Licensed Firearm
Dealer Newsletter
L I C E N S I N G
D I V I S I O N
N O V E M B E R
2 0 1 0
Online Dealer System
Internet Update
2
Chewing the fat
2
Laser pointers
3
New weapons
laws
3
Firearm forums
& user groups
4-5
Dealer audits
6
Gun show
6
Amendments to
the Firearms Act
7
Who can help
with my
application?
8
8
Preparing for roll out
Licensed firearm dealers will receive an
invitation to register their expression of
interest for the Victoria Police’s Online
Firearm Dealer System before the year is
out. The online system will provide special
access to ‘LARS’ – Victoria Police’s
Licensing and Registration System for
firearms. It is currently available to eight
dealers but will be expanded next year to
accommodate many more dealers.
The invitation will also contain information
explaining the process for registering
interest, what setting-up and maintaining
access to the online system will involve,
and the responsibilities involved in having
privileged access to a Victoria Police
database. This information pack and
invitation will be posted to dealers shortly.
In preparation for the roll out, Victoria
Police will be making enhancements to the
online dealer system and training help desk
staff to assist dealers making the transition
at the start of 2011.
To access the Online Firearm Dealer
System you will be provided with a login
name and password and can then use the
system on any appropriately configured
computer with internet access. Amongst
other things, the system will enable dealers
to submit permit applications, pay for
The Licensed Firearm Dealer Newsletter
provides information regarding topical
issues to the firearms industry in Victoria.
For more information, news and previous
editions of the newsletter visit
www.police.vic.gov.au/firearms
Victoria Police
INSIDE THIS
ISSUE:
An Agent’s
Agreement
S E R V I C E S
permits to acquire, register firearms,
and transfer firearm ownership online.
This will free up dealers from
completing paper-based reports, reduce
the total turnaround time for certain
applications and services, and provide
dealers with accurate, up-to-the-minute
information about firearm registrations.
As the roll out draws closer, the
Licensed Firearm Dealer Newsletter will
become more frequent to keep dealers
informed of the changes. New
information will also be posted to the
firearms sections of the Victoria Police
internet site at:
www.police.vic.gov.au/firearms
LSD Contact Details
GPO BOX 2807,
Melbourne 3001,
Victoria, Australia
1300 651 645
licensingservices@police.vic.gov.au
LICENSING SERVICES DIVISION
PAGE
2
Internet update: prohibited persons
Licence Classes
The Firearms Act provides that certain
individuals or ‘prohibited persons’ will be
barred from possessing firearms. The Act
also provides that prohibited persons,
under certain circumstances, may apply to a
Victorian court to become non-prohibited.
In an attempt to demystify these laws,
LSD has uploaded detailed information to
the firearms section of the Victoria Police
website at
Licensing Services Division appreciates that
the sections of the Firearms Act that relate
to prohibited persons can be complicated.
If you require specific legal advice
however, you should either consult the
Act directly or a legal professional.
www.police.vic.gov.au/firearms
Chewing the fat
with LSD’s firearms consultant
“Their unusual
but memorable
appearance
has meant that
blue guns are
not considered
to be imitation
firearms.”
Blue Guns
Weapons Identification System
Although relatively unknown a couple of
years ago, ‘blue guns’ are fairly recognisable
today. The guns, which were designed as
training aids for enforcement agencies, are
made from steel and covered by a strong,
impact-resistant polyurethane or plastic.
They have no moving parts and cannot be
modified to function like a real firearm. As
their name suggests, they are frequently
coloured blue but some red versions have
also appeared on the market.
Victoria Police’s Weapons Identification
System (WIDS) has recently received
several updates. The system, which can be
accessed through the Victoria Police
website,
been
updated
to 1 include
Under the has
Firearms
Act 1996,
only Class
and
additional
firearm
templates
and
Class 2 dealers may trade in Category B contact
information
for Licensing Services Division
longarms like this centrefire bolt-action rifle.
and Victorian licensed firearm dealers.
Their unusual but memorable appearance
has meant that blue guns are not
considered to be imitation firearms. As
such, they are not classified under the
Firearms Act and there are no licensing or
registration requirements to possess one.
Australian Customs still requires people
wishing to import blue guns to have an
import or B709 permit to do so. The
application form for this permit can be
downloaded from our website. LSD would
also encourage people to only use blue
guns on private property where the
property’s owner has given permission and
is aware of the dates and times during
which training will occur.
LICENSED
FIREARM
DEALER
NEWSLETTER
The WIDS update will ensure that dealers
have access to the most up-to-date
firearm template information until the
National Firearm Identification System
(NFIDS) is up and running. The NFIDS is
focused on providing greater firearm
template information and functionality to
users. Under this system, all Australian
states and territories will have the same
template information to ensure that all
firearms in all jurisdictions are recorded
correctly.
LSD is mindful that some dealers might
prefer that their contact information is not
published online and would encourage
dealers in this position to email and advise
what, if any, of their contact information
may be published. Updates on the NFIDS
will be made available in future
newsletters and on the Victoria Police
website.
LICENSING
SERVICES
DIVISION
PAGE
3
Laser pointers:
acceptable sighting device or prohibited weapon?
emit a laser beam with an emission greater
than 1 mW.
As laser pointers or sights up to 5mW
strength are routinely used by many
members of the firearms community and
sold by most dealers, this would obviously
be an issue for the firearm industry.
LSD’s advice at this point is that laser
sights attached to a firearm do not
constitute prohibited weapons and using
or dealing in them does not require a CCP
approval. Purpose-built laser sights with an
emission greater than 1mW can be
imported with an Australian Customs
import permit alone.
Licensing Services Division was recently
asked to clarify whether laser sights
attached to firearms were prohibited
weapons and whether dealers selling these
items were required to obtain the approval
of the Chief Commissioner of Police (CCP)
to do so.
Laser pointers became a prohibited weapon
in 2000 when the Control of Weapon’s
Regulations
were
introduced.
The
regulations prohibit hand-held, batteryoperated articles commonly known as ‘laser
pointers’ that are designed or adapted to
This advice is based on the fact that laser
sights are attached to firearms and when
in use are not distinct, portable items
operated by hand. This distinguishes
firearm laser sights from the hand-held,
battery-operated articles the regulations
describe. In addition, the firearm industry
knows and uses these items as ‘sights’ for
targeting weapons, and not as ‘pointers’
for demonstrating something as they are
commonly used in the education or
corporate sectors and which parliament
more probably had in mind when the
regulations were created.
“...laser sights
attached to a
firearm do not
constitute
prohibited
weapons and
using or
dealing in
them does not
require a CCP
approval.”
New weapons laws
The Victorian Government recently introduced new
laws to target knife crime. From 22 August 2010,
police can search a person for knives in a public place
anywhere, anytime, with and without notice.
excuse. A lawful excuse can include carrying a knife
for the purposes of your job or when participating in
lawful sport, recreation or entertainment activities,
for example when fishing.
From 1 January 2011, you will no longer be able to
buy any type of knife, including kitchen knives or
knives for school or work if you are under 18.
Anyone who knowingly sells a knife or other
controlled weapon to a minor faces a fine of over
$2300.
Carrying a knife for the purposes of selfdefence is not a lawful excuse.
It is an offence to possess, carry or use a knife or
other controlled weapon unless you have a lawful
Police will consider all the circumstances when
deciding if someone has a lawful excuse for carrying a
knife or other controlled weapon. The new laws will
also commence in stages. For more information see
the ‘News and Information’ section of our website at
www.police.vic.gov.au/weapons
PAGE
Firearm forums & user groups
4
What’s on your mind?
The firearm forums throw up some good questions
“These laws
were most
certainly
created to
ensure
community
safety in a
number of
ways.”
Licensing Services Division has hosted a
series of forums this year with interested
members of the firearms community. The
forums were designed to be informative as
well as provide an opportunity for firearm
groups to ask questions and workshop
issues of concern with LSD.
Dealers have asked some good questions of
the Divisional Firearm Officers and LSD
members present. These are their questions
and our responses.
Why do I need to submit a permit to
acquire for a firearm I already own?
This question was asked in reference to
persons who surrendered their firearms
after their licence was cancelled or expired.
You cannot possess a registered firearm
without holding the appropriate firearm
licence. You also cannot acquire a firearm
without a permit to acquire. These are not
policies devised by LSD or Victoria Police –
they are a requirement of sections 6, 7 and
102 of the Firearms Act 1996. As such, they
can only be changed by an act of Parliament.
Other sections of the Firearms Act also
support these requirements, making it
clear that if your licence expires, you
have 28 days to transfer ownership of
your firearm to a licensed firearm dealer
or, in the case of having your licence
cancelled, that you must dispose of your
firearm. As a consequence of sections 6
and 7, if you dispose of your firearm to a
dealer, the firearm ownership must
change into their name.
These laws were most certainly created
to ensure community safety in a number
of ways. Firstly, by ensuring that people
without a current licence could not
possess a firearm. Secondly, by ensuring
that people treat seriously the licence
renewal process and the requirement
that an applicant must be able to
demonstrate once more their suitability,
and ongoing need, to hold a firearm
licence. Thirdly, through ensuring that
people who have had their firearm
licence cancelled – usually because they
have become a prohibited person (as a
result of a criminal offence/intervention
order) or otherwise unsuitable – can not
obtain a firearm more easily than
someone applying for a new firearm
through the permit to acquire process.
It should be noted that licence holders
are given every opportunity to renew
their licence in the required timeframes
in order to avoid having to go through
the permit to acquire process.
Notification of the need to renew is
provided eight weeks prior to a licence
expiring and an overdue letter (as well as
a firearms list) is sent to the expired
licence holder three days after expiry.
LICENSED
FIREARM
DEALER
NEWSLETTER
LICENSING
SERVICES
DIVISION
PAGE
5
What is Victoria’s position on large
calibre category B firearms?
This question was asked in reference to
50BMG and derivative firearms, and
firearms at, or above, .338 cal.
LSD can advise that the matter of high
calibre firearms is under discussion at a
national level and that some states have
reviewed and adjusted the availability of
high calibre firearms in their jurisdictions.
At the present time however, there is no
change in Victoria on this matter.
Victorian legislation already requires
licence holders to provide evidence to the
satisfaction of the Chief Commissioner of
Police of their genuine need for each
category B firearm they wish to possess,
including large calibre firearms.
“The next of
these forums
will provide an
Upcoming Forum in Morwell
LSD has been hosting a series of
metropolitan and regional forums this year
for all interested members of the firearms
community. The next of these forums will
provide an opportunity for licensed firearm
dealers and other members of the firearms
industry to discuss and workshop a range of
issues of concern.
The forum will be held on Tuesday 30
November 2010 in the Franklin Room of
the Morwell Club located at 136 Helen
Street, Morwell. The forum will run from 1
pm to 4 pm.
Anybody wishing to attend should RSVP
by midday Friday 26 November to RFO
Ian Miles at:
opportunity
for licensed
firearm dealers
and other
members of
ian.miles@police.vic.gov.au
the firearms
Any queries can be sent to the LSD email
account marked for the attention of the
Compliance Support Unit at:
industry to
licensingservices@police.vic.gov.au
discuss and
workshop a
range of issues
of concern.”
Reconstitution of the Firearm User Group
Earlier this year Licensing Services Division reinstated the Firearm User Group (FUG). This
was primarily in order to foster a closer working
relationship between the firearm, weapon and
private security industries in Victoria and in
order to enhance the effectiveness of firearm
regulation.
The first meeting of the re-instated FUG took
place on 4 August 2010. The meetings will
continue on a quarterly basis with minutes
recorded at each meeting. To have an issue
addressed by the FUG or to obtain a copy of the
minutes,
please
contact
your
industry
representative.
PAGE
6
Dealer audits
Classes
Is your Licence
business ready
for inspection?
“A firearm
dealer licence
does not
authorise a
dealer, or their
employees, to
possess
prohibited
weapons.”
Licensing Services Division’s Compliance
Enforcement Unit (CEU) works to
identify areas where dealers are struggling
to meet their legal requirements and
assist these businesses to better
understand their responsibilities and
comply with the legislation. The CEU
routinely conducts audits of dealerships.
Sometimes dealers will be informed of the
unit’s intention to conduct an audit,
sometimes they will not. Recently, the
CEU has identified two areas in which
some dealers have been breaking the law:
prohibited weapons and social shooting.
To apply for a CCP approval, you will
need to complete an application form
available from the Victoria Police website
and submit it to LSD. All CCP approvals
are subject to certain general conditions
and depending on your particular
circumstances, additional conditions may
be attached to your approval.
Prohibited weapons
It is also not the intent or in the spirit of
the Firearms Act to use dealership firearms
for activities not related to the purpose of
the business. This means that firearms
attached to a dealer’s licence cannot be
used for social shooting activities.
Dealership firearms can only be used for
test purposes.
A firearm dealer licence does not
authorise a dealer, or their employees, to
possess prohibited weapons. The Firearms
Act only enables licensed firearm dealers
to trade in, and repair, firearms and
ammunition. If you want to possess,
display or sell prohibited weapons,
section 8C of the Control of Weapons Act
requires you to obtain the approval of the
Chief Commissioner of Police (CCP).
For a list of prohibited weapons and a
CCP approval application form, see
www.police.vic.gov.au/weapons
Social shooting
For more information about using
dealership
firearms, contact LSD’s dealer
Under the Firearms Act 1996, only Class 1 and
team on 1300 651 645.
Class 2 dealers may trade in Category B
longarms like this centrefire bolt-action rifle.
Royal Melbourne Showgrounds
the exhibitor area filled to capacity
and much demand on the service desk
Licensing Services Division manned
during the event.
Members of the firearm, weapon and
memorabilia communities from across
Australia flocked to the October Gun
Show at the Royal Melbourne
Showgrounds. The two-day event saw
LICENSED
FIREARM
DEALER
NEWSLETTER
LSD routinely attends gun shows to
answers the questions of both current
and future licence holders and ensure
that all dealers have display permits
and people selling prohibited weapons
have CCP approvals or GIC
exemptions. LSD was proud to be
involved in such a successful and
positive event, and was able to assist
more than 70 people with their permit
to acquire applications.
LICENSING
SERVICES
DIVISION
PAGE
Amendments to the Firearms Act
Imitation firearms
and recording
firearm model information
The firearms industry is set to experience
change over the next nine months as
amendments to the Firearms Act come into
force. The Firearms Act – which was
substantially re-worked in 1996 – was
recently modified when the Firearms and
Other Acts Amendment Bill 2010 passed
through Victorian Parliament and received
royal assent from the Governor.
The most significant change affecting
dealers relates to imitation firearms which
will be defined as ‘prohibited weapons’
from 1 July 2011 and come under the
Control of Weapons Act 1990. This means
that imitation firearms – whether an
imitation of a longarm or handgun – will
not be able to be possessed, sold, carried
or used without either an approval from
the Chief Commissioner of Police, or an
exemption from the Governor In Council.
The imitation longarms amnesty will
continue until 30 June 2011 to coincide
with the implementation of the new law
on 1 July. This is to ensure that people
who currently possess imitation longarms
do not have to register them now, only
for this registration to become irrelevant
in the new year. However, the Firearms
Act still requires that imitation handguns
are registered. This will only change in July
next year when all imitation firearms fall
under the Control of Weapons Act.
The other change affecting the dealer
community is the requirement that details
of the ‘model type’ of a firearm are
included on transaction returns where this
information is known or available. This law
comes into effect from 1 November 2010
and is one instance where the law has
come to reflect common practice, as
dealers have for some time now been
recording a firearm’s model in addition to
its make, type, calibre, action and serial
number information.
More
information
regarding
the
amendments to the Firearms Act,
particularly with regards to imitation
firearms, will be provided in future editions
of this newsletter and made available
online.
For more information on the imitation
longarm amnesty, please see the ‘News
and Publications’ section of our website at
www.police.vic.gov.au/firearms
To apply for a Chief Commissioner of
Police approval to possess a prohibited
weapon, or for information about
Governor in Council Exemptions, please
see the weapons section of our website at
www.police.vic.gov.au/weapons
“...From 1 July
2011...
imitation
firearms will
not be able to
be possessed,
sold, carried or
used without
either an
approval from
the Chief
Commissioner
of Police, or an
exemption
from the
Governor In
Council.”
7
LICENSING
SERVICES
DIVISION
PAGE
Who Can Help With My Application?
Licensing Services Division’s Assessment
and Determination Unit (ADU) is
responsible for processing permits and
authorities as well as issuing and renewing
firearm licences. The unit processes
applications not only for the firearm
industry, but also for the private security
and weapons industries.
The number of transactions the team
processes annually is very high. Each year
for example, the ADU processes:
• 72,000 changes to firearm ownership
• 58,000 firearm applications
• 42,000 permits to acquire a firearm
• 15,000 security applications
You can visit LSD’s office and get help
from the ADU team over the front
counter. The office is open to the
public from 8.30am to 4.30pm, Monday
to Friday. It is located at:
Level 4, Tower 3
Victoria Police Centre
637 Flinders Street
Melbourne 3005
You can call LSD on 1300 651 645 and
speak to someone in the ADU team.
Alternatively, you can email LSD at:
licensingservices@police.vic.gov.au
You can also write to the ADU at:
Licensing Services Division
GPO Pox 2807
Melbourne, Victoria 3001
An Agent’s Agreement:
A useful resource for dealers
The need for dealers to provide
customers with a transaction record
was a topical issue at the most recent
Victorian
Firearm
Consultative
Committee (VFCC) meeting. The
VFCC had tabled the discussion after
learning of an incident where a
customer had requested – but not
received – documentation of the repair
work he had commissioned a dealer to
do.
Drawing upon the Fair Trade Act,
Licensing Services Division created an
Agent’s Agreement in 2000 to assist
firearm dealers and their customers to
have a clearer understanding of their
respective
legal
rights
and
responsibilities. As the transaction
between a dealer and licence holder is
a civil one, it is particularly important
that each party have a clear
understanding of the nature of the
transaction.
The Firearm Traders Association has
endorsed the Agent’s Agreement and
is circulating it to their members for
use. For those dealers who are not
members of the Firearm Traders
Association, LSD has included a copy
of this agreement in the envelope that
contained this edition of the Licensed
Firearm Dealer Newsletter.
For more information, contact LSD at
licensingservices@police.vic.gov.au or
on 1300 541 545. For information
about disposing of uncollected goods,
dealers are advised to phone
Consumer Affairs Victoria on 1300 55
81 81.
8