Advertising the sale of firearms laws

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Advertising the sale of firearms laws

Post by Aster » 07 Nov 2013, 8:00 pm

This is a post for anyone who currently is, or is looking to advertise the sale of a firearm, particularly in Victoria.

It was my understanding (and everyone else's as far as I know) that as long as the shooters license, rifle serial number and in some cases transferring dealers number were listed, advertising the sale of a firearm through a website which does not belong to a licensed dealer was no problem.

In another forum topic, a fellow forum member (thanks VICHunter) brought to our communities attention that according to the Vic Pol website and sections of the firearms act, it appears to be illegal to advertise the sale of a firearm in Victoria without a dealer license. I'm sure many will think this is a pointless law, but that's the way it is as I read the documentation.

To help forum members avoid accidentally doing the wrong thing when advertising the sale of their firearms, the following are extracts from the firearms act and various state websites. Best you get the info from the powers that be rather than any advertising sites, just in case they have made an honest mistake.

New South Wales
Source - http://www.austlii.edu.au/au/legis/nsw/ ... 2/s54.html

FIREARMS ACT 1996 - SECT 54
Advertising sale of firearms
54 Advertising sale of firearms
(cf APMC 10 (a))
A person must not cause an advertisement for the sale of a firearm or firearm part to be published unless:
(a) the person is a licensed firearms dealer, or
(b) the proposed sale is to be arranged by or through a licensed firearms dealer and the advertisement contains such particulars as may be prescribed by the regulations.


New South Wales continued
Source - http://www.austlii.edu.au/au/legis/nsw/ ... /s123.html

FIREARMS REGULATION 2006 - REG 123
Advertising sale of firearms
123 Advertising sale of firearms
For the purposes of section 54 (b) of the Act, the licence or permit number of the seller is prescribed in relation to an advertisement for the sale of a firearm.


Victoria
Source - http://www.austlii.edu.au/au/legis/vic/ ... /s101.html

Firearms Act 1996 - SECT 101
Prohibitions on advertising
101. Prohibitions on advertising

(1) A person must not publish or cause to be published an advertisement which advertises that a firearm is offered for sale by a person who is not a licensed firearms dealer.


Victoria continued
Source - http://www.police.vic.gov.au/content.as ... #advertise

Can I advertise the sale of firearms?
Only licensed firearm dealers may advertise the sale of a firearm. Section 101(1) of the Firearms Act details that it is illegal for a person to publish (or cause to be published) an advertisement for the sale of a firearm by a person who is not a licensed firearm dealer.

The exception to this is where an advertisement is published by an approved club or in a commercially published firearm or shooting sports magazine. Victoria Police does not consider internet websites to fall within the description of a 'commercially published firearms or shooting sports magazine' and will not allow persons or organisations that are not licensed firearm dealers to advertise on the internet.


Queensland
Source - https://www.legislation.qld.gov.au/legi ... onsa90.pdf
37 Advertising sale of firearms
If a person advertises the sale of the person’s firearm, the person must state in the advertisement the firearm’s serial number, if any.


Western Australia
Source - http://www.police.wa.gov.au/LinkClick.a ... tabid=1802

You can advertise your firearms for sale in public advertising columns however, it is preferred that the advertisement is through a recognised, registered firearm magazine linked to a club/association and include the serial number of the firearm. Caution should be taken when supplying your address where the firearms are stored. Note: Do not disclose your address information in the advertisement


South Australia
Source - http://www.austlii.edu.au/au/legis/sa/c ... /s35b.html

FIREARMS ACT 1977 - SECT 35B
35B—Advertising firearms for sale
A person (other than a licensed dealer in firearms) who advertises a firearm for sale must include in the advertisement a statement that transfer of possession of the firearm on sale must take place in the presence of, and be witnessed by, a licensed dealer in firearms, an authorised officer of a recognised firearms club, an authorised Public Service employee or a police officer in accordance with section 15B(9).


Tasmania
Source - http://www.austlii.edu.au/au/legis/tas/ ... /s106.html

FIREARMS ACT 1996 - SECT 106
106. Advertising sale of firearms
A person must not cause an advertisement for the sale of any firearm, firearm part or ammunition to be published unless –
(a) the person is a licensed firearms dealer; or
(b) the proposed sale is to be arranged by or through a licensed firearms dealer.


Australian Capitol Territory
Source - http://www.austlii.edu.au/au/legis/act/ ... /s231.html

FIREARMS ACT 1996 - SECT 231
Advertising sale of firearms
A person shall not cause an advertisement for the sale of a firearm or firearm part to be published unless—
(a) the person is a licensed firearms dealer; or
(b) the proposed sale is to be arranged by or through a licensed firearms dealer.


Northern Territory
Source - http://www.austlii.edu.au/au/legis/nt/c ... /s63b.html

FIREARMS ACT - SECT 63B
Advertising firearm for sale
(1) A person must not advertise a firearm for sale unless the advertisement in respect of the firearm contains the serial number of the firearm.
(2) Subsection (1) does not apply to the holder of a firearms dealer licence who is authorised under the licence to possess the firearm that is advertised for sale.


All information was quoted from the linked source websites on the 7th November 2013, though may change in the future. It's obviously your responsibility to stay updated.

PLEASE NOTE: I am not suggesting that any of the second hand gun listing websites are doing anything deceptive or illegal. I have no doubts over their legitimacy and am not implying any wrong doing or intention to do so on their part. I'm simply quoting the information as written at the time by the relevant authorities.

This topic is really just to highlight the potential issue for Victorian shooters as this information goes against what I understood to be the commonly held belief around what is acceptable in Victoria when advertising the sale of a firearm.

As always, take caution and do your due diligence when researching shooting laws. You're responsible for your own actions so do with this information as you will.
See you on the firing line.
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Aster
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Re: Advertising the sale of firearms laws

Post by Aster » 08 Nov 2013, 12:20 pm

I'm going to lock this thread as I can see it turning into a saga of he said/she said, and I don't want any specific sites highlighted as part of this.

(Sorry to those whose posts I deleted.)

As mentioned above, I'm simply posting this information as I found it, for any who are interested. I'm not saying what is or is not legal, and I'm not telling anyone what they can or can't do.

If anyone can show me some official documentation which shows the above to be incorrect for Victoria, you're welcome to PM it to me and I will update this post. (I stress the word "offical" here. The word of a mate who "knows what he's talking about" doesn't count.)

People are free to use this information, or not, as their situation dictates.
See you on the firing line.
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Aster
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