THE FIRST STEP TOWARDS PROHIBITION IS REGISTRATION
As of 1 January 2004 The Weapons Act
1990 requires that all Antique
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;
the magazine capacity; and
(vi) the serial number (if any).
(c) the place where the antique handgun is generally
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
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
Section 5 of the Weapons Act
(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
(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
(d) a major component part of a
but does not
(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.
A replica of a gun capable of causing death or injury by discharging a
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
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;
(b) for which ammunition is not
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),
the purposes of prohibiting their discharge on
private land without the owner's consent - s.56(1)
particular conduct involving a weapon in a public
place - s. 57(1)
dangerous conduct with weapons - s. 58
possession or use under the influence of liquor or
a drug - s.59 (1)
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.
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.
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:
- a muzzle loading firearm,
- a cap and ball firearm,
- 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:
- the person's name and address,
- the type, make, calibre, action, magazine capacity and any serial number
of the antique handgun,
- 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.