Victorian Current Acts

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FIREARMS ACT 1996 - SECT 102

Offence to acquire a firearm without a permit

    (1)     A person must not acquire a category A or B longarm unless that person has a permit to acquire that firearm.

Penalty:     60 penalty units or 12 months imprisonment.

S. 102(1A) inserted by No. 78/2005 s. 43.

    (1A)     A person must not acquire a paintball marker unless that person has a permit to acquire that firearm.

Penalty:     60 penalty units or 12 months imprisonment.

S. 102(2) amended by No. 28/2003 s. 45(1).

    (2)     A person must not acquire a category C or D longarm unless that person has a permit to acquire that firearm.

Penalty:     120 penalty units or 2 years imprisonment.

S. 102(2A) inserted by No. 28/2003 s. 45(2).

    (2A)     A person must not acquire a general category handgun unless that person has a permit to acquire that handgun.

Penalty:     600 penalty units or 5 years imprisonment.

    (3)     A person must not acquire a category E longarm unless that person has a permit to acquire that firearm.

Penalty:     240 penalty units or 4 years imprisonment.

S. 102(3A) inserted by No. 28/2003 s. 45(3).

    (3A)     A person must not acquire a category E handgun unless that person has a permit to acquire that handgun.

Penalty:     1200 penalty units or 10 years imprisonment.

S. 102(4) amended by No. 28/2003 s. 45(4).

    (4)     Subsections (1), (2), (2A), (3) and (3A) do not apply to a person who is a licensed firearm dealer.

S. 102(4A) inserted by No. 55/2009 s. 17, amended by No. 82/2012 ss 96(1), 309.

    (4A)     Subsections (1), (2) and (2A) do not apply to a senior IBAC Officer who is authorised under section 109 of the Independent Broad-based Anti-corruption Commission Act 2011 to acquire or dispose of firearms.

S. 102(5) inserted by No. 84/1997 s. 45.

    (5)     Subsection (1) does not apply to a person—

        (a)     who is the holder of an inter-State permit to acquire a category A or B longarm which has been issued not more than 28 days before the acquisition of the longarm; and

        (b)     who is acquiring a category A or B longarm in accordance with the permit; and

        (c)     who, in order to acquire the longarm, personally attends at the premises where the dealer—

              (i)     from whom the longarm is being acquired; or

              (ii)     who is acting as agent in the transaction—

(as the case requires) carries on business.

S. 102(6) inserted by No. 84/1997 s. 45.

    (6)     Subsection (2) does not apply to a person—

S. 102(6)(a) amended by No. 28/2003 s. 45(5).

        (a)     who is the holder of an inter-State permit to acquire a category C longarm which has been issued not more than 28 days before the acquisition of the firearm; and

S. 102(6)(b) amended by No. 28/2003 s. 45(5).

        (b)     who is acquiring a category C longarm in accordance with the permit; and

        (c)     who, in order to acquire the firearm, personally attends at the premises where the dealer—

              (i)     from whom the firearm is being acquired; or

              (ii)     who is acting as agent in the transaction—

(as the case requires) carries on business.

S. 102(7) inserted by No. 28/2003 s. 45(6).

    (7)     Subsection (2A) does not apply to a person—

        (a)     who is the holder of an inter-State permit to acquire a general category handgun which has been issued not more than 28 days before the acquisition of the firearm; and

        (b)     who is acquiring a general category handgun in accordance with the permit; and

        (c)     who, in order to acquire the firearm, personally attends at the premises where the dealer—

              (i)     from whom the firearm is being acquired; or

              (ii)     who is acting as agent in the transaction—

(as the case requires) carries on business.



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