Firearms industry news

Amendments to the Firearms Act 1996 commenced on August 30, 2022, with several changes which affect firearm owners, licence holders and firearm dealers.

Updated firearm storage requirements

Firearm owners must store their firearms in accordance with the updated minimum standards set out in Schedule 4 of the Firearms Act 1996. 

Current and future firearm owners must make sure their firearm storage complies with these changes.

Many current firearm owners will already have storage which meets the updated standards. This particularly applies if they have a purpose built, commercially manufactured gun safe. 

More detail about firearm storage changes can be found, here. 

Our divisional firearms officers can provide advice about individual circumstances.

Proof of current licence when releasing a firearm

Firearm dealers must not dispose of (release) a firearm to a person unless they are able to produce a valid licence to carry, use or possess the firearm.

This requirement is in addition to any valid permit to acquire that the person must produce. This means that firearm dealers are required to ask someone who is collecting a firearm from the dealer to produce their firearm licence as well as any other document needed to authorise the release of the firearm to that person.

Hire and loan of firearms 

The hire and loan of firearms to a licensed person is now limited to a maximum of 30 days with the possibility to extend the loan by an additional 30 days with an agreement in writing. 

In light of this change, there are new provisions relating to firearm loan and hire. For further details, please see: Licensed Firearm Dealers.

The Licensing and Regulation Division (LRD) currently sends out renewal applications to licence holders eight weeks prior to the licence’s expiry date. LRD intends to extend this eight week period to 12 weeks in January and February 2022. This will enable a licence holder to submit their renewal application and have it successfully assessed by LRD within the three to four week processing time frame from the date of receipt before the licence expires.

Recent analysis highlights that the majority of renewal applications are being received in the last seven days of the current licence validity period. This hinders LRD’s ability to process and issue a new licence to licence holders before the expiry date.

The leading cause of licences expiring inadvertently is that licence holders are not notifying LRD of a change of address. This cause results in the following:

• Firearms – licensed firearm holders needing to dispose of any firearms in their possession to a Licensed Firearms Dealer for safe storage. The licence holder is then required to lodge a new application (28 day waiting period applies) and Permits to Acquire to take back possession of their firearms.

While the Firearms Act 1996 allow for licences to remain current beyond the expiry date if the renewal application is being processed, an inability to produce a current plastic licence is often frustrating firearms holders.

To ensure that a renewal application is processed before the expiry date, LRD recommends the following:

• Licence holders keep their address details up to date with LRD, information on how to change your details can be found here. Please note that it is an offence not to notify LRD of any change of address.
• Licence holders lodge their renewal applications as soon as possible.

In response to the Licensing and Regulation Division (LRD) system requirements, licence numbers for new applicants are changing. This change is reflected in the introduction of an alpha character now being the first character of a licence number. To avoid any confusion with our licence categories, the new licence number format will commence with a ‘Z’. The licence number for new applicants will appear as follows, Licence Number: Z99999.

Until recently, we have classified gel blasters and similar devices depending on the way the device operates. This means that if you were unlawfully found in possession of a gel blaster, a police officer could charge you with firearm or imitation firearm offences depending on how the gel blaster worked. 

We have now made the decision to regulate gel blasters and similar devices that have the appearance of an operable firearm as imitation firearms under the Control of Weapons Act 1990(opens in a new window). This means if you are found in possession of gel blasters that have the appearance of an operable firearm, you will be charged with possession of an imitation firearm. 

To learn more about what this means and see definitions on imitation firearms, visit our Firearms licensing page. 

FAQs

I would like to purchase a gel blaster. Is it illegal?

Gel blasters that have the appearance of an operable firearm are now classified as imitation firearms under the Control of Weapons Act 1990. To lawfully possess an imitation firearm in Victoria, a Chief Commissioner’s Prohibited Weapons Approval must be obtained. However, the Licensing and Regulation Division (LRD) do not issue approvals for gel blasters and similar devices as there is no genuine reason to possess them. 

The LRD advise Victorian’s not to purchase gel ball blasters because if you are found in possession of this device(s), you could be charged with imitation firearm offences.

I currently have a gel blaster in my possession what do I do?

If you are in possession of a gel blaster that has the appearance of an operable firearm then you will need to dispose of it to a police station. You can do this by contacting your local police station and arranging a time to bring the gel blaster in. You must ensure that when you transport the gel blaster, you do so in a way that does not cause alarm.

If you are unsure if your gel blaster resembles an operable firearm or a toy firearm, please refer to the:

I already hold a Chief Commissioner’s Prohibited Weapons Approval for imitation firearms can I own, buy or sell a gel blaster under my current approval?

No. Your weapons approval would need to be approved for the reason of owning, selling and using a gel blaster that has the appearance of an operable firearm. The LRD do not issue approvals for the use of gel blasters as there is no genuine reason to possess a gel blaster or similar devices in Victoria. For this reason, individuals or wholesalers can only own, buy and sell the imitation firearms specific to the reason approved by the LRD. You would have also received a letter informing you of a special condition excluding gel blasters, that now applies to your approval. This condition means that if you are found to be in possession of a gel blaster, you will be committing an offence under the Control of Weapons Act 1990. 

I am covered under a Governor in Council Exemption to own, buy and sell gel blasters, can I own one?

No. Gel blasters have not been included in the exemption for imitation firearms. Gel blasters have not been approved for a lawful activity or purpose in any exemptions issued by the Department of Justice and Community Safety. A special condition now applies to the imitation firearm exemption order that excludes gel blasters that resemble operable firearms. This means that a person relying on the exemption is breaching the order and committing an offence if they are in possession of a gel blaster.
 

The Permit to Acquire a Longarm Application has been converted to an eForm. You can find it on the Firearm Forms and Reference Information page.

Applicants wishing to obtain a Permit to Acquire (PTA) a Longarm may now either—

a. Complete and submit the PTA Longarm application eForm online

b. Apply through an authorised online firearms dealer, per the existing process.

c. Complete printable Permit to Acquire a Longarm application form and send to Licensing and Regulation Division by registered post. 

Download the printable form here: 

Other than the way in which a PTA Longarm application is lodged, the rest of the process remains unchanged. As per current practice, there will be no upfront permit fees. The payment notice will continue to be issued with the PTA.

Please note that the Permit to Acquire a Handgun Application remains a PDF form and has not yet been converted to an eForm.

Australian governments have come together to hold an ongoing national amnesty to reduce the number of unregistered firearms and improve public safety. Commencing 1 July 2021, the permanent national firearm amnesty is Australian first. The amnesty implores members of the public to anonymously surrender any illegal or unregistered firearms, parts or ammunition in their possession without fear of prosecution.

In Victoria, anyone in possession of illegal or unregistered firearms, parts or ammunition is strongly advised to surrender these to their nearest licensed firearms dealers  in the first instance.

A person in possession of the following can surrender:

• unregistered firearm
• firearm parts
• cartridge ammunition
• Members of the public are encouraged to contact their nearest licensed firearm dealer to confirm they are participating in the amnesty.

Victoria Police is strongly advising members of the public not to surrender any firearms to police stations. However, if it’s impractical for someone to surrender at their nearest licensed firearm dealer, they must call their local station to organise the conditions surrounding the surrender of the firearm or associated item ahead of any attendance at a station.

Crime Stoppers  are leading in managing the national co-ordination of the campaign. For more information concerning the amnesty, including safety considerations and management of items surrendered, refer to the Crime Stoppers website: crimestoppers.com.au/FirearmAmnesty(opens in a new window)

Category C firearm licence holders whose licence has been issued for the reason of clay target shooting must meet the following conditions:

• compete in at least four clay target shooting competitions per calendar year
• competitions must be conducted by an approved clay target shooting club
• provide a record of participation from an approved clay target shooting club when applying for the renewal of a licence or at any time throughout the duration of a licence

Those who hold a Category C licence on behalf of a junior licence holder for the purpose of clay-target shooting are exempt from this condition.

In Victoria, paintball markers are considered firearms under the Firearms Act 1996.

A non-prohibited person aged 16 years or older can participate in paintball gaming on an approved Victorian range without a Paintball Licence. However, only persons aged 18 years or older are eligible to apply for a Paintball Licence.

In Victoria, a non-prohibited person can only own a paintball marker if:

• they are the holder of a current Victorian Paintball Marker Licence
• the paintball marker is for the purpose of participating in paintball events

Paintball markers must be stored in accordance with the storage requirements prescribed in Schedule 4 of the Firearms Act 1996.

Any person considering making an application for a Paintball Licence should be aware that such a licence will not be issued for any purpose other than paintball gaming and that you will have to demonstrate that you have successfully completed a paintball marker safety course when applying.

From 1 October 2019 lever action shotguns will no longer be classified as a Category A longarms. Under the new classification framework:

• lever action shotguns that have a magazine capacity of no more than 5 rounds will be reclassified from Category A longarms to Category B longarms; and
• lever action shotguns that have a magazine capacity of greater than 5 rounds will be reclassified from Category A longarms to Category D longarm

Licence holders who lawfully held lever action shotguns on a valid licence before 1 October 2019 will be covered by transitional provisions. These licence holders will be required to complete a reconfirmation process.

Reconfirmation process for lever action shotguns

Licence holders who were the registered owners of lever action shotgun before 1 October 2019 have been identified by the Licensing and Regulation Division. These licence holders have been sent correspondence detailing the reconfirmation process.

Licence holders who receive this letter are asked to consider the attachment included with the letter and return to the Licensing and Regulation Division according to the instructions.

Transitional provisions

Transitional provisions will also be enacted on 1 October. These can be found at section 221 of the Firearms Act 1996.

The transitional provisions will allow persons who owned a lever action shotgun on a Category A or A&B before 1 October 2019 to continue to lawfully possess use or carry these firearms on their existing licence even though the shotgun will be classified differently.

Application of transitional provisions

Transitional provisions will only apply to individuals who held a valid licence with lever action shotguns of any capacity before 1 October 2019.

For example, on 30 September Sally owns a lever action shotgun with a magazine capacity of 6 rounds on a Category A&B licence.

On 30 September the firearm registered to Sally is a Category A longarm. On 1 October Sally’s lever action shotgun will be considered a Category D longarm but because of operation of the transitional provisions she will still be considered to lawfully own the firearm on her Category A&B licence.

Transitional provisions will not apply to the acquisition of lever action shotguns after 1 October 2019. This means that from 1 October 2019:

• to acquire a lever action shotgun with a magazine capacity of no more than 5 rounds a person will need to hold a Category B longarm licence.
• to acquire a lever action shotgun with a magazine capacity of greater than 5 rounds a person will need to hold a Category D longarm licence.

Transitional provisions will cease to apply:

• if a licence holder allows their licence to expire, successfully applies for a new licence and attempts to reacquire firearms previously held on the expired licence; or
• when a licence holder transfers firearms covered under the transitional provisions away from their licence on or after 1 October 2019; or
• when firearms covered by the transitional provisions are seized by police (e.g. upon suspension of a licence).

Impact of changes for Class 2 firearm dealers

The changes only impact Class 2 Firearm Dealers.

From 1 October 2019, because lever action shotguns with a magazine capacity greater than 5 will be a Category D longarms, Class 2 Firearm Dealers will no longer be able to trade in these types of firearms. 

This means that Class 2 Dealers will no longer be able to acquire, dispose of or witness transactions involving lever action shotguns with a magazine capacity greater than 5 rounds. Class 2 Dealers will still be able to deal in lever action shotguns with a capacity of no more than 5 rounds because they will be Category B firearms.

Permits to acquire issued before 1 October 2019

The transitional provisions only apply to licence holders and the firearms they held before 1 October 2019.

Where a permit to acquire (PTA) a lever action shotgun was issued but not used before 1 October 2019 the person acquiring the lever action shotgun will need to be appropriately licensed according to the new classification framework.

This means that from 1 October 2019, a person will need to hold a valid Category B firearm licence to acquire a lever action with a magazine capacity of no more than 5 rounds and a Category D firearm licence to acquire a lever action shotgun with a magazine capacity greater than 5 rounds.

If a person is not appropriately licensed to possess, use or carry Category B or D longarms an acquisition using a PTA issued before 1 October 2019 cannot be completed even if they would have been able to lawfully possess, use or carry the lever action shotgun on the date the PTA was issued.

To align with the National Firearms Agreement (NFA), all identified push button and lever release shotguns and rifles have been amended to ‘Bolt Action’. Previously they were recorded as ‘Lever Action’. 

As a result of this administrative update, the categorisation of bolt action firearms has changed from category B to category A. 

How does this affect dealers? 

For OLDS dealers, all firearms stock that previously used old templates (lever action) will automatically amend to category A (bolt action). 

Dealers should refer to the published list (below) of affected firearms and ensure that category A permits are applied for. 

What a dealer should do when presented with a category B permit 

If a licence holder presents a category B permit to acquire, for a firearm that is impacted by this amendment to category A, please contact LRD and advise us on the particulars of the licence/permit. 

How does this affect me as a licence holder?

If you have a category B permit and have the intention to acquire a firearm impacted by this amendment to category A, please contact LRD to request an expedited, updated permit using our online enquiry form (permit application drop-down menu). 

What firearms are affected? 

*This list may be subject to further updates.