Pistol License Act 1927 (NSW)
| Pistol License Act. | ] 3 i |
PISTOL UCENSE ACT.
Act No. 10, 1927.
An Act to regulate and license the use, carriage, George V
| pcssession, and sale of p is to ls ; to repeal the | to. |
| Gun License Act, 1920 ; and for purposes connected therew ith. [Assented to, 11th Lebruarv, 1927.] |
“|7)L it enacted hy the Xing’s Most Excellent Majesty, IT hy and -with the advice and consent of the Legis
lative Council and Legislative Assemhly of Xew South 'Wales in Parliament assenihlcd, and hy the authority of the same, as follows :—
| 1. (1) This Act may he cited as the “ Pistol License short title | and com- |
| Act, 1927.” | * | ■ |
incnccmciit.
| (2) | This Act sliall commence on a day to he |
appointed hy tlie Governor and notified hy proclamation
])uhlishcd in the Gazette.
2. (I) 't he G un License Act, 1920, is herehy repealed, pepoaiof Aet
|
force at tlic commencement of this Act in so far as they relate to pistols and arc not inconsistent with this Act, shall he deemed to continue in force until repealed hy regulations made under this Act.
3. In this Act, unless the context or suhject-mattcr inteipre-
| otherwise indicates or requires,— | tat ion. |
“ Pistol ” means any lethal weapon from wliich any
shot, hullct, or otlicr missile can he discharged, and of wliich the length of barrel, not including any revolving detachahlo or magazine hreech, does not exceed nine inches, hut docs not include a toy pistol or an antique pistol which is kept or sold as a curiosity or ornament.
“ Pistol
132 Pistol License Act.
| George V, | Pistol dealer ” means a person vrlio by way of trade or business manufactures, sells, or repairs pistols or ex]X)scs or bas in bis possession pistols for sale or repair. |
| No. 10. | |
| Prescribed” means prescribed by this Act or by any regulation made thereunder. | |
| License for |
| purchasing, | 4. (1) A person shall not purchase, carry, or have in |
| using, | his ])ossession any pistol unless he holds a license^ |
| ^ êssin’g’a | (Itereinaftcr called a “ pistol license ”) issued under this |
| pistol. | Act and in force at t h e time. |
| (2) A separate pistol license sliall be taken out in respect of each such pistol, and such license shall not be transferable. | |
| (3) (a) Any person tvlio has in his possession any pistol without a pistol license for such ]>istol shall be liable to a penalty not exceeding lifty pounds. | |
| (b) Any person who uses or carries any pistol without a jiistol license for such pistol shall if such olfence be committed aftc'r the hoisr of seven o’clock in the mornin" and before the hour of seven o’clock in the evening be liable to a penalty not exceeding one hundred pounds, and shall if the olfence be committed after the hour of seven in the (wening and before the hour of seven in tlie morning lie liable in addition to the said penalty to imprisonment for a term not exceeding six months. |
(c) This section shall not apply to—
(i) any person in the naval, military, or air service of His iMajesty, or in the police force, or to a member of a rilleelub in respect of his possessioia of any ])istol jiieseribed for the use of such service, force, or club, or used or carried in the performance of his duty or when engaged in or proceeding to or from drill or target practice; or
(ii) any pistol dealer or his servant who has in his possession or carries a pistol in the ordinary course of the trade or business of a pistol dealer or who uses a pistol by way of testing or regulating its strength or quality in a place specially set apart for such purpose; or
(hi)
| Pistol License Act. | 133 |
(iii) any common carrier or Avarcliouseman or liis George Y,
|
])istol in the ordinary course of tlie trade or husincss of a common carricror warehouseman ;
or
(iv) any ])crson wlio uses a pistol in respect of wliicli a license is held hy tin; owner for the purp(!se of shooting’ at a shooting gallery
Avhi(di is under the personal supeiwision of a
rcsponsihle person in charge thereof; or
(v) any person Avho has in liis j>ossession a pistol acquired and held as a trophy.
| (d) | Upon tlie hearing of any information for |
any hrcach of any of the provisions contained in tliis section the person conqdained against shall he required to prove that he is the folder of a pistol license duly issued under this Act or that he is a jicrson to Avhoiu this section docs not apply upon any of the grounds set out in paragra[)h (c) of this suhsection.
5. (1) Applications for licenses under this Act, or Appiicanon
the renewal of such licenses, shall he made to the officer p̂ iiionser''̂
of police in charge of the police station in or nearest to
the place Avliere tiie applicant usually resides.
(2) Snell officer of police may, if lie is satisfied that the applicant is a person rvlio has a good reason for requiring the license applied for and can he permitted to have in his possession, use, and carry a pistol Avithout any danger to the ])uhlic safety or to the peace, issue such license in the form prescribed therefor.
A’o pistol license shall he issued to a person under the age of eighteen years.
(3) "Where the pistol in respect of Avdiich a license is required is to he purchased, used, carried, or kept hy the proprietor, manager, or other employee of any hank, linancial institution, or business for the sole purpose of protecting property of or in the possession of such bank, institution, or business, either on the premises of such hank, institution, or husincss, or during the conveyance of property to or from such pn'miscs, the license may he issued in the name of t!ie proprietor, manager, or other employee of such hank, institution, or business, and the pistol in respect of Avhich such license is issued may he
purchased,
134 Pistol License Act.
George V, purcliased, used, carried, or kept by any other employee
| No. 10. | of such hank, institution, or business for such purpose, notwithstanding that tlie name of such other employee does not appear on the license. |
| (4) The fee payable upon the issue of any pistol license and upon each renewal thereof shall he the sum of ten shillings. | |
| (5) Where the license is issued to a special con stable in respect of a pistol used or carried in the per formance of his duty no license fee shall he payable. |
Appeal if
| application | 6. Any applicant aggrieved hy a refusal of an officer |
| refused. | in charge of a police station to issue any such license may appeal from such refusal to tlie court of petty sessions in or nearest to the place where the applicant resides, and the decision of such court shall he final and binding upon the applicant and upon such officer of police. |
| Duration of | 7. A ])istol license shall, unless previously revoked, continue in force until the thiiTv-first day of December following the date of the issue tlu'reof, hut may he renewed for a further period ('xpiring on the thirty-first day of December next following the date upon which the license is renewed, and so from time to time, and the provisions of this Act with respect to the issue of a pistol license shall apj)ly to the renewal of a pistol license. |
| licenses. | |
| Revocation | 8 . Aliy liconso issucd under this Act may he revoked noticc i l l Avi'iting signed hy the officer in charge of the jiolice station in or nearest to the place uhere the holder of the license usually resides if he is satisfied that tlie holder thereof is jirohihited by this Act from holding a |
| of licenses. |
| ■ | license or is a person of unsound mind or of intemperate habits or is otherwise unlittt'd to he entrusted with a pistol, subject nevertheless to the like right of appeal as in the case of a refusal to issue a license. |
| Inspection | 9. | A record of all licenses issued under this Act at |
| of list of |
| licenses. | any police station shall he kept there and shall he open for inspection at all reasonable times upon payment of the fee (if any) prescribed. |
| Pistol License Act. | 135 |
10. (1) I t sliall be uiila\rful to sell by retail or by George V,
| auction or by private sale or to let on hire a pistol, or | No. 10. |
for a pawnbroker to part rvitb the possession of a pistol saic or inre
pledged with liiin u])on redemption of tlio pledge, to any
person unless at the time of the sale, hire, or redemption
sucbperson either produces a pistol license or gives
reasonable proof that be is about to proceed abroad for
a period of not less than six months and produces a
statement to that effect signed by himself and by a police
officer of the district within Avhicli be resides of a rank
not lower than that of inspector or by himself and by a
justice of the peace.
(2) Every person who in the course of business Kml y of sale
sells by retail or by auction or lets on hire a pistol, or being a pawnbroker parts with the possession of a pistol pledged with him upon redemption of the pledge, shall before delivery make or cause to be made an entry in a book to be kept for that purpose specifying the description of the pistol sold, let on hire, or redeemed, the date of sucb sale, hire, or redemption, the name and address of the purchaser, hirer, or person redeeming the pistol and of the officer of police by whom the pistol license produced by the purchaser, hirer, or such person was issued, the date of such license or the circumstances exempting such purchaser, hirer, or person from having such license.
Such book shall be ])roduc('d for inspection on the request of any officer of police.
| (3) Any person who— | i cnaity. |
| (a) | contravenes any of the foregoing provisions of this A c t; or |
| (b) shall be liable on summary conviction to a penalty not exceeding twenty pounds. | on the sale, hire, or redemption of a pistol knowingly makes or causes to be made any false entry or statement as to any matter concerning which he is required by this section to make an entry or statement, |
| 1 1 . (1) Any person who carries on the trade or pcgistiation business of a pistol dealer, unless he shall first h a v e • | A | ^ | ( i C i t l c i S |
| obtained a certificate of registration, shall be liable | ’ |
| on summary conviction for a first olfence to a penalty not |
| W b | Pistol License Act. |
| Goorge V, | not exceeding fifty pounds, and for a second or sub | |
| No. 10. | sequent olfence to a penalty not exceeding one liundred pounds. | |
| (2) Applications for such a certificate shall be made in the prescribed form to, and sucb certificate may be issued in a prescribed form by the officer of police in cliarge of the police station in or nearest to tlie place where the applicant carries on the trade or business of a pistol dealer, on ])ayment of the sum of one pound for every such certificate. Sueli certificate sliall be in force until the thirty-first day of December after the date of the issue thereof, and may on application in the prescribed manner Ix' renewed from time to time upon payment of a like' foe. | ||
| ilcniaiul for | ||
| pTodiictioji | 1 2 . Any member of the police force may demand be using or carrying any pistol tlie production of the license for so doing, and may also demand from such person liis name and address. | |
| ©f pi^stol | from any jierson who at the lime of sucb demand may | |
| license. | ||
| If sucb person refuses to produce sucb license or docs not give bis name and address or gives a false name or address, he shall for every such offence be liable to a penalty not exceeding ten pounds. | ||
| Seizure and | ||
| forfeiture of | 1 3 . Any member of the police force may seize any pistol found in tlic possession of or being used or carried by any person Avbo is required by tliis Act to bo but wlio is not the liolder of a license therefor under this Act, and such jiistol may be forfeited to His Majesty. | |
| ipjstols. | ||
| IPower to | ||
| searjh | 14. If a justice is satisfied by information on oath pistol is concealed or lodged in any premises or place in breach of this Act, he may grant a search warrant authorising any member of the police force named therein to enter at any time, if necessary by force, and to search any premises or place named in such tvarrant and every person found therein, and to seize and detain any pistol wliich be may find on the premises or place or on sneli person and in respect of wbicli lie has reasonable grounds for suspecting that tliere lias been or is a breacli of tliis Act. | |
| pre uij es for | that there is reasonable ground for suspecting that any | |
| pistols. | ||
| to be taken | ||
| jpreeautioiis | 15. Any person who lias a pistol in bis possession and who does not take all reasonable precautions to ensure the safe keiqiing of sucb pistol shall be liable to | |
| by pistol | ||
|
| Pistol License Act. | 137 |
16. Any parent or guardian of a person under tlu; Georg-eV,
| age of eiglit('eu years avIio uses, earries, or lias in Ids | No. 10. |
possession any jiistol shall he liable to a jienalty not ■■‘•‘'''lidvfjf exceeding tiai pounds unless such parent or guarilian . proves that such use, carriage, or possession was without
his consent or knowledge, and that he took all reasunahh* precautions to iirevent the same, or proves that tlu' person under the age of eighteim years using the jiistol rvas so using it under the supervision of a jierson holding a pistol license.
17. Any person who Avithin tlu' boundary of any M.-ixim
}miuicipality uses in connection with a jiistol any con trivance commonly known as or in the nature of a Maxim silencer shall he liable to a penalty not exceeding twenty pounds.
18. (1) The Governor may make regulations pre-Kĉ uiiti.m55
scribing all forms under this Act and generally i'or carrying out the provisions of this Act, and may in
such regulations impose any penalty not exceeding ten
pounds for any breach of the same.
The regulations shall—
(i) be submitted for the apju’oval of the Governor;
(ii) be published in the Gazette;
(iii) take effect from the date of such publication or from a later date to be specified in tlie
| • | regulations; |
(iv) be laid before both Houses of rarliament within fourteen silting days after publication if rarliament is in session, and if not, then within fourteen sitting days after the com mencement of the next session.
If either House of Parliament passes a resolution of which notice has been given at any time Avithin fifteen sitting days after the regulations have been laid before such House disalloAving any regulation or j)art thereof, such regulation or part shall thereupon cease to liaA'c effect.
1 8 . Any penalty incurred by this Act or the regu- Kecovory.A
lations made thereunder may be i-eeovered in a summary !'""
manner before two or more justices or a stipendiary or
police magistrate.
PUBLIC
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