Firearms Act 2024

A person is in possession of a thing in any of the following circumstances —

the person has actual physical possession of it;

the person has the custody or control of it, whether directly or remotely;

the person has and exercises access to it in a place either alone or in common with others;

the person occupies, or has care, control or management of, a place where it is found;

the person is in charge of a vehicle where it is found.

A person is in possession of firearm technology in any of the circumstances provided for by subsection (1) and in the following circumstances —

the person is in possession (as provided by subsection (1)) of a computer or other data storage device on which the firearm technology is held or contained;

the person controls or accesses the firearm technology by means of a remote computer or web portal (even if the remote computer or web portal is in the control of another person or is outside the State).

A person is not in possession of a thing if —

the person is in possession of the thing solely by reason of circumstances referred to in subsection (1)(d) or (e); and

the thing is in the lawful possession of another person at the time.

If a thing is carried in parts by, or is otherwise in the possession of, 2 or more persons, each of those persons is taken to be in possession of the thing.

If a person is using a firearm under the supervision of a person (the supervisor), both the supervisor and the person using the firearm are in possession of the firearm.