Arms Legislation Bill

  • enacted
6A Section 2A replaced (Meaning of prohibited firearm)

Replace section 2A with:

2A Meaning of prohibited firearm

(1)

In this Act, unless the context otherwise requires, prohibited firearm

(a)

means any of the following firearms:

(i)

a semi-automatic firearm, other than—

(A)

a specified semi-automatic firearm:

(B)

a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size:

(C)

a small semi-automatic pistol:

(D)

a semi-automatic pistol (not being a small semi-automatic pistol) held by in the possession or under the control of a person referred to in subsection (3):

(ii)

a pump-action shotgun that is capable of being used with a detachable magazine:

(iii)

a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size:

(iv)

a centrefire pump-action rifle that is capable of being used with a detachable magazine:

(v)

a centrefire pump-action rifle that has 1 or more non-detachable magazines (tubular or otherwise) that are capable of holding more than 10 cartridges commensurate with that firearm’s chamber size; and

(b)

includes any other firearm declared by Order in Council made under section 74A to be a prohibited firearm for the purposes of this Act.

(2)

In subsection (1)(a)(i)(A), specified semi-automatic firearm means a semi-automatic firearm—

(a)

that is capable of firing only 0.22 calibre or lower rimfire cartridges; and that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with the firearm’s chamber size; and

(aa)

that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with the firearm’s chamber size; and

(b)

if the firearm has a lower receiver, the lower receiver that does not have a lower receiver that is not able to be attached to a centrefire upper receiver so as to result in a firearm that that the resulting firearm is able to function.

(3)

For the purposes of subsection (1)(a)(i)(D), the person is the holder of a firearms licence a person who

(a)

if the person’s has a firearms licence that bears an endorsement made under section 30 permitting the holder to possess the semi-automatic pistol in the capacity referred to in section 29(2)(b), (c), (d), or (e); and

(b)

the person has been issued with a permit to import the pistol (under section 18) or a permit to possess the pistol (under section 35).