Return to 1858 NSW SC Murders by the Aborigines on the Dawson River

4 Victoria, No. 8 (1840) 

An Act to prohibit the Aboriginal Natives of New South Wales from having Fire Arms or Ammunition in their possession, without the permission of a Magistrate. 

11th August, 1840

GOVERNMENT: Sir George Gipps,  Governor, 24/2/1838-11/7/1846

1840

"It shall not be lawful for any aboriginal native, or half-caste ... to have ... any kind of fire arms ..." [Disallowed]

* 4 Victoria, No 8. An Act to prohibit the Aboriginal Natives of New South Wales from having Fire Arms or Ammunition in their possession, without the permission of a Magistrate. [11th August, 1840]

Preamble.

No Aboriginal native or half-caste, usually abiding with such natives, to have or keep any description of firearms, or ammunition, without permission of a Justice. Any constable or free person may obtain or take from any such native or half-caste, any fire arms or ammunition, which he may have; provided no unnecessary violence be used. Penalty on persons giving or lending fire arms to any aboriginal native or half-caste usually abiding with such natives. Recovery and appropriation of fines. 5 William IV No. 22. Act not to extend to New Zealand.

Whereas in some parts of the Colony of New South Wales, the aboriginal natives have obtained possession of fire arms, and it is considered dangerous to the public security to allow the said aboriginal natives to have, keep or use, any description of fire arms , except or ammunition, except as hereinafter excepted: Be it therefore enacted by His Excellency the Governor of New South Wales, with the advice of the Legislative Council thereof, That from and after the passing of this Act, it shall not be lawful for any aboriginal native, or half-caste, usually abiding with such natives, to have, or keep, any kind of fire arms, or ammunition, unless with the written permission of any Justice of the Peace, resident in the district which any such native or half-caste shall usually frequent.   

II. And be it enacted, That it shall and may be lawful for any constable within the said Colony, or any free person whatsoever, to obtain or take from any such aboriginal native or half-caste not holding such permission as aforesaid, every kind of firearms or ammunition which any such person may have, and lodge the same with the Police Magistrate of the district in which such fire arms or ammunition shall be obtained or taken: Provided that no personal violence be used towards any such aboriginal native or half-caste, further than may be absolutely necessary for obtaining or taking such fire arms or ammunition as aforesaid.

III. That it shall not be lawful for any person to give or lend to any aboriginal native, or any half-caste usually abiding with such natives, not holding permission as aforesaid, any gun, musket, pistol, or any kind of fire arms or ammunition whatsoever; and if any person whosoever shall give or lend to any aboriginal native or half-caste, not holding such permission as aforesaid, any gun, musket, pistol, or any kind of fire arms or ammunition whatsoever, he or she shall, for every such offence, forfeit and pay a penalty of not less than ten pounds, nor more than twenty-five pounds, to be recovered before any one or more Justice or Justices of the Peace for the said Colony.

IV. And be it enacted, That all fines to be recovered under this Act of the Governor and the Legislative Council of the said Colony, passed in the fifth year of the reign of His late Majesty King William the Fourth, intiuled An Act to regulate summary proceedings before Justices of the Peace, and shall be paid to the use of Her Majesty, Her Heirs and Successors, for the public uses of the said Colony, and in support of the Government thereof.

V. And it be enacted, That nothing in this Act contained, shall extend, or be construed to extend, to that part of the Territory of New South Wales, called New Zealand.

George Gipps, Governor.

* Disallowed by Lord John Russell's Despatch, dated 11 August, 1840."