Firearms Regulations 2016

Firearms Regulations 2016

10 October 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Firearms Act 1996.

These regulations may be cited as the Firearms Regulations 2016.

These regulations take effect on 25 October 2016.

In these regulations –

Act means the Firearms Act 1996;

captive bolt device means a device designed for use in an abattoir in the humane killing of livestock by means of a retractable bolt;

foam blaster means a toy firearm, including a device known as a NERF gun, or another device that is not an imitation firearm, that – is designed to propel a foam projectile by means of a spring, lever, compressed air or compressed gas; and is not a modified foam blaster;

gel blaster means a toy firearm or another device that is not an imitation firearm, that – is designed to propel hydrated polymer balls or other similar gel-like projectiles by means of compressed air or compressed gas; and is not a modified gel blaster;

line thrower means a device designed to be used for throwing lines in a life-saving or distress-signalling situation;

modified, in relation to a foam blaster, gel blaster or toy firearm, means the blaster or toy firearm has been modified so as to be capable of propelling a projectile in a manner that could cause bodily harm to a person;

nail gun means a tool designed to discharge a nail, spike or other fastener by means of compressed air or carbon dioxide;

net thrower means a device designed to throw a net for the purpose of catching animals, but does not include a device operated by the use of blank ammunition;

phaser means a device that – is fitted with a transmitter or receiver of infrared electromagnetic waves; and cannot easily be modified to fire a projectile;

For paragraph (f) of the definition of firearm in section 3 of the Act, each of the following is a prescribed thing:

a grenade launcher;

a mortar that is capable of being carried manually by a single person;

a modified foam blaster, gel blaster or toy firearm.

For the purposes of the definition of firearm in section 3 of the Act, the following devices are declared not to be firearms:

a captive bolt device;

a foam blaster;

a gel blaster;

a line thrower;

a nail gun;

a net thrower;

a phaser.

For the definitions of interim restraint order and restraint order in section 3 of the Act, each of the following is a place:

Australian Capital Territory;

New South Wales;

Northern Territory;

Queensland;

South Australia;

Victoria;

Western Australia.

For the definition of prohibited pistol in section 3 of the Act, each of the following is a prohibited pistol:

a pistol that has a calibre exceeding .38 inches;

a semi-automatic pistol that has a barrel length of less than 120 millimetres;

a revolver that has a barrel length of less than 100 millimetres;

a single-shot pistol that has a barrel length of less than 100 millimetres;

a pistol that has a magazine with a capacity of more than 10 rounds.

For paragraph (f) of the definition of firearm in section 3 of the Act, a stun gun is a prescribed thing.

In this regulation – stun gun means a hand-held device, such as the weapon commonly known as a TASER, that is designed or adapted to administer, either through direct contact or indirectly through something conductive fired from the device, an electric shock to a human being for the purpose of dazing, disorienting, incapacitating, subduing or injuring that human being.

For paragraph (e) of the definition of ammunition in section 3 of the Act, a seal control cap is a prescribed article.

In this regulation – seal control cap means a projectile that – has a percussion cap; and is loaded with powder; and is designed to ignite and burst apart upon impact.

The holder of a firearms licence must ensure that any firearm or firearm part that is not being used, maintained or conveyed is stored in a receptacle that –

is locked; and is not easily penetrable; and is – made of concrete; or in the case of the storage of a Category A or Category B firearm, or any firearm part for such a firearm, made of metal that is at least 2mm thick; or in the case of the storage of a Category C, Category D or Category H firearm, or any firearm part for such a firearm, made of metal that is at least 3mm thick; and has an internal locking mechanism; and has – an internal hinging mechanism; or a mechanism which would prevent the door of the receptacle from opening when the door is locked and the hinges are removed; and in the case of a receptacle that weighs less than 150kg when empty, is fixed by means of internal masonry fixing bolts or coach screws – in a manner that prevents easy removal; and at least – twice to a wall and at least twice to the floor; or 4 times to a wall or the floor.

The holder of a firearms licence must ensure that ammunition that is not being used or conveyed is stored –

in a receptacle that – is locked; and is separate from, or comprises a separate compartment of, any receptacle in which a firearm is stored; and cannot be opened by the same key as a receptacle in which a firearm is stored; or in a manner approved by the Commissioner.