Frequently asked questions
- Why have firearms been prohibited?
- Which firearms have been prohibited?
- Is it illegal to both use and own these prohibited firearms?
- What are the legal ramifications of owning or using a prohibited firearm after September 30, 1997?
- How have prohibited firearms been collected?
- How do I know they have been destroyed?
- How have people been compensated?
- Who is paid for the compensation, collection and destruction?
- How was this funded?
- Who set the compensation rate?
- Who are now able to own or use firearms?
- Are farmers able to keep their firearms?
- Don't people have a right to own firearms?
- What level of support was there for the changes?
- How many Australians owned firearms before the hand-in and how many guns did they have?
- Are there statistics on firearm use in Australia?
Why have firearms been prohibited?
Not all firearms have been prohibited. Following the tragedy at Port Arthur, at a special meeting of all State and Territory Police Ministers on May 10, 1996, a decision was made to ban semi-automatic and pump action firearms and implement a buy back scheme to encourage the surrender of the newly prohibited firearms.
The resolutions that came from this meeting received the overwhelming support of the community, including Australians in both rural and urban areas. The nationwide reforms have been firmly supported by the Opposition and the Democrats in keeping with the significance of the changes.
Which firearms have been prohibited?
For a complete list of prohibited firearms and the compensation that was paid for them, see the Firearms Catalogue.
Is it illegal to both use and own these prohibited firearms?
It became illegal to use and own newly prohibited firearms when the amnesty ended on September 30, 1997. For details on firearms licensing and registration contact your nearest police station.
What are the legal ramifications of owning or using a prohibited firearm after September 30, 1997?
It is now a serious offence to own or use one of the prohibited firearms and you will face penalties if you are in possession of one. These penalties may include jail terms. For details contact your nearest police station.
How have prohibited firearms been collected?
A general amnesty was declared to give firearms owners time to surrender their prohibited firearms without fear of reprisal or fines, and to receive compensation for the surrender.
How do I know they have been destroyed?
To ensure the safe collection and disposal of prohibited firearms, each State or Territory established secure procedures for the collection and disposal of prohibited firearms.
How have people been compensated?
During the Buyback period gun owners were compensated when they handed in a prohibited firearm. A cheque for the predetermined amount for each specific firearm was handed to owners when they surrendered their firearm at a Collection Centre, or mailed to them later.
Who is paid for the compensation, collection and destruction?
The Commonwealth agreed to pay the entire cost of fair compensation to firearm owners and firearm dealers. The Commonwealth Government agreed to provide:
- the one-off costs of the States and Territories for establishing and administering the buyback schemes and setting up the new licensing and registration systems
- $4 million for a national public education campaign on the new firearm control laws
- $400,000 to upgrade National Exchange of Police Information (NEPI) systems through the creation of a central firearms and licence holder index that links the information databases of all police jurisdictions and enables the standardised exchange of information between the jurisdictions, in a timely manner, and
- $1.5 million towards firearm basic training programs.
How was this funded?
These funds have been raised by the Commonwealth through the increased Medicare levy. The Medicare levy was increased for the 1996/97 financial year, and about $500 million was raised. This meant a rise in the Medicare levy from 1.5 percent to 1.7 percent or an extra $1.40 per week for a person on average weekly earnings.
Who set the compensation rate?
National compensation rates, were based on the average prices listed in dealer catalogues as at March 1, 1996 and were prepared by the Commonwealth Government following extensive consultation with State and Territory governments, and released by the Attorney-General on August 5, 1996.
Who are now able to own or use firearms?
Anyone who has a genuine reason may own a firearm. For example, members of a recognised sporting shooters club, recreational shooters/hunters with permission from a landholder, primary producers and security employees, bona fide collectors that is, those with a demonstrated need will still be able to own firearms, but not those that are now prohibited.
Are farmers able to keep their firearms?
Farmers with a genuine need for a category B or C firearm are able to own one. To use category C firearms, farmers need to satisfy the licensing authority that the use of the firearm pertains to their occupation, cannot be achieved by some other means and that the need cannot be satisfied by a firearm classified as category A. Category C licence holders are only allowed to own a maximum of one rifle and one shotgun of Category C type.
Don't people have a right to own firearms?
There is no constitutional right to bear arms in Australia. Self defence is not accepted in any State or Territory as a reason for owning a firearm. Anyone who uses a firearm in self defence is subject to the provisions of existing State and Territory criminal laws and the courts' interpretations of those laws.
What level of support was there for the changes?
Research results show that more than 60 per cent of Australians supported firearm reform and the banning of these firearms.
How many Australians owned firearms before the hand-in and how many guns did they have?
Two national surveys in 1996 by NewsPoll estimated that 1.3 million Australians over the age of 18 owned a firearm. In a new survey held in June/July 1997 a more accurate figure of gun ownership was reached.
Are there statistics on firearm use in Australia?
In a household where a firearm is kept, it is 48 times more likely that the firearm will be used to kill a member of the household than an intruder.
In the past decade 116 people have been killed in Australia and New Zealand in 14 massacres where four or more people have been shot.
Military style semi-automatic firearms were used by only six of these perpetrators, yet their victims accounted for 74 per cent of the 116 people.
There were 84,000 firearms, excluding military firearms imported into Australia between January and December in 1995.
Research conducted for the Commonwealth in 1996 showed that 10 percent of Australians own a firearm. Sixteen percent of Australians live in a household where there is a firearm.
More information about firearm deaths and injuries in Australia is available in studies conducted by the Australian Institute of Criminology, the Institute of Health and Welfare and the Australian Bureau of Statistics.