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Why Self-Defence Is Never a "Genuine Reason" for a Firearms Licence in Australia

By Recording Law Editorial Team10 min read
Why Self-Defence Is Never a "Genuine Reason" for a Firearms Licence in Australia

Frequently Asked Questions

Can I get a firearms licence in Australia for home protection?

No. Every Australian jurisdiction excludes personal protection, including protection of the home, from its genuine-reason or authorised-purpose test for a firearms licence. This is confirmed in the current legislation of all eight states and territories.

Which state has the strictest wording against self-defence firearms licences?

Western Australia's Firearms Act 2024 s 25 is the most direct of the eight, headed "No licence for personal protection" and stating outright that a licence must not be granted for that purpose.

Do Victoria, Queensland, South Australia and the Northern Territory technically allow self-defence if it isn't expressly banned?

No. These four jurisdictions use a closed list of approved reasons for a firearms licence. A closed list works by exclusion: if personal protection does not appear on the list, it is not an available reason, regardless of whether the Act contains a standalone prohibition.

Is Western Australia's Firearms Act 1973 still in force?

No. It has been replaced by the Firearms Act 2024. Any source, including older articles or forum posts, describing WA firearms licensing under the 1973 Act is describing a repealed regime.

Does South Australia allow a firearm to be licensed to protect property?

No. Firearms Regulations 2017 (SA) reg 25(2) expressly bars the Registrar from approving a miscellaneous-category purpose that consists of or involves the protection of property.

Is there a right to bear arms for self-defence in Australia?

No. There is no Australian equivalent of a constitutional right to bear arms, and no state or territory firearms licensing scheme recognises self-defence as an available reason to be issued a licence.

What genuine reasons are actually available for a firearms licence?

This varies by jurisdiction but commonly includes sport or target shooting, recreational hunting, primary production, occupational or business need, animal welfare or pest control, and firearms collection, each with its own evidentiary requirements set by the relevant state or territory's firearms registry.

Sources and References

  1. Firearms Act 1996 (NSW) s 12, Genuine reasons for having a licence(austlii.edu.au)
  2. Firearms Act 2024 (WA) s 25, No licence for personal protection(austlii.edu.au)
  3. Firearms Act 1996 (Tas) s 37, Genuine reasons(austlii.edu.au)
  4. Firearms Act 1996 (ACT) s 62, Adult firearms licences, no genuine reason to possess or use firearms(austlii.edu.au)
  5. Firearms Act 1996 (Vic) s 10, Reasons for applying for longarm licence, category A or B(austlii.edu.au)
  6. Firearms Act 1996 (Vic) s 11, Reasons for applying for a longarm licence, category C(austlii.edu.au)
  7. Weapons Act 1990 (Qld) s 11, Genuine reasons for possession of a weapon(austlii.edu.au)
  8. Weapons Regulation 2016 (Qld) reg 7, Additional reasons for possession of weapon(austlii.edu.au)
  9. Firearms Act 2015 (SA) s 12, Licence categories and authorised purposes(austlii.edu.au)
  10. Firearms Regulations 2017 (SA) reg 25, Category 12 (miscellaneous) licences(austlii.edu.au)
  11. Firearms Act 1997 (NT) s 11, Genuine reason for licence(austlii.edu.au)
  12. Control of Weapons Act 1990 (Vic) s 6, Control of controlled weapons(austlii.edu.au)
  13. Police Offences Act 1935 (Tas) s 15C, Dangerous articles(austlii.edu.au)
  14. Firearms Act 1996 (NSW) s 8, Licence categories and authority conferred by licence(austlii.edu.au)
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