Exemption for swapping like firearms and replacement under warranty

What is a like-for-like or warranty swap exemption?

Under the Weapons Regulation 2016, the Commissioner has granted an exemption to licensees from the requirement to hold a permit to acquire a firearm when swapping or replacing a firearm (the old firearm) under warranty with a new firearm when the new firearm:

• is of the same category of weapon as the old firearm
• has the same action and cartridge as the old firearm
• has the same calibre as the calibre, recorded in the firearms register, of the old firearm.

The old firearm must be registered to the licensee's licence, the licensee's licence must authorise the possession of the new firearm and, as a result of the swap, the licensee must not add to the number of firearms held under the licence.

How do I perform a like-for-like or warranty swap for firearms?

You should contact your licensed Queensland firearms dealer to discuss whether the firearm you currently hold is suitable for like-for-like or warranty swap.

To assist your dealer, you should provide them with a copy of the Permit to Acquire or Notice of Transaction Involving a Weapon (Form 10) documents you received when you acquired the weapon.

Exemption:

Weapons Act 1990
Section 2(1)(m)
Exemption
71004051-00

I, Katarina Carroll, Commissioner, Queensland Police Service, having been delegated the authority to issue exemptions pursuant to the provisions of Section 2(1)(m) of the Weapons Act 1990,

hereby grant, holders of a Weapons Act Licence type:

• blank-fire firearms licence,
• concealable firearms licence,
• firearms licence,
• firearms licence (instructor),
• firearms licence (group),  
• miscellaneous weapon licence,
• theatrical ordnance supplier licence,
• security licence (guard) – sole provider, or
• security organisation licence

(herein after referred to as the exempted persons)

an exemption from the application of those provisions of the Weapons Act 1990 specified herein (A) expressly and solely for the stated purpose (B) and subject to conditions (C):

A. Specified provisions:

Weapons Act 1990, section 35, 36, 49, 71 & 77 (conditional – see conditions)

Weapons Regulation 2016 section 56, 57, 103, 154A & 154B (conditional – see conditions)

B. Purpose 

To permit the exempted person/s to attend a licensed Queensland dealer to dispose a firearm/weapon (old firearm) that is currently registered to their Queensland licence and acquire a like firearm (new firearm) of the same type where the below conditions and limitations are adhered to.

To permit the dealer to acquire the old firearm from the licence holder and dispose of the new firearm that must be registered to their dealer licence of the same category, action and named calibre and cartridge of the old firearm, without the need for a permit to acquire as required by Section 35(1)(b) of the Weapons Act 1990.

The exempted person will not, as a result of the exchange, add to the number of firearms held under the licence number, as the exempted person has previously provided a genuine need for the type of firearm/weapon they are acquiring in replacement of an older firearm.

This standing exemption shall remain in force in accordance with Sections 154A and 154B of the Weapons Regulation 2016, until the 19^th day of May 2030 unless sooner cancelled or revoked and is subject to the following conditions:

C. Conditions

General

1. The licensed Queensland dealer completing the transaction must check the following items for confirmation of registration to the exempted person:
   • Holds a current Queensland Weapons Act Licence; and
   • Confirmation of registration of the firearm/weapon to their licence prior to completing the transaction by:
     • If a current weapons list cannot be provided, contact with Weapons Licensing to confirm the firearm is registered to the exempted person.
     • Current weapons list; or
2. The licensed Queensland dealer completing the transfer must complete the following steps:
   • For a like-for-like swap, complete a single Form 10 for the acquisition and disposal, state clearly the transaction is a like-for-like swap. The acquired is the weapon coming into the dealer, and the disposed is the weapon leaving the dealer; or
   • For a warranty replacement, complete a Form 10 for each transaction involving the movement of the acquired weapon. On the Form 10 disposing the new firearm state clearly the transaction is a warranty replacement swap and state which old firearm is being replaced; and
   • Forward the original Form 10 in accordance with Section 71(3) of the Weapons Act 1990 and record the transaction in the dealer’s register.

Limitations

The circumstances mentioned in Section 154B(2) of the Weapons Regulation 2016 and the following limitations:  

1. The old firearm must be registered in possession to the exempted person disposing of the firearm.

2. The new firearm must be registered to the licensed Queensland dealer completing the transaction.

3. With the exception of a replacement under manufacturer warranty, the transaction for swapping like firearms must take place on the same day.

4. The new firearm must be of the same type, which means the same category, action and named calibre and cartridge as the old firearm.

5. The exempted person must register the new firearm to the same Queensland licence number as their old firearm was registered.

6. As a result of the swap, the exempted person will not add to the number of firearms held under the licence number, as the exempted person has previously provided a genuine need for the type of firearm/weapon they are acquiring in replacement of an older firearm.

7. Collector Licence (Heirloom) or (Weapons) are not subject to this exemption and do not have the ability of ‘swapping like firearms’ due to the collectable nature of firearms/weapons registered under this type of licence and the proof required to be supplied under Section 77 of the Weapons Act 1990.

Examples of, but not limited to:

Issued at Brisbane this 19^th day of May 2020.
Katarina Carroll
Commissioner
Queensland Police Service