Gun License Act 1885 (WA)

49 VICTORIZE. No. 18

WESTERN AUSTRALIA

ANNO QUADRAGESMO NONO

VICTORIA?, REGINA;

No. 18

An Act to provide for the Licensing of certain Persons

using Guns. [Assented to 24th September, 1885.

Preamble ^XTHEREAS it is expedient to provide for the Licensing of Personsto restrict the issue of such Licenses : Be it therefore enacted by HisVd who shall use or carry for use Guns within certain limits, and Excellency the Governor of Western Australia and its Dependencies,

49 VICTORDE. No. 18

The Gun License Act, 1885

by and with the advice and consent of the Legislative Council thereof,

as follows :—

1. This Act may be cited as ' The Gun License Act, 1885.' Short title

2. In this Act the term gun' includes a firearm of any description, Den ni tion of

and an airgun or any other kind of gun from which any shot, bullet, terms

or other missile can be discharged.

3. It shall not be lawful for any person to use or carry for use a Use of gun with-

gun within the boundaries of any Municipality or within a distance of (19b t itc1/ licenSe pro'

/ n

five miles beyond such boundaries elsewhere than in a dwelling-house or the curtilage thereof, without having in force a license duly granted to him under this Act.

4. No person under the age of sixteen years shall be entitled to Restriction of

obtain a license under this Act. license

5. Every license to be granted under this Act shall be in the form Form and date

contained in the Schedule A hereto, and shall be granted, on payment of li°""°

of the sum of five shillings, by any collector or sub-collector of revenue, Sched A ule

or any other person appointed in that behalf by the Governor, to any person not under the age of sixteen years applying for the same, pro- vided he is not by law prohibited from using or carrying a gun. Pro- vided that if any person applies for a license who in the opinion of the Proviso

collector or sub-collector, or other person appointed as aforesaid, is under the age of sixteen years, it shall be lawful for the collector or sub-collector, or other person appointed as aforesaid, to refuse to grant the applicant a license until he shall have satisfied such collector or sub-collector, or other person appointed as aforesaid, that he is of the age of sixteen years. Every license shall bear date the day on which it is granted, and shall expire on the thirty-first day of December then next ensuing, and no license shall be transferable.

6. Every collector, sub-collector, or other person appointed in that Register of

the form in the Schedule B hereto of all such licenses granted by him, se/rain/Q13

specifying the ehristian and surname, place of residence, and occupa-

tion of every person licensed, and the date of each license ; and any

behalf, who shall grant licenses under this Act, shall keep a register in I licensed under this Act, may at any time inspect such register of licenses.

7. Every person who shall use or carry for use a gun within the Penalty for using

boundaries of any Municipality or within a distance of five miles ,°,,riator„tger,,"

beyond such boundaries elsewhere than in a dwelling-house or the

curtilage thereof, without having in force a license tly granted to

him under this Act, shall be liable to a penalty not exceeding Two

pounds. Provided always, that the said penalty shall not be incurred

by any of the following persons, namely :-

(1) By any person in the naval, military, or volunteer service of Her Majesty, or in the police force, using or carrying for use a gun in the performance of his duty, or when engaged in target practice.

(2) By any honorary member of a volunteer corps using or

carrying for use a gun when engaged in target practice.

49 VICTORllE. No. 13

The Gun License Act, 1885

(3) By the occupier of any lauds using or carrying for use a gun for the purpose only of scaring or of killing birds or vermin, or of firing at a mark or target on such lands, or by any person using or carrying for use a gun for the purpose only of scaring or of killing birds or vermin on any lands by order of the occupier thereof.

(4) By any gunsmith or his servant using or carrying for use a gun by way of testing or regulating its strength or quality in a place specially set apart for the purpose.

In any information for the recovery of the penalty imposed by this section, it shall be sufficient to allege that the defendant used or carried for use a gun within the limits aforesaid without having a license in force under this Act, and it shall lie upon the defendant to prove that he is a person not incurring the penalty, by virtue of the proviso contained in this section.

Where gun 8. When a gun is carried in parts by two or more persons in

carried in parts

company, each and every one of such persons shall be deemed to carry

a gun.

License to be	9. It shall be lawful for any police constable to demand from any
produced on

demand, or	person using or carrying for use a gun (not being a person in the
name and ad-	naval, military, or volunteer service of Her Majesty, or in the police
dress declared,
under penalty	force, using or carrying for use a gun in the performance of his duty,
of Two pounds	or when engaged in target practice, or an honorary member of a volunteer corps using or carrying for use a gun when engaged in target practice) the production of a license granted to such person under this Act.
If the person upon whom the demand is made shall not produce a license duly granted to him under this Act, and permit the constable demanding the production thereof to read the same, it shall be lawful for such constable to-require such person to declare to him immediately his christian and surname and place of residence, and if such person shall refuse to declare his christian and surname and place of residence as aforesaid, he shall for such refusal forfeit and pay a penalty not exceeding Two pounds, over and above any other penalty to which he may be liable under this or any other Act.
And it shall be lawful for such constable to arrest such person so refusing and to convey him before any Justice of the Peace, and such Justice shall upon due proof on oath of the offence, or upon the con- fession of the accused, convict such person as aforesaid.

Summary pro- 10. All offences against this Act shall be summarily punishable

ceedings

upon conviction before a Justice or Justices of the Peace in petty

sessions.

Licenses to be

reported and

11. It shall be the duty of every collector, sub-collector, or other Act to send in a report to the Colonial Secretary of the names, descrip- tions, and places of residence of all persons to whom they shall have issued licenses during the past month, and such names and additions shall be notified in the Government Gazette.'

notified in

person appointed in that behalf as aforesaid issuing licenses under this

' Government

Gazette'

Sidi/lance

Shortening 12. Sections A and C of The Shortening Ordinance, 1853,' are

49 VICTORLE. No. 18

The Gun License Act, 1885

hereby incorporated with this Act and shall be taken to form a part of

this Act.

13. This Act shall come into operation on the fourteenth day of °trauma

January, 1888.

F. NAPIER BROOME,

GOVERNOR.

SCHEDULE A

Form of License

GUN LICENSE

No. District.

Tms is to certify that of in the District of

is hereby licensed, under' The Gun License Aet, 1885,' to use and carry for use a Gun within the boundaries of any municipality, or within a distance of five miles beyond such boundaries, from the date hereof until the day of

18          .

Granted at this day of 18 , by

Tins license expires on the day of next.

SCHEDULE B

Register of Gun Licenses

THE following persons have been duly licensed under The Gun License Act,

1885.'

No. Name in full Residence Occupation Date By whom issued