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FIREARMS ACT 1996 - SECT 177

Offence—unregistered firearms

    (1)     A person must not dispose of or acquire

        (a)     a prohibited firearm that is not registered; or

        (b)     any other firearm that is not registered.

Maximum penalty:

        (a)     for subsection (1) (a)—1000 penalty units, imprisonment for 10 years or both; or

        (b)     for subsection (1) (b)—500 penalty units, imprisonment for 5 years or both.

    (2)     A person must not possess or use—

        (a)     a prohibited firearm that is not registered; or

        (b)     any other firearm that is not registered.

Maximum penalty:

        (a)     for subsection (2) (a)—1 000 penalty units, imprisonment for 10 years or both; or

        (b)     for subsection (2) (b)—500 penalty units, imprisonment for 5 years or both.

    (3)     Subsection (1), to the extent that it creates an offence of disposing of a firearm that is not registered, and subsection (2), to the extent that it creates an offence of possessing a firearm that is not registered, do not apply in relation to the surrender of a firearm to a police officer.

    (4)     Also, subsection (1), to the extent that it creates an offence of acquiring a firearm that is not registered, and subsection (2), to the extent that it creates an offence of possessing a firearm that is not registered, do not apply if—

        (a)     the person is a licensed firearms dealer; and

        (b)     the firearm is registered within the period prescribed by regulation.

    (5)     Also, subsections (1) and (2) do not apply to a person if the person—

        (a)     did not know, and could not reasonably be expected to have known, that the firearm was not registered; and

        (b)     is not the owner of the firearm.



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