THE FIRST STEP TOWARDS PROHIBITION IS REGISTRATION

NOTICE

As of 1 January 2004 The Weapons Act
 1990 requires that all Antique Handguns in
 Queensland are to be registered.

Possession of Antique Handgun/s

 

A person who possesses or acquires an antique handgun must within 14 days of acquiring the weapon forward to the Authorised Officer, Weapons Licensing Branch, the following information:

(a) the person's name and address;

(b) the details of the Antique Handgun, including

(i) the type;

(ii) the make;

(iii) the caliber;

(iv) the action;

(v) the magazine capacity; and

(vi) the serial number (if any).

(c) the place where the antique handgun is generally kept.

 

Authorised Officer

Weapons Licensing Branch
 GPO Box 892
 Brisbane QLD 4001

 

 

 

This notice was forwarded to ACGQ as organizers of an Arms Fair, together with the 'request' to display and distribute it.

 

It is issued by virtue of Regulation 68F (verify)

 

It represents another calculated extension of power by the WLB - Note that the Notice says ALL antique handguns.

 

What happened to the exemption of flintlocks and matchlocks?

 

 

 

 

Section 5 of the Weapons Act

 

“firearm” means—

(a) a gun or other thing ordinarily described as a firearm; or

(b) a thing ordinarily described as a weapon that, if used in the way for which it was designed or adapted, is capable of being aimed at a target and causing death or injury by discharging—

(i) a projectile; or

(ii) noxious, corrosive or irritant liquid, powder, gas, chemical or other substance; or

(c) a thing that would be a firearm mentioned in paragraph (a) or (b), if it were not temporarily inoperable or incomplete; or

(d) a major component part of a firearm;

but does not include—

(e) an antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow or crossbow; or

(f) a replica of a spear gun, longbow or crossbow; or

(g) a slingshot.
 

Example—
A replica of a gun capable of causing death or injury by discharging a projectile is
a firearm. However, a replica of a gun not capable of causing death or injury by discharging a projectile is not a firearm.

FROM THIS: An antique firearm is not a firearm

 

“antique firearm” means a firearm manufactured before 1900—

(a) that is—

(i) a muzzle loading firearm; or

(ii) a cap and ball firearm; or

(ii) a firearm of a type approved as an antique firearm by an authorised officer;

or

(b) for which ammunition is not commercially available

 

FROM THIS: An item is not a firearm if it is of a specified or approved type manufactured before 1900,  or if it is of other type  manufactured before 1900 for which there is no ammunition commercially available.

 

May an antique firearm item still be a weapon? Yes, for the purposes of the 'misconduct' sections (eg ss 56,57,58 & 59).

 

 

 

 

A weapon does not include an antique firearm (Definition of "Weapon" Section 5),

(except for the purposes of prohibiting their discharge on private land without the owner's consent - s.56(1)

(except for particular conduct involving a weapon in a public place - s. 57(1)

(except for dangerous conduct with weapons - s. 58

(except for possession or use under the influence of liquor or a drug - s.59 (1)

 

 

WHAT ABOUT REGISTERING?

 

Pursuant to S.49, the register which the Commissioner is required to maintain is a "Firearms register."  This register is to contain specific information for a firearm.

 

But haven't we just established that an antique firearm is not a firearm?

 

 

The word antique appears ten times in the Weapons Act.

 

 

 

 

 

PROVIDE EVIDENCE OF DATE OF MANUFACTURE

 

YOU ARE REQUIRED TO PROVIDE SUPPORTING EVIDENCE THAT AMMUNITION IS NOT COMMERCIALLY AVAILABLE - PROVE A NEGATIVE -

 

THE INFO SHEET IS SUPPLIED TO HELP YOU DETERMINE WHAT IS CARTRIDGE AMMUNITION AND IF IT IS COMMERCIALLY AVAILABLE - IT CANNOT BE AN ANTIQUE

 

YOU MUST THEN APPLY FOR A

 

EXPLOSIVES ACT 1999 PROVIDES THE DEFINITION OF AMMUNITION

EXPLOSIVES REGULATIONS 2003

 

 

The WLB VIEW (A)

What is an antique firearm?

An antique firearm is one manufactured before 1 January 1901 that is either; muzzle loading; or cap and ball; or a type approved as an antique by an authorised officer; or for which ammunition is not commercially available. Antiques are not required to be licenced however must be registered with the Weapons Licensing Branch within 14 days of acquisition.

Source: QP Website
 

 

The WLB VIEW (B)

Antique Handguns - Licensing and Procedures

The following procedures have been introduced to meet the changes to legislation in relation to Pre-percussion and Antique Handguns.

Pre-percussion Handgun:

A pre-percussion handgun includes all antique firearms less than 75 cm in length that is a muzzle loading firearm activated by a fuse, matchlock, wheel lock, snaphaunce, flintlock or miquelet lock.

The legislation affecting pre-percussion handguns has not changed.

All pre-percussion handguns do not require licensing or registration.

Antique Handgun:

An antique handgun includes all firearms less than 75 cm in length, other than a pre-percussion handgun, manufactured before 1 January 1901 that is one of the following:
  1. a muzzle loading firearm,
  2. a cap and ball firearm,
  3. an approved firearm where ammunition is not commercially available.

THIS WLA TREATMENT ESTABLISHES THREE SUB-TYPES OF ANTIQUE FIREARMS, WHICH WE SHALL CALL A, B & C. IN OUR VIEW, THE WLA CLASSIFICATION IS NOT IN ACCORDANCE WITH THE LEGISLATION WHICH ESTABLISHES ONLY TWO TYPES - A(i)or A(ii)or A(iii) and B.

All antique handguns are required to be registered.

Any person in possession is not required to be licensed however these firearms may be registered to a collector's licence.

Antique Handgun Registration Procedures

A person who possesses or acquires an antique handgun must give written notice to the Weapons Licensing Branch, within 14 days of acquiring the handgun, with the following information:

  1. the person's name and address,
  2. the type, make, calibre, action, magazine capacity and any serial number of the antique handgun,
  3. the place where the antique handgun is generally kept.

This does not apply to where a person has taken possession of the handgun to repair it, or to store it, if the person is an armourer storing it for someone else, or on a temporary basis for not more than 3 months without giving consideration for the acquisition or for the handgun.

Aquire an antique handgun means purchase, accept or receive or otherwise take possession of the handgun.

There are no fees payable for this transaction.

This notice is to be forwarded to the Authorised Officer, Weapons Licensing Branch, GPO Box 892, Brisbane Qld 4001.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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