Private sale of ammunition Interstate

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  • Private sale of ammunition Interstate

    G'day everyone,

    This is a curly one, I've scoured the NSW and VIC police websites and can't seem to find an answer.

    Let's say I live in NSW and have a big ol' crate of Russian ammo, and I want to sell half of it to a person in NSW. That would seem to be covered by section 65 of the firearms act:

    (1) A person must not sell ammunition for any firearm unless:
    (a) the purchaser is the holder of a licence or permit for a firearm which takes that ammunition, or
    (b) the purchaser is authorised to purchase it by a permit,
    and the seller has seen the licence or permit.
    Note. Section 65A imposes additional requirements for sales of ammunition by licensed firearms dealers.
    (2) A person must not purchase ammunition for any firearm unless the person:
    (a) is the holder of a licence or permit for a firearm which takes that ammunition, or
    (b) is authorised to purchase it by a permit,
    and the amount of ammunition that is purchased at any one time does not exceed the amount (if any) prescribed by the regulations.
    As I read it, that means a private firearms owner can sell ammo to another owner. This is what I was told when I did my safety course a few years ago, however since then I've heard a lot of information and misinformation about selling ammo, so I'm not sure what's legal anymore! :S
    The only mention I can see of selling ammunition on the NSW FAR site regards dealers selling and storing ammunition, and the requirements for people buying form a dealer, section 65A of the act. There is no mention of section 65 with regard to private sales...

    Now comes the really tricky bit:
    If I was to travel to Victoria (I'm driving to Melbourne in December) and I was to sell ammunition to a Victorian firearms license holder, would I be breaking any laws? It seems that VICPOL's LRD website is just as vague as the NSW FAR site, the only mention I can see regarding ammunition sales pertains to dealers or collectors.

    I'm going to email NSW FAR and VIC LRD with these questions on Monday.

    Any help here would be appreciated.

    Cheers,
    Alex

  • #2
    You've got a big ol' crate of Russian ammo you wanna offload, Asheep?

    haha just kidding (kind of) lol


    Yeah its true the laws/goalposts shift every now and then and things appear not to be updated (or at least codified) on Govt websites...which is difficult as the onus is meant to be on LAFOs to know and keep abreast of the laws and abide by them. Ringing FAR on Monday mate, as you're intending, best idea. Possibly even in writing via reply email so you have something you can print off - emails seem to be answered by the specific dept involved, and not just one of the answer-desk workers (even though I've found them pretty good in the past).

    Comment


    • #3
      The problems I've seen from NSW FAR is the literal interpretation of what licence or permit authorises the purchase and sale of ammunition (dealer and permit to buy and sell ammunition). I point out to staff at FAR that S65 is the part of the Act that confers the authority for all licence and permit holder to buy or sell ammunition privately for the category of firearms stated on their licence. The silence was deafening.

      S65 is very clear. It is called Sale, purchase and possession of ammunition for a reason. For Victoria, the possession of ammunition is covered in S124 and disposal (selling, barter, gift) is covered in S125.

      Firearms Act 1996 - SECT 124

      124. Possession of cartridge ammunition

      (1) A person must not possess cartridge ammunition unless that person-

      (a) is the holder of a licence under this Act or a permit under section
      58A; or

      (b) is the holder of a licence to keep explosives for sale and to sell
      explosives issued under the Dangerous Goods Act 1985; or

      (c) is not required to have a licence under this Act in order to possess a
      firearm.

      Penalty: 40 penalty units.

      (2) The holder of a licence under this Act (other than a firearms ammunition
      collectors licence), must not possess cartridge ammunition which is not
      suitable for use in the category of firearms that that person is authorised to
      possess, carry or use under the licence.

      Penalty: 10 penalty units.

      (3) A person who is not required to have a licence under this Act in order to
      possess, carry or use a firearm must not possess cartridge ammunition which is
      not suitable for use in the category of firearms that that person may possess,
      carry or use without having to obtain a licence.


      Firearms Act 1996 - SECT 125

      Disposal of cartridge ammunition to unauthorised persons
      125. Disposal of cartridge ammunition to unauthorised persons

      A person must not dispose of cartridge ammunition to another person unless the
      person to whom the cartridge ammunition is disposed of-

      (a) produces a licence under this Act to possess, carry or use a firearm,
      and the cartridge ammunition is suitable for use in a firearm that
      that person is authorised to possess, carry or use under that licence;
      or

      (b) produces a licence to keep explosives for sale and to sell explosives
      under the Dangerous Goods Act 1985 and the cartridge ammunition is
      cartridge ammunition that that person is authorised to keep for sale
      and sell under that licence; or

      (c) produces evidence that he or she is not required to have a licence
      under this Act in order to possess, carry or use a firearm of the type
      the cartridge ammunition is suitable for.

      Penalty: 60 penalty units or 12 months imprisonment.

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