Victorian Current Acts Victorian Current ActsSchedule 2—Special conditions for licences under Part 2
1 Longarm licences for category A or B longarms
(1) If the holder of a licence is authorised to hunt under the licence, the licence is subject to the condition that, before the holder enters any privately owned land for the purpose of hunting, the holder must obtain the permission of the owner or occupier of that land to hunt on the land.
Sch. 2 item 1(2) amended by No. 22/1998 s. 40(a).
(2) If the holder of the licence has obtained the licence for the reason of hunting, sport or target shooting or primary production, the holder is also authorised to hunt pest animals on Crown land, if such hunting is in accordance with any Act, regulations or other instrument regulating hunting on that land.
This authorisation does not apply to the holder of a licence who has obtained that licence for the purposes of sport or target shooting if that person is using a black powder ball firing cannon.
(3) The holder is authorised to carry or use a longarm, the carriage or use of which is authorised by the licence, on an approved shooting range.
Sch. 2 item 1(4) amended by No. 22/1998 s. 40(b).
(4) If one of the reasons for the licence is sport or target shooting, the holder is authorised to hunt on privately owned land if, before entering that land for the purposes of hunting, the holder has obtained the permission of the owner or occupier of that land to hunt on the land.
This authorisation does not apply to the holder of a licence who has obtained that licence for the purposes of sport or target shooting if that person is using a black powder ball firing cannon.
(5) If one of the reasons for the licence is sport or target shooting, the holder must be a member of an approved club.
Sch. 2 item 1(5A) inserted by No. 22/1998 s. 40(c).
(5A) If one of the reasons for the licence is
sport or target shooting, the holder must not engage in sport or target
shooting except—
Sch. 2 item 1(5A)(a) amended by No. 50/2007 s. 55(1).
(a) at an approved shooting range; or
(b) on land owned by the holder, where the activity is being carried out in accordance with the regulations; or
(c) on land not owned by the holder, where the owner of the land has given permission for the carrying out of the activity and where the activity is being conducted in accordance with the regulations.
(6) If the licence is a longarm licence for category B longarms, the holder is authorised to use category A longarms for the reason for which the licence is issued.
Sch. 2 item 1(7) inserted by No. 22/1998 s. 40(d).
(7) If the holder of the licence has obtained the licence for the reason of primary production, the holder is authorised to carry or use a longarm, the carriage or use of which is authorised by the licence, on the land of another primary producer, with the permission of the owner of the land.
Sch. 2 item 1(8) inserted by No. 78/2005 s. 61(1).
(8) If the holder of the licence has obtained the licence for the reason of hunting or sport or target shooting, the licence is subject to the condition that the holder must not—
Sch. 2 item 1(8)(aa) inserted by No. 3/2019 s. 45.
(aa) possess, carry or use a detachable magazine with a capacity greater than 5 shots in combination with a lever action shotgun; or
(a) possess, carry or use a detachable magazine with a capacity greater than 10 shots in combination with a pump or lever action centre fire rifle; or
(b) possess, carry or use a detachable magazine with a capacity greater than 15 shots in combination with a bolt action centre fire rifle; or
(c) possess, carry or use a detachable magazine with a capacity greater than 15 shots in combination with a pump, lever or bolt action rimfire rifle—
unless the Chief Commissioner is satisfied that the holder should be able to possess, carry or use such a magazine in combination with such a firearm for the purposes of participating in an event approved by the Chief Commissioner.
2 Longarm licences for category C longarms
(1) If the holder of the licence is authorised to possess, carry or use firearms held under the licence for the purposes of primary production, the holder of the licence must not carry or use any firearm held under the licence except—
(a) on the property on which the business of primary production is carried out and for the purposes of the genuine need for which the licence was required; or
(b) for the purposes of the suppression of pest animals—
(i) on another property on which primary production is carried out, if the activity is conducted in accordance with the regulations; or
(ii) on Crown land, if such hunting is in accordance with any Act, regulation or other instrument regulating hunting on that land.
(2) If the holder of the licence is authorised to possess, carry or use a firearm for the purposes of clay target shooting—
(a) the holder of the licence must remain a member of a clay target shooting club or organisation approved by the Chief Commissioner for the period of the licence; and
(b) in each calendar year, the holder must take part in at least 4 clay target shooting competitions conducted by clay target shooting clubs or organisations; and
Sch. 2 item 2(2)(c) substituted by No. 22/1998 s. 40(e).
(c) the holder must not use a firearm held under the licence for the purpose of engaging in clay target shooting except—
(i) at an approved shooting range; or
(ii) on land owned by the holder, where the activity is being carried out in accordance with the regulations; or
(iii) on land not owned by the holder, where the owner of the land has given permission for the carrying out of the activity and where the activity is being conducted in accordance with the regulations.
Sch. 2 item 2(3) inserted by No. 26/1997 s. 36(1).
(3) If the holder of the licence is authorised to possess a firearm for carriage and use by the holder of a junior licence for the purpose of clay target shooting—
(a) the holder of the licence must remain a member of a clay target shooting club or organisation approved by the Chief Commissioner for the period of the licence; and
(b) the person who carries and uses the firearm must remain the holder of a junior licence and a member of a clay target shooting club for the period of the licence.
Sch. 2 item 3 (Heading) inserted by No. 28/2003 s. 73(1)(a).
3 Handgun licences for general category handguns
Sch. 2 item 3(1) amended by No. 28/2003 s. 73(1)(b).
(1) If the holder of a licence is authorised to carry or use the firearm for the purposes of the occupation of security guard or prison guard, the holder is also authorised to carry or use a general category handgun, the carriage or use of which is authorised under the licence to practise at an approved shooting range.
(2) If the holder is an approved club, the firearms held under the licence—
Sch. 2 item 3(2)(a) amended by Nos 22/1998 s. 40(f) , 28/2003 s. 73(1)(c).
(a) must not be carried by any
person other than the nominated person or an officer of the club who is the
holder of a handgun licence for general category handguns; and
(b) must not be used by any person other than a member of an approved club and at an approved shooting range.
Sch. 2 item 3(3) inserted by No. 78/2005 s. 61(2).
(3) Item 3(2)(b) does not apply to a person to whom item 4 or 5A of Schedule 3 applies, if the person is carrying or using a general category handgun owned by an approved handgun target shooting club that is located at the approved shooting range at which the instruction is taking place.
Sch. 2 item 3A inserted by No. 50/2007 s. 55(2).
3A Handgun licences for general category handguns—operators of private security businesses
If the holder of a licence is authorised to carry or use one or more firearms for the purposes of operating a private security business, that holder must ensure that each firearm is registered to the holder's name.
Sch. 2 item 4(1) substituted by No. 26/1997 s. 36(2).
(1) If the holder of the licence—
(a) is authorised to carry or use a category A or B longarm, the holder must not carry or use such a longarm except under the immediate supervision of a person who is the holder of a longarm licence for category A or B longarms;
(b) is authorised to carry or use a category C longarm, the holder must not carry or use such a longarm except under the immediate supervision of a person who is the holder of a longarm licence for category C longarms which authorises the possession, carriage and use of category C longarms for the purposes of clay target shooting;
Sch. 2 item 4(1)(c) amended by No. 28/2003 s. 73(2)(a).
(c) is authorised to carry or use a general category handgun, the holder must not carry or use such a handgun except under the immediate supervision of a person who is the holder of a handgun licence.
Sch. 2 item 4(2) amended by No. 28/2003 s. 73(2)(b).
(2) The holder is authorised to carry or use a general category handgun, the carriage or use of which is authorised by the licence, on an approved shooting range.
Sch. 2 item 4(2A)
inserted by No. 22/1998 s. 40(g).
(2A) If the holder of the licence is authorised to carry or use a longarm under the licence, the holder must not carry or use the longarm for the purpose of receiving instruction in the use of the longarm for sport or target shooting except—
(a) at an approved shooting range; or
(b) on land owned by the holder where the activity is being carried out in accordance with the regulations; or
(c) on land not owned by the holder, where the owner of the land has given permission for the carrying out of the activity and where the activity is being conducted in accordance with the regulations.
Sch. 2 item 4(2B) inserted by No. 22/1998 s. 40(g).
(2B) If the holder of the licence is authorised to carry or use a longarm under the licence, the holder must not carry or use the longarm for the purpose of engaging in sport or target shooting competitions except at an approved shooting range.
Sch. 2 item 4(3) amended by No. 22/1998 s. 43(Sch. item 16(a)).
(3) The holder is not authorised to purchase cartridge ammunition.
5 Firearms collectors licences
(1) The holder of the licence must not possess or carry any types of firearms under the licence which are not consistent with the theme of the licence.
(2) The firearms kept under the licence must be kept at the premises specified in the licence.
(3) The firearms kept under the licence may be carried only for the purposes of acquisition, disposal or repair.
(4) The holder of the licence must remain a member of an organisation of firearms collectors approved by the Chief Commissioner for the period of the licence.
(5) Any category E firearms in the collection must be rendered permanently inoperable.
(6) Any category D firearms kept in the collection must be rendered permanently inoperable as follows—
(a) in the case of firearms with fixed firing pins, the pin must be ground flush with the face of the bolt, in any other case, the pin must be removed completely; and
(b) in the case of firearms with a firing pin hole, the hole must be filled from the front end with weld; and
(c) the barrel must be rendered inoperative by—
(i) welding a steel insert into the chamber end to prevent chambering a round; or
(ii) drilling a hole vertically through the chamber and welding a substantial pin in place to prevent chambering a round; and
(d) immobilising the firing mechanism by welding the trigger and internal components.
(7) Any firearms kept in the collection which are not category D firearms must be immediately rendered incapable of use by—
(a) the removal of the bolt or firing pin; or
(b) if that is not possible, by the application of an appropriate trigger lock or barrel lock.
(8) Any bolt or firing pin that is removed must be stored in a separate locked container from that in which the firearm is stored.
Sch. 2 item 5(9) amended by No. 28/2003 s. 73(3)(a).
(9) Any handgun or category C, D or E longarm for the collection must not be acquired except from—
(a) a licensed firearms dealer; or
(b) the holder of a firearms collectors licence and through the agency of a licensed firearms dealer.
Sch. 2 item 5(10) amended by No. 28/2003 s. 73(3)(b).
(10) Any handgun or category C, D or E longarm in the collection must not be disposed of except to—
(a) the holder of a collector's licence, through the agency of a licensed firearms dealer; or
Sch. 2 item 5(10)(b) amended by No. 37/2014 s. 10(Sch. item 63.18).
(b) to a police officer for disposal; or
(c) to a museum to which an exemption has been granted under Part 11.
Sch. 2 item 5(11) amended by No. 37/2014 s. 10(Sch. item 63.18).
(11) The holder of the licence or any person at the premises specified in the licence must produce and allow inspection of the register kept under section 24 when so requested by any police officer.
Sch. 2 item 5(12) inserted by No. 78/2005 s. 61(3), amended by No. 50/2007 s. 55(3).
(12) Items 5(7) and (8) do not apply to an antique handgun collectors licence.
Sch. 2 item 5(13) inserted by No. 78/2005 s. 61(3).
(13) The holder of an antique handgun collectors licence must take all reasonable measures to ensure the secure storage of the firearms while in carriage for the purposes of display or on display.
(1) The licence applies only to the firearm or firearms specified in the licence.
(2) The firearms kept under the licence must be kept at the premises specified in the licence.
(3) Any of the firearms kept under the licence may be carried only for the purposes of acquisition, disposal or repair.
(4) The firearms kept under the licence must not be used.
(5) The firearms kept under the licence must be rendered permanently inoperable as follows—
(a) in the case of firearms with fixed firing pins, the pin must be ground flush with the face of the bolt, in any other case, the pin must be removed completely; and
(b) in the case of firearms with a firing pin hole, the hole must be filled from the front end with weld; and
(c) the barrel must be rendered inoperative by—
(i) welding a steel insert into the chamber end to prevent chambering a round; or
(ii) drilling a hole vertically through the chamber and welding a substantial pin in place to prevent chambering a round; and
(d) immobilising the firing mechanism by welding the trigger and internal components; and
(6) The firearms kept under the licence must not be acquired or disposed of except—
(a) through inheritance; or
(b) to the holder of a firearms collectors licence, through the agency of a licensed firearms dealer; or
Sch. 2 item 6(6)(c) amended by No. 37/2014 s. 10(Sch. item 63.18).
(c) a police officer for disposal; or
(d) to a museum to which an exemption has been granted under Part 11.
Sch. 2 item 6(7) amended by No. 22/1998 s. 43(Sch. item 16(b)).
(7) The holder of the licence must not keep any cartridge ammunition for the firearms kept under the licence.
7 Firearms ammunition collectors licences
(1) The ammunition must be kept at the premises specified in the licence.
(2) The holder of the licence must remain a member of the organisation of collectors approved by the Chief Commissioner for the period of the licence.
(3) All ammunition in the collection must—
(a) be rendered inert except for all sporting ammunition and military ammunition of UN hazard classification code 1.4s up to 20mm calibre; and
(b) must not contain high explosive smoke or chemical or lachrymatory agents.
(4) Any ammunition kept in the collection must not be disposed of except—
Sch. 2 item 7(4)(a) amended by No. 22/1998 s. 40(h)(i).
(a) to another person who is the holder of a firearms ammunition collectors licence; or
Sch. 2 item 7(4)(b) amended by No. 22/1998 s. 40(h)(ii).
(b) to a licensed firearms dealer; or
Sch. 2 item 7(4)(c) inserted by No. 22/1998 s. 40(h)(ii).
(c) through the agency of a licensed firearms dealer.
Sch. 3 amended by Nos 84/1997 s. 47, 22/1998 s. 41 , 28/2003 s. 74, 78/2005 s. 62, 34/2008 s. 143(Sch. 2 item 7.2), 55/2009 s. 21, 12/2012 s. 12, 82/2012 s. 99, 37/2014 s. 10(Sch. item 63.19), 20/2015 s. 58, 2/2018 s. 36, 20/2019 s. 172.