Details of firearm reform in Australia after the 1996 nationwide agreement and the response in Victoria
| Law requirement for each state and territory according to 10 point nationwide agreement | Victorian response to law requirement through Firearms Act 1996 and Firearms (Amendment) Act 1998 |
|---|---|
| • Ban on importation, ownership, sale, resale, transfer, possession, manufacture, or use of all self loading centre rifles, all self loading and pump action shotguns, and all self loading rimfire rifles (some exemptions allowable to primary producers and clay target shooters) | • Continuation of existing ban in Victoria of semiautomatic long guns and pump action shotguns |
| • Compensatory buyback scheme through which firearm owners would be paid the market value for prohibited firearms handed in during a 12 month amnesty | • Longarms buyback scheme in Victoria in conjunction with the national buyback scheme from 29 September 1996 to 30 September 1997 |
| • Registration of all firearms as part of integrated shooter licensing scheme | • Firearm registration had been required from 1984, so Victoria Police now to keep comprehensive list of all firearms in Victoria |
| • Shooter licensing based on requirement to prove “genuine reason” for owning a firearm, including occupational use, demonstrated membership of an authorized target shooting club, or hunting (with proof of permission from a rural landowner) | • Several categories of licensing based on new way of categorising firearms (see below for details). Genuine reasons for applying for licence vary with category for firearm: ‐ Category A or B longarms: sport or target shooting; hunting; primary production; employed as security or prison guard; or accepted official, commercial, or other prescribed purpose ‐ Category C longarms: primary production; professional hunting; clay target shooting; or official, commercial, or other prescribed purpose. Proof that category A or B firearms would not do required job ‐ Category D longarms: professional hunting; accepted official, commercial, or other prescribed purpose. Proof that category A, B, or C firearm would not do required job ‐ Category E: accepted official, commercial, or other prescribed purpose ‐ Handguns: sport or target shooting; employed as security or prison guard; or official, commercial, or other prescribed purpose |
| • Licensing scheme based on five categories of firearms, minimum age of 18 years, and criteria for a “fit and proper person” | • Adherence to new nationally agreed way of categorizing firearms: ‐ Category A: airguns, rimfire rifles, shotguns, or any combination of these other than pump action and semiautomatic types ‐ Category B: muzzle loading firearms, centre fire rifles other than semiautomatic or fully automatic, or any combination of these ‐ Category C: semiautomatic rimfire rifles with a magazine capacity of no more than 10 rounds, semiautomatic shotguns with a magazine capacity of no more than five rounds, pump action shotguns with a magazine capacity of no more than five rounds, or tranquillizer guns ‐ Category D: semiautomatic rimfire rifles with a magazine capacity of more than 10 rounds, semiautomatic shotguns with a magazine capacity of more than five rounds, pump action shotguns with a magazine capacity of more than five rounds, or semiautomatic centre fire rifles ‐ Category E: machine guns, tear gas guns or projectors, shotguns or rifles with a length of less than 75 centimetres parallel to the barrel, cannons, mortars, bazookas, rocket propelled grenades, or similar large calibre military firearms) ‐ Handguns |
| • A clear ban on prohibited persons owning or using firearms including a person serving a term of imprisonment for an indictable offence, assault or drug related offence; a 15 year ban, from completion of the prison term, for a person who has served a term of imprisonment of more than 5 years for any of the above offences; a 5 year ban, from completion of the prison term, for a person who has served a term of imprisonment of less than 5 years for any of the above offences; a 5 year ban on persons subject to a domestic violence intervention order in any Australian State or Territory; a 12 month ban against holding a licence for anyone guilty of an offence against the Firearms Act 1996; and a 12 month ban against holding a licence for anyone guilty of an indictable offence | |
| • New licence applicant required to undertake accredited training course in firearm safety | • To own or use longarms or handguns in Victoria, applicants must be able to show they successfully completed a firearms safety training course approved by Victoria Police |
| • As well as licence to own a firearm, separate permit required for each purchase of a firearm subject to a 28 day waiting period | • When applying for renewal of a firearms licence, owners required to list all firearms owned |
| • When new firearm “acquired” (bought, inherited, received as gift, or ownership in any other way), “permit to acquire” application must be obtained from Firearms Registry. A 28 day waiting period applies on permits | |
| • Uniform and strict firearm storage requirements | • General security requirement: firearms must be carried and used in a manner that is secure and not dangerous, reasonable precautions must be taken against loss or theft, and firearm must not be allowed to be used or carried by person unauthorized to do so |
| • Specific storage requirements for firearm categories: ‐ Category A or B: firearm must be stored in receptacle constructed of hard wood or steel that, if weighs <150 kg when empty, must be fixed to the frame of the floor or wall of premises and must be locked when a firearm stored within ‐ Category C, D, or handgun: firearm must be stored in steel safe that is of a thickness not easily penetrable and that, if weighs <150 kg when empty, must be bolted to the structure of the premises and must be locked when a firearm is stored in it ‐ All categories: ammunition must be stored in a separate locked container | |
| • Firearms sales to be conducted only through licensed firearm dealers and all records of sale to be provided to the police | • All acquisitions and disposal of firearms must be directly with a licensed firearms dealer |
| • Licensed dealers must keep register of all firearm transactions and forward return to Victoria Police of a transaction occurring | |
| • Sale of ammunition only for firearms for which purchaser is licensed and limitations on quantities purchased within time period |