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Section 51 Firearms Act 1996
Restrictions on Supply of Firearms

Section 51 of the Firearms Act 1996 is Restrictions on Supply of Firearms and is extracted below.

If you are charged with a firearms-related offence, or wish to seek general advice about your rights and responsibilities under the Firearms Act, call Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a conference with a lawyer with vast experience and expertise in representing clients in these matters.

The Legislation

(1) A person (“the supplier” ) must not supply, or knowingly take part in the supply of, a firearm to another person unless:

(a) the other person is authorised to possess the firearm by a licence or permit, and

(b) the following documents have been produced to, and inspected by, the supplier:

(i) the other person’s licence or permit, and

(ii) if the other person is not a licensed firearms dealer–the other person’s permit to acquire the firearm (or the equivalent of any such permit that is issued under the law of another State or Territory in respect of the firearm concerned).

Maximum penalty: imprisonment for 5 years.

(1A) A person (“the supplier” ) must not supply, or knowingly take part in the supply of, a pistol or prohibited firearm to another person unless:

(a) the other person is authorised to possess the pistol or prohibited firearm by a licence or permit, and

(b) the following documents have been produced to, and inspected by, the supplier:

(i) the other person’s licence or permit, and

(ii) if the other person is not a licensed firearms dealer–the other person’s permit to acquire the firearm (or the equivalent of any permit that is issued under the law of another State or Territory in respect of the pistol or prohibited firearm concerned).

Maximum penalty: imprisonment for 20 years.

Note : Reference to a pistol includes a prohibited pistol.

(1B) If the firearm is an imitation firearm, the other person’s permit to acquire the firearm is not required to be produced to and inspected by the supplier under subsection (1) or (1A) (without affecting the requirement that the other person’s licence or permit be produced to and inspected by the supplier).

Note : The holder of a permit authorising the possession or use of an imitation firearm is not required to be authorised by a permit to acquire the imitation firearm. See section 4D.

(2) A person other than a licensed firearms dealer must not supply, or knowingly take part in the supply of, a firearm to a person who is not a licensed firearms dealer unless:

(a) the supply has, in accordance with the regulations, been arranged through a licensed firearms dealer, or

(b) in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available–the supply is witnessed by a police officer authorised by the Commissioner.

Maximum penalty: imprisonment for 5 years.

(2A) A person other than a licensed firearms dealer must not supply, or knowingly take part in the supply of, a pistol or prohibited firearm to a person who is not a licensed firearms dealer unless:

(a) the supply has, in accordance with the regulations, been arranged through a licensed firearms dealer, or

(b) in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available–the supply is witnessed by a police officer authorised by the Commissioner.

Maximum penalty: imprisonment for 20 years.

Note : Reference to a pistol includes a prohibited pistol.

(3) For the purposes of this section, a person
“takes part in” the supply of a firearm if:

(a) the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply, or

(b) the person provides or arranges finance for any step in that process, or

(c) the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.

(4) If on the trial of a person for an offence under subsection (1A) or (2A) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1) or (2), respectively, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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