Arms Legislation Bill

59 Section 43A replaced (Mail order sale of firearm or ammunition)

Replace section 43A with:

43A Mail order or Internet sale of arms items or ammunition

(1)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, sells by mail order or a transaction on the Internet any arms item (other than an airgun for use in airsoft or paintball sports), or any ammunition for a firearm or restricted weapon, otherwise than under a written order—

(a)

signed by the purchaser; and

(b)

stating the identification number marked identifying markings on the arms item; and

(c)

bearing an endorsement signed by a member of the Police and stating that the member of the Police—

(i)

has inspected the purchaser’s firearms licence; and

(ii)

is satisfied that the purchaser is a fit and proper person to purchase the arms item or ammunition.

(2)

Nothing in this section subsection (1) applies in relation to—

(a)

any pistol, restricted weapon, or prohibited item; or

(b)

any ammunition for a firearm of the kind described in section 22(1)(a), (b), or (c).

(3)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, sells any pistol, restricted weapon, or prohibited item

(a)

by mail order; or

(b)

by a transaction on the Internet, unless

(i)

the purchaser has obtained an endorsement on their dealer’s licence or firearms licence that authorises them to possess a pistol, restricted weapon, or prohibited item; and

(ii)

the purchaser has, in the case of a pistol, restricted weapon, prohibited firearm, or prohibited magazine, obtained a permit to possess that pistol, restricted weapon, prohibited firearm, or prohibited magazine; and

(iii)

the pistol, restricted weapon, or prohibited item is delivered by a courier specified in the permit or, in the case of a prohibited part, a form specified by the Police.