Antique Firearms
Antique Firearm Definition:
An antique firearm is a firearm manufactured before 1 January 1901 that is either:
- a muzzle loading firearm;
- a cap and ball firearm; or
- a firearm in which an Authorised Officer decides that ammunition is not commercially available.
Antique firearms may only be possessed by persons deemed as ‘fit and proper’ under the Weapons Act 1990. If a person is deemed not ‘fit and proper’ and found in possession of an antique firearm they commit an offence.
Ammunition
The definition of ‘ammunition’ has been defined by the Explosives Act 1952 since the commencement of the Weapons and Other Legislation Amendment Act 1997 on 14 November 1997. This definition was further amended following the commencement of the Explosives Act 1999 (the Explosives Act) on 11 June 1999.
The purpose for doing so, rather than developing a new definition, is that the Explosives Act is the principal legislation regulating the purchase, possession and storage of explosives, which includes ammunition. As a result the Weapons Act deals with ammunition in a very limited way relying on the provisions of the Explosives Act to regulate the definition, purchase, sale and storage.
Schedule 2 of the Explosives Act 1999 defines ammunition as follows:
Ammunition: includes bombs, grenades, rockets, mines, projectiles and other similar devices and all types of cartridges (including blanks) used in firearms.
Schedule 7 of the Explosives Regulation 2003 defines small arms ammunition as follows:
Small Arm Ammunition: means ammunition for firearms as follows including primers (cap type) used for reloading the ammunition –
(a) a shotgun;
(b) another firearm with a calibre of not more than 25.4
Section 44 (g) of the Explosives Regulation 2003 authorises person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm to possess small arms ammunition.
Commercial Availability Information
The Weapons Act 1990 (the Act) provisions in relation to the registration of antique firearms were amended and commenced on the 1st of July 2003, as the result of the commencement of the Weapons (Handguns and Trafficking) Amendment Act 2003. This amendment was as the result of Australasian Police Minister Council (APMC) meeting resolutions following incidents involving firearms that were previously unregistered antique firearms, both here and interstate.
The definition of ‘Antique Firearm’ has been amended to ensure that only firearms which are manufactured prior to 1 January 1901 and are either muzzle loading, cap and ball or a firearm which takes cartridge ammunition is not commercially available are considered to be genuine antique firearms.
Although the term “commercially available” has not been defined within the Act it is considered that if ammunition is available for purchase here or overseas for the purposes of the Act it is commercially available.
This argument is supported by the World Trade Organisation Marrakesh Agreement contained in the Australian Treaty Series 1995 No 8, Department of Foreign Affairs and Trade, Canberra, where it was held that the term "commercially available" means that the choice between domestic and imported products is unrestricted and depends only on commercial considerations.
Where it comes to the attention of WL that ammunition is available for specific types of antique firearms these matters are referred directly to the Authorised Officer for consideration as per section 154 of the Act.
