91.9 Carriage and discharge of firearms
- (a) Except as provided in paragraphs (c) and (e), no person may--
- (1) carry a firearm in an aircraft; or
- (2) cause a firearm to be carried in an aircraft; or
- (3) permit a firearm to be carried in an aircraft.
- (b) Except as provided in paragraph (d) no person may discharge a firearm while on board an aircraft.
- (c) A firearm may be carried in an aircraft if--
- (1) the firearm--
- (i) is stowed in a place that is inaccessible to every person during flight; and
- (ii) is disabled; or
- (2) the aircraft is being used solely for the carriage of the person or group of persons associated with the firearm; and--
- (i) the operator permits the carriage of the firearm; and
- (ii) the firearm is disabled; or
- (3) the aircraft is carrying livestock and the operator considers it may be necessary to immobilise livestock for the safety of the aircraft or its occupants; or
- (4) the aircraft is being used for the purpose of shooting or immobilising animals on the ground if--
- (i) the firearm is not loaded until the aircraft is in the area within which the firearm is intended to be discharged; and
- (ii) the aircraft carries only those persons performing an essential function associated with the operation of the aircraft or the shooting or immobilisation of animals on the ground.
- (d) A firearm may be discharged--
- (1) in an aircraft carrying livestock if a crew member considers it necessary to immobilise livestock for the safety of the aircraft or its occupants; or
- (2) from an aircraft for the purpose of shooting or immobilising animals on the ground if--
- (i) the discharge of the firearm does not pose a hazard or cause injury or damage to persons or property on the ground; and
- (ii) the firearm is not discharged over any congested area of a city, town, or settlement or over any open air assembly of persons.
- (e) A firearm may be carried in an aircraft by a person employed by the police, another law enforcement agency, or a military service if--
- (1) the aircraft is being operated on an air transport or commercial transport operation, carrying fare paying passengers and the person carrying the firearm--
- (i) is lawfully entitled to carry a firearm in the course of their duties; and
- (ii) is carrying the firearm in the course of their duties; and
- (iii) has been approved to carry the firearm on the aircraft by the Director under paragraph (f); and
- (iv) complies with any conditions or restrictions imposed by the Director under paragraph (f); or
- (2) the aircraft is being operated solely for the carriage of police officers, law enforcement officers, military personnel, and persons under the care of such officers or personnel, and the firearm is unloaded; or
- (3) the aircraft is being operated for a police, law enforcement, or military operation, and only persons performing an essential function associated with the police, law enforcement, or military operation, or the operation of the aircraft, are carried in the aircraft.
- (f) Upon application from the Commissioner of Police, the head of any other law enforcement agency, or the Chief of the Defence Force, the Director--
- (1) may approve a police officer, a law enforcement officer, or a military service person to carry a firearm in an aircraft that is being operated on an air transport or commercial transport operation, carrying fare paying passengers, if the Commissioner of Police and the operator concerned consent to the carriage of a firearm in the aircraft; and
- (2) may impose such conditions or restrictions as the Director considers appropriate; and
- (3) must advise the applicant, the operator, and the Commissioner of Police of the decision.
- (g) Unless otherwise determined by the Director, an application for approval under paragraph (f) must be made, to the Director at least one working day before the air transport or commercial air transport operation is intended to commence.
- (h) Before the commencement of an air operation where a firearm will be carried in an aircraft by a person under paragraph (e)(1), the operator must inform the pilot-in-command of the number of persons carrying firearms and their position in the aircraft.