Patblyth wrote:Hi all,
Pardon my ignorance if this is a foolish question but is there any way to bring a pistol to Australia (NSW specifically) from the United States ? I am originally Australian, been living in the US for many years now, about to likely purchase my first pistol but it's looking like I will be returning to Australia within the year. Is there any way to legally bring in a semi-auto pistol for ownership when making the move back ? I have briefly read about the process of getting the correct license to own a pistol whilst living in Australia to begin with but was unsure of the ability to bring in an already-owned weapon from the US ?
Any help would be much appreciated.
Thanks!
brett1868 wrote:Depending on the pistol and it's value it may be a more economical option to leave in in the US and buy something when you're settled and properly licensed in Aus. Assuming it's something special then you will need to engage a FFL exporter in the US to prepare the paperwork and ship it to a licensed Australian dealer in the state you intend living in. Expect to pay $300-$500 USD for this service then add approximately another $200 AUD in local dealer fees. Before you can take possession you will need to join an approved club, complete their safe handling course, apply for a license, then wait out a 6 month probation, install approved storage, and then you can submit your first 2 PTA's which will take a minimum of 28 days to process + 5 days to arrive via mail. If the pistol is >.38 the add another 6 months to the process in order to obtain a Large Caliber Pistol Permit and obtain a PTA. If it's not "Club" legal then you'll need a "Cat G - Collectors" license which has it's own set of rules around obtaining, storage and long timelines.
In order to best help you can you let me know what pistol/s are you seeking to import and what city are you moving to? I'm also assuming you're an Australian citizen
Regular handgun PTAs are running at about 6wks ATM even with the online system, so add that to the 28 day waiting period...they're not like longarm PTAs
bladeracer wrote:You understand that we can only use handguns at approved ranges?
Nigel wrote:bladeracer wrote:You understand that we can only use handguns at approved ranges?
regulation 33 specifically permits a cat H licence holder to use a pistol on any land, where it would not otherwise be illegal, for the purpose of sighting in, tuning or familiarisation with or testing of ammunition.
Chinballs wrote:Nigel wrote:bladeracer wrote:You understand that we can only use handguns at approved ranges?
regulation 33 specifically permits a cat H licence holder to use a pistol on any land, where it would not otherwise be illegal, for the purpose of sighting in, tuning or familiarisation with or testing of ammunition.
For starters it doesn't specifically permit anything of the sort in regards to Cat H. The bit where it says would not otherwise be illegal
is also a bit of a problem for you because it is illegal. I can't remember the section of the Act or Regulations but if you email Firearms Registry I'm sure they can give it to you.
Chinballs wrote:For starters it doesn't specifically permit anything of the sort in regards to Cat H.
33 Licences and permits extend to authorise sighting in, patterning and related activities
(1) The authority conferred by a licence or permit that authorises the use of a firearm by a person extends to include the use of a firearm by the person for the purposes of any of the following activities:
(a) sighting in the firearm (including sight alignment and including patterning of a shotgun),
(b) tuning of the firearm (including the adjusting or aligning of a shotgun),
(c) familiarisation with or testing of ammunition,
(d) practising on stationary targets (or moving targets in the case of a shotgun) but only for the purposes of an activity referred to in paragraphs (a)–(c).
(2) This clause authorises the use of a firearm on any land on which use of the firearm is not otherwise unlawful and is not limited to use at an approved shooting range.
(3) This clause does not authorise:
(a) the use of a firearm to participate in shooting activities conducted by a shooting club at an approved shooting range except the specific activities referred to in subclause (1), or
(b) the use of a shooting range otherwise than in accordance with the approval of the shooting range, including any conditions subject to which the approval was granted.
(4) For the removal of doubt, this clause does not prevent a person who is the holder of a licence or permit from using a firearm at an approved shooting range pursuant to the exemption conferred by section 6B of the Act.
Nigel wrote:Chinballs wrote:For starters it doesn't specifically permit anything of the sort in regards to Cat H.
Have you read the provision?
https://www.legislation.nsw.gov.au/#/view/regulation/2017/442/whole
It authorises licence and permit holders to engage in a specific list of activities. A category H licence is a licence for the purposes of this provision.33 Licences and permits extend to authorise sighting in, patterning and related activities
(1) The authority conferred by a licence or permit that authorises the use of a firearm by a person extends to include the use of a firearm by the person for the purposes of any of the following activities:
(a) sighting in the firearm (including sight alignment and including patterning of a shotgun),
(b) tuning of the firearm (including the adjusting or aligning of a shotgun),
(c) familiarisation with or testing of ammunition,
(d) practising on stationary targets (or moving targets in the case of a shotgun) but only for the purposes of an activity referred to in paragraphs (a)–(c).
(2) This clause authorises the use of a firearm on any land on which use of the firearm is not otherwise unlawful and is not limited to use at an approved shooting range.
(3) This clause does not authorise:
(a) the use of a firearm to participate in shooting activities conducted by a shooting club at an approved shooting range except the specific activities referred to in subclause (1), or
(b) the use of a shooting range otherwise than in accordance with the approval of the shooting range, including any conditions subject to which the approval was granted.
(4) For the removal of doubt, this clause does not prevent a person who is the holder of a licence or permit from using a firearm at an approved shooting range pursuant to the exemption conferred by section 6B of the Act.
Chinballs wrote:The bit where it says would not otherwise be illegal is also a bit of a problem for you because it is illegal. I can't remember the section of the Act or Regulations but if you email Firearms Registry I'm sure they can give it to you.
brett1868 wrote:the only approved genuine reason for Cat H is target shooting on an approved range
dpskipper wrote:Pistols can only be used at ranges, so these clauses are irreverent for pistols.
pomemax wrote:...or under the authority conferred by clause 33 (Licences and permits extend to authorise sighting in, patterning and related activities).
AT AN APPROVED RANGE ONLY And anyone with a Cat H should know that
Ziad wrote:Rotfl... man are you a lawyer...or a normal person.
Same as I don't diagnose my kid if they are sick... but take them to a qualified doctor... you can discuss your theory with a lawyer and ideally someone who is a speacilist in firearms law in NSW. Maybe you are right and you have found the biggest loophole in the law ever.
but the common sense answer here is that your reasoning has to be flawed.
7A Offence of unauthorised possession or use of firearms generally
(1) A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.
Maximum penalty: imprisonment for 5 years.
(2) Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person:
(a) uses a firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the firearm, or
(b) contravenes any condition of the licence.
pomemax wrote:Sport/target shooting
A licence that is issued for the genuine reason of sport/target shooting is subject to the following conditions (in addition to any other conditions to which the licence is subject):
(a) the licensee must comply with any applicable requirements of Part 10 (Participation requirements for club members),
(b) the licence does not authorise the use of a firearm except at a shooting range approved under Part 8 or under the authority conferred by clause 33 (Licences and permits extend to authorise sighting in, patterning and related activities).
dpskipper wrote:I think you're only looking at one legal area Nigel instead of the whole picture. Whilst one document might say that you can sight in firearms on private property, another, separate document says that Cat H people must use pistols at and approved range only. One does not cancel out the other...
brett1868 wrote:Regular handgun PTAs are running at about 6wks ATM even with the online system, so add that to the 28 day waiting period...they're not like longarm PTAs
I just got 2 back in 35 days including the 28 Day wait so it's not too bad at the moment. Regular pistol is taking 2 weeks and High Cal around 3 weeks with the new online system. These 2 are H3 and as they are the first in that category I had to wait the 28 days which is a bit retarded as I have multiple pistols in other categories. The B2 & A2 PTA's were 5 days from application till arrival in the mailbox which is a vast improvement on several months ago when they were taking 4-6 weeks.
brett1868 wrote:Nigel,
That section of legislation you're quoting is not applicable to handguns and was introduced to allow farmers / pest controllers to zero their firearms on private property. Prior to the 2017 amendment it was technically illegal to test ammo or zero a rifle on private property, as stupid as that sounds it's a fact.