Thread: puzzled about regulations re replica firearms

Originally Posted by macklin

I was the original poster and I sent an email and recieved an answer from licensing service-IMD-OIC, BUT I do not know how to insert it in a post, the only alternative I have is to type it out.

Thanks

You could scan it and then post it as either an image or PDF.

Originally Posted by macklin

I was the original poster and I sent an email and recieved an answer from licensing service-IMD-OIC, BUT I do not know how to insert it in a post, the only alternative I have is to type it out.

Thanks

If it was an email, you can copy and paste.

If in PDF you can put it in as attachment by uploading like you would a photo.

If all that bamboozles you send it to me and I will put it up.

I hope I did this right, unless I have missed something i dont think they fully answered

Dear Sir,


Thank you for your enquiry regarding replica firearms.



Firstly, please note that currently there are no legislative definition for 'replica' firearms. In Victoria, replica firearms are considered as being detailed, working copies of established firearms which can fire, or can be altered to fire. They are considered to be firearms and placed under the same licensing and registration system as real firearms. They are subject to licensing, registration and storage requirement provisions of the Firearms Act 1996 (the Act).




If a firearm has the appearance of an operable firearm, but cannot fire and cannot be altered to fire, it is considered to be an imitation firearm. In Victoria, imitation longarms can be owned with a lawful excuse and imitation handguns are treated in the same manner as operable firearms (i.e. they must be registered and can only be held under a Category 2 Firearms Collectors licence. To be eligible for a Category 2 licence you must first obtain a category 1 licence and maintain the licence for a minimum of 2 years with a minimum of 11 firearms held under that licence).




As of 1 July 2011, due to legislative change, imitation firearms (both longarms and handguns) will be classified as ‘Prohibited Weapons’. Prohibited weapons will only be able to be possessed, carried, used, sold, purchased and/or imported with a Chief Commissioner Approval or a Governor in Council Exemption Order. Registration requirements do not apply to prohibited weapons.



If you have any further queries, please contact Licensing Services Division at [email protected] or 1300 651 645.



Regards,



Licensing Services Division






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From: LICENSING SERVICES-IMD-OIC
Sent: Monday, 7 March 2011 11:52 AM
To: Brickle, Trent
Subject: FW: replica firearms


The below e-mail request must be actioned. If a response is deemed necessary, please forward it to: LICENSING SERVICES-IMD-OIC in a timely manner.




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From: Jean [mailto:[email protected]]
Sent: Saturday, 5 March 2011 10:54 AM
To: LICENSING SERVICES-IMD-OIC
Subject: replica firearms


If replica firearms are illegal in Victoria, why can i buy replica firearms from a shop in Highpoint
such as AK 47/ Thompson submachine gun/ various pistols/ and rifles. I asked the shop
attendant why they could sell them and i was told if they have a red tip they are legal.

How is it they are illegal but I can buy one, I do not understand.

Would you please explain how this is possible, to make matters more confusing the
Gold Coast War Museum previously stated they were illegal in Victoria but now states
the following " we can only send replica pistols to an address in Vic/Queensland/WA"

Are they illegal or not, do I need a licence or not, if they are illegall how can I buy one openly.

This all seems like total confusion. I might add they are made of metal and are identical to the real
thing. I do not understand.

Hope you reply ???????

John Macklin my question which is at the tailend of the email

If you look further down my email I think you will find they did not answer my question completely, I am still confused after all this

thanks

You are quite correct - they have cleverly skated around the edges & avoided giving any real answer to your question.

Their 'offical' web sites are also very uninformative in a real sense - I didn't realize that a 'Swiss Army pocket knife' was actually a brush clearing tool - but the Victorian Police seem to think it is, which is pretty standard it seems - 'Everything that is not permitted is prohibited' is supposed to have been official policy in the old USSR, and it seems to be being adopted here by government functionaries across the board.

Put that soap box away I say.....

Macklin, this may make it clearer. Legally, there is no class of replica firearm. There is at present a class called imitation firearm, effectively the same thing to a laypersons mind but legally they are different things
If it is either an imitation longarm or a genuine longarm that has been disabled such as firing pin filed off that could be made to fire, then it is a firearm that you need a license to own it.
If it is either an imitation longarm or one that could never be returned to an operable state, then no need for a license. However, you would have to show that you had a lawful excuse to have it such as it is a toy or of sentimental value perhaps.
Handguns are a completely different story though. If it looks like a handgun then it is a handgun and has to be registered and you need a license.
This all changes in july this year when defence of lawful excuse is no longer available to you as I understand it.
As for how a shop can sell the items you describe, they would have to be a licensed gun dealer I suspect.