Magazine Capacity/Ownership Victoria

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Magazine Capacity/Ownership Victoria

Post by cracker » 13 Jan 2019, 10:33 am

Just wondering if anyone knew what the legislation regarding the owner ship of magazines.
For example is there any legal reason someone cant not own a 30round ak magazine or an owen f1 30round magazine, obviously very few people could actually own the firearm these attach too.

Is there anything in the legislation that prevents ownership of such things... the magazine that is not the firearm.

What about if i own for example a ruger american with a 10shot rotary magazine but then i happen to purchase a 25-30 round banana mag just because i like the look of it, and it never gets used in the gun because that would make it cat d. is there any reason why i cant own that magazine?
IV seen bren gun mags for sale before at gun shows and ak/ar mags but id like to actually know what the correct answer is to the letter of the law.
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Re: Magazine Capacity/Ownership Victoria

Post by dpskipper » 13 Jan 2019, 5:13 pm

Yes, centerfire mags are limited to 10 rounds in VIC. Ownership of a centerfire mag larger than 10 rounds requires a cat D licence.
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Re: Magazine Capacity/Ownership Victoria

Post by bladeracer » 13 Jan 2019, 5:37 pm

dpskipper wrote:Yes, centerfire mags are limited to 10 rounds in VIC. Ownership of a centerfire mag larger than 10 rounds requires a cat D licence.


But you don't need a licence at all to own 10rd mags here?
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Re: Magazine Capacity/Ownership Victoria

Post by No1Mk3 » 13 Jan 2019, 7:40 pm

If you have a Victorian Firearms licence, Schedule 2 of the Act forbids you to possess a magazine for that Category of Licence that has a higher capacity than allowed by the Act. Those of us who do own such things, have a Collectors Licence, Cheers.
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Re: Magazine Capacity/Ownership Victoria

Post by marksman » 13 Jan 2019, 7:52 pm

No1Mk3 wrote:If you have a Victorian Firearms licence, Schedule 2 of the Act forbids you to possess a magazine for that Category of Licence that has a higher capacity than allowed by the Act. Those of us who do own such things, have a Collectors Licence, Cheers.


or a dealers licence :thumbsup:
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Re: Magazine Capacity/Ownership Victoria

Post by cracker » 13 Jan 2019, 8:15 pm

No1Mk3 wrote:If you have a Victorian Firearms licence, Schedule 2 of the Act forbids you to possess a magazine for that Category of Licence that has a higher capacity than allowed by the Act. Those of us who do own such things, have a Collectors Licence, Cheers.


I have a collectors license... where in the act does in specify that it can be held under a collectors license...
A mate of mine brought an owen gun magazine, sten and think a thompson smg mag... and they didnt sight any license because they said they are regulated ?
Honestly just interested in collecting some magazines but dont want to run fowl of the law.
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Re: Magazine Capacity/Ownership Victoria

Post by dpskipper » 13 Jan 2019, 9:07 pm

cracker wrote:
No1Mk3 wrote:If you have a Victorian Firearms licence, Schedule 2 of the Act forbids you to possess a magazine for that Category of Licence that has a higher capacity than allowed by the Act. Those of us who do own such things, have a Collectors Licence, Cheers.


I have a collectors license... where in the act does in specify that it can be held under a collectors license...
A mate of mine brought an owen gun magazine, sten and think a thompson smg mag... and they didnt sight any license because they said they are regulated ?
Honestly just interested in collecting some magazines but dont want to run fowl of the law.


Pretty sure you won't be able to own 30rd AK mags as they are over the 10 round capacity. I think magazines are also classified as a firearms part, thus ownership needs a licence.
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Re: Magazine Capacity/Ownership Victoria

Post by cracker » 13 Jan 2019, 9:21 pm

S. 134A(2)
inserted by
No. 50/2007
s. 37.
134A
(2) A person must not increase the magazine capacity
of a firearm if the increase in the magazine
capacity would cause the firearm to become a
different category of firearm unless, before doing
so, the person obtains the consent of the Chief
Commissione

My take is - If you dont own the firearm your not increasing the capacity.

----------------------------------------------------------------------------------------------------------
Sch. 2
item 1(8)
inserted by
No. 78/2005
s. 61(1).
SPECIAL CONDITIONS FOR LICENCES UNDER PART 2
1 Longarm licences for category A or B longarms

(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—
(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

I dont own the firearm in question nor am i using it or combining it with a rifle.

-------------------------------------------------------------------------------------------------------
(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—

- once again possess carry or use in combination... i dont own the firearm in question

thats all i could really find in the act though, nothing stating you can own magazines....

Ill ring LRD tomorrow and see if they can point me in the correct direction with some relevant legislation and report back.
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Re: Magazine Capacity/Ownership Victoria

Post by cracker » 13 Jan 2019, 9:22 pm

marksman wrote:
No1Mk3 wrote:If you have a Victorian Firearms licence, Schedule 2 of the Act forbids you to possess a magazine for that Category of Licence that has a higher capacity than allowed by the Act. Those of us who do own such things, have a Collectors Licence, Cheers.


or a dealers licence :thumbsup:


thats the next box to tick, need that e license !
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Re: Magazine Capacity/Ownership Victoria

Post by bladeracer » 13 Jan 2019, 11:29 pm

dpskipper wrote:Pretty sure you won't be able to own 30rd AK mags as they are over the 10 round capacity. I think magazines are also classified as a firearms part, thus ownership needs a licence.


My understanding is that magazines are not classed as regulated firearm parts, no licence required. Same with barrels and most other bits and pieces. Only the receiver is classed as the firearm.
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Re: Magazine Capacity/Ownership Victoria

Post by No1Mk3 » 14 Jan 2019, 12:56 am

The wording of Sch.2 is specific, "may not possess" comma. That means, whether you have the appropriate firearm or not, merely having a Cat A,B or H firearms licence means you may not have them in your possession. Whether it is a regulated part or not does not matter, Sch.2 specifically prohibits Cat A,B & H Licence holders from owning magazines over the regulated maximum capacity for those Licences. The only "out" would be having no Firearms Licence at all and arguing that the Act doesn't apply, but good luck in Court with that one. As for having a Collectors licence ,cracker, the Act specifies you are allowed to possess Cat D longarms, ergo all accessories for that Category are included, Cheers.
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