firearm dealers guide for category h articles
firearm dealers guide for category h articles
Legislative changes that came into effect on 20 December 2002 restrict the types of handguns that can be imported by sporting shooters, or be obtained from certified firearms dealers. Disposal of newly imported handguns to sports shooters is now limited to the following types:
- Handguns with a calibre not greater than .38", unless the handgun is required for participation in a specially accredited sporting event, in which case the calibre must not be greater than .45".
- Semi-automatic handguns with a barrel length of at least 120mm.
- Revolvers or single shot handguns with a barrel length of at least 100mm.
Magazines and cylinders for handguns must have a capacity of not more than 10 rounds, whether fitted or imported individually.
Handguns specifically designed, modified or adapted for competition target shooting are excluded from the barrel length restriction.
Black powder muzzle loading pistols and cap and ball percussion fired revolvers are not subject to the new restrictions.
Importing Dealers require a B709D issued by State/Territory Police which certifies that the importer is licensed or authorised to possess the category H articles in that State/Territory.
Importing dealers
At the completion of Customs formalities an initial stock of newly imported category H articles will be released to the importer subject to the importer presenting a certificate issued by Customs, the remainder will be transferred to the Customs Store for storage.
The Customs certificate will have a limit of the stock able to be held by an importer/dealer. The limit will generally be a maximum of 10 newly imported category H articles unless specific requirements are complied with when the applicant lodges an application for certification with Customs.
The certificate will only be valid for a period of 12 months after issue or until the expiry of the relevant State or Territory Dealers License, which ever is the lesser.
The release of newly imported category H articles will be conditional on the importer only selling to a certified end user or to a firearms dealer who has been certified by Customs to hold imported category H articles, including restrictions on sales to certified sports shooters.
The importer may not access additional stock held in Customs Stores or newly imported stock (after the initial release) unless they present to Customs, evidence of a legitimate sale to an end user, or to a firearms dealer in the form of a B709CA for the stock originally released. The importer may only obtain the volume required to take them up to the amount they have been originally certified for.
For an importer to sell to a firearms dealer, the importer must obtain a dealers declaration form from the dealer that the amount requested will not cause them to exceed the amount listed on their certificate.
Customs will have the capacity to increase the certified stock limit if the importer can justify an increase and also the capacity to withdraw certification if conditions have been breached.
Non importing dealers
All licensed firearms dealers may obtain an initial release of up to 10 newly imported category H articles for stock purposes from a firearms importer provided the dealer presents a declaration in the form of a B709F, that they have been certified by Customs to possess that amount.
A dealer may obtain new stock in excess of 10 subject to the approval of Customs.
To obtain release of the handguns the dealer MUST present the importer with a declaration stating that;
- they are a licensed firearms dealer,
- have a certificate from Customs that allows them to possess a set amount of newly imported category H articles (excluding handguns held prior to the implementation of the legislation in 2002),
- the amount requested will not cause the dealer's stock to exceed the maximum they are certified to possess,
- and if replacing previously obtained stock that the firearms previously released have been legally disposed of.
There is no requirement for the dealer to obtain permission from the relevant jurisdictions for release of top up stock. The declaration is the only requirement.
Customs have the capacity to increase the certified stock limit if the dealer can justify an increase and also the capacity to withdraw certification if conditions have been breached.
Certification procedures
- All importing and non importing dealers who require newly imported category H articles for stock purposes must be certified by Customs.
- Applications for certification may be obtained from Customs or each State/Territory, Police Firearms Registries or from the Firearms Dealers and Traders Association.
- Certifications will be required to be renewed on an annual basis.
All applications for certification should be directed to:
The Manager
Firearms and Weapons Policy
Trade Policy & Regulation Branch
Australian Customs Service
5 Constitution Ave
Canberra ACT 2601
Telephone 02 6275 6567
Facsimile 02 6275 6699
E-mail: weaponspolicy@customs.gov.au
- All importing and non importing dealers are eligible to be certified to hold up to 10 newly imported category H articles. Provisions apply for these dealers to hold in excess of 10 newly imported category H articles if they meet set criteria.
- When applying for certification the applicant must provide a copy of their current firearms dealers licence.
- Prior to issuing the certificate Customs will verify with the relevant police firearms registry that the licence is current and has not been suspended or revoked.
- If the applicant intends to apply for a certificate for more than 10 category H articles then they must also comply with the following.
- provide details of relevant disposal
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- Documented evidence and details of disposals of newly imported category H articles for the period 6 months immediately before the date of the application.
- a statement to the effect that;
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- the place where the person intends to store the articles meets the requirements of the law of the State or Territory where the place is
- the person has met the record- keeping requirements under the laws of the State or Territory where the person carries on business as a firearms dealer in relation to the person's business (having regard, in particular, to the accuracy and timeliness of the persons records).
- details any firearms related offences within a period of 10 years immediately before the date of application, and
- the person consents to criminal records being checked for the purposes of deciding whether to issue the certificate to the person.
- It is the responsibility of the certified dealer to notify the Chief Executive Officer of Customs (CEO) or authorised officer of any change to the person's circumstances in relation to the persons business as a firearms dealer.
Revocation of certificate
- The legislation also allows for Customs to revoke a certificate under the following circumstances;
- the certificate holder ceases to be a licensed firearms dealer, or
- the place where the certificate holder stores the category H articles does not meet the storage requirements of the law of a State or Territory, or
- in the case of a certificate holder who is certified to hold more than 10 newly imported category H articles, the certification is not appropriate having regard to
- the average number of category H articles disposed of by the certificate holder under the certificate in the period 6 months immediately before the revocation; and
- evidence supplied by the certificate holder in relation to the number of articles likely to be required in the period of 6 months after the revocation, for disposal purposes or other purposes; or
- the certificate holder has made a false or misleading statement in the application for certification or in the declaration to Customs to obtain stock; or
- the certificate holder is holding more category H articles than certified to hold; or the certificate holder has been convicted of a firearms offence within 10 years immediately before the revocation; or
- the certificate holder failed to notify the CEO or an authorised person of any change to the certificate holder's circumstances in relation to the person's business as a firearms dealer; or
- the CEO or an authorised person is satisfied that it is not appropriate for the certificate holder to hold category H articles for stock purposes.
Please direct any queries concerning certification or the requirements of the legislation to:
Firearms and Weapons
Telephone 02 6275 6567
Facsimile 02 6275 6699
E-mail: weaponspolicy@customs.gov.au
B709G - Application for Category H Articles Stock Certificate