Thread: FAL question

Hey team,

I'm in the process of renewing my license, currently being vetted, that's what they told me when I rung them a few weeks ago.
Question is, can I still sell a firearm whilst waiting for my new one?

Has your license expired?

If so, had you applied for renewal plenty early? How early?

If you gave em plenty of time, then do as you see fit. They drop the ball, why should you accommodate them?

And I don't ever remember hearing anyone say you need a license to sell a firearm privately. Just to buy it. Could be wrong on that one, but I still don't see a problem with doing so.

Another question could be is your license still current ? if yes then you can buy and sell rifles with no worries.

lol snap 40mm

Actually if you don't have a license then you aren't allowed to have a firearm, let alone sell one I would think

Originally Posted by rugerman

Another question could be is your license still current ? if yes then you can buy and sell rifles with no worries.

lol snap 40mm

Actually if you don't have a license then you aren't allowed to have a firearm, let alone sell one I would think

Yeah, but if he is supposed to have a license but the PNHQ dropped the ball and didn't get his renewal done in a fair time, then he is hurting nobody by selling the gun to a licensed person. No different than giving or loaning it to someone to hold until his license has bee renewed.

You almost got me there Rugerman! But I did ask if his license was expired! : )

We must remember that the law is an arse.
Unfortunately we must follow that arselaw, even if those who are tasked with enforcing it do not.

"Arselaw" a terrible side on your plate at a terrible BBQ

Yes my license is expired,but I applied to renew it 5 months before it was due to expire

Your can't sell a firearm if your firearms licence has expired. Also, the person buying the firearm must sight a current firearms licence belonging to the seller.

If your FAL has expired you 'should' have them safely stored by someone who has a current FAL.
Said person could 'sell' a firearm on your behalf.
IE, A legal mate with you when you make the trade is all good in my mind. (I'm not a lawyer or legal buffoon)

Can't sell, can't buy, can't possess. You need to hand them in to Police, who will loose 3, confiscate one as it meets some definition of illegal and destroy it, and accidentally hand the other two to some other firearms owner. They will take you to court for owning the one they deemed illegal, querry why firearms registered to you are now possessed by the bloke to whom they gave them, and pay you half the value of the lost ones. The next day your licence will arrive in the mail.

Have fun.

Originally Posted by 10-Ring

Also, the person buying the firearm must sight a current firearms licence belonging to the seller.

I can find nothing in the legislation about the buyer needing to confirm the seller has a FAL.

Originally Posted by Cigar

I can find nothing in the legislation about the buyer needing to confirm the seller has a FAL.

Same here.

Also the whole 'your license has expired hand them in or transfer to a FAL holder' is police policy is it not??

Well, I know what I would do.

Not policy - it is the law. You may not possess a firearm without a current (valid) firearm licence. It is up to you to make arrangements for their safe keeping by someone that is licenced. The person needs to confirm your new licence is current by sighting it before they hand your firearms back to you, or they commit an offence. They also commit an offence if they return the firearms to you and you haven't yet received the new licence.
Fluff around this at your peril. It is hot enough fuel to burn any chance of a renewal if you are found to be in possession of illegally held firearms.

Originally Posted by Bol Tackshin

Not policy - it is the law. You may not possess a firearm without a current (valid) firearm licence. It is up to you to make arrangements for their safe keeping by someone that is licenced. The person needs to confirm your new licence is current by sighting it before they hand your firearms back to you, or they commit an offence. They also commit an offence if they return the firearms to you and you haven't yet received the new licence.

Well, seeing as the gun is in unlicensed hands now. Then does the law say what the unlicensed, person is to do if they are put into a position where they have a firearm due to the police not doing their job to the required standard?
This is an impossible situation, the gun is to be put into the hands of a licensed person, solving the problem.
No judge in their right mind would hear a case like that. Well I would throw the prosecuter out of the court room if I were the judge. And punish them for being a dickhead.

@40mm - you are exactly right. I would also give it to a licenced person at earliest opportunity.
Because there was ample opportunity to do so before the licence expired the authorities may take a dim view of the situation, and gambling on getting a policeman / prosecutor / judge in their right mind isn't something I would be betting my licence on. Absolutely agree this was allowed to happen by police being very tardy at their job. My licence renewal came through in 6 months and 1 day, only after I kicked up a stink at the 4.5 month mark and asked ACT to investigate.