he or she performs as a security guard, prison officer, contractor, sub-contractor or employee are such as to require the carriage or use of a category A or B longarm;

S. 10(2)(e) substituted by No. 22/1998 s. 5(2)(c).

        (e)     for a purpose specified in subsection (1)(e), the applicant must produce evidence that the licence is required for that purpose.

    (3)     The Chief Commissioner may approve any shooting club or shooting organisation for the purposes of subsection (2).

S. 10(4) inserted by No. 22/1998 s. 5(3).

    (4)     A non-prohibited person who has made an application to the Chief Commissioner for an approval under subsection (3) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time.

S. 10(5) inserted by No. 22/1998 s. 5(3).

    (5)     The Chief Commissioner may—

        (a)     impose conditions on any approval under subsection (3); and

        (b)     after notifying the holder of the approval, alter any such condition.



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