Terms of Service
Last updated: 2026/01/09
By creating an account on Second Hand Guns (secondhandguns.au), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, do not create an account.
These Terms constitute a legally binding agreement between you and Second Hand Guns (ABN 99 843 861 337).
1. Eligibility
Listings on Second Hand Guns are publicly viewable without an account. To create an account, you must:
- Be at least 18 years of age
- Hold a valid Australian firearms licence
By creating an account, you confirm that you meet these requirements. We reserve the right to request verification of your eligibility at any time and to suspend or terminate accounts that do not meet these criteria.
2. Account Registration
When creating an account, you must provide accurate and complete information, including your full name, email address, phone number, firearms licence number, and state of issue.
Your firearms licence number will be displayed on all listings you create, as required by the Firearms Regulation 2017 (NSW) cl 145 and equivalent legislation in other states and territories. By creating a listing, you consent to this display.
You are responsible for keeping your account information accurate and up to date. This includes your name, contact details, and licence information. You must update your account promptly if any of these details change.
You must maintain a valid firearms licence for the duration of your account. If your licence expires, is suspended, or is revoked, you must notify us immediately and cease using the platform until your licence is valid again. We reserve the right to suspend or terminate accounts associated with invalid licences.
You are responsible for maintaining the security of your account credentials. We are not liable for any unauthorised access to your account resulting from your failure to protect your login details.
You must notify us immediately if you become aware of any unauthorised use of your account.
3. Listing Rules
3.1 Permitted Items
You may only list firearms that:
- Are registered in your name
- You are legally permitted to possess under your licence category
You must not list:
- Prohibited firearms
- Unregistered firearms
- Firearms subject to a seizure, surrender order, or prohibition
- Stolen firearms
- Defaced or altered firearms with removed serial numbers
3.2 One Item Per Listing
Each listing must relate to a single item only. Listings that attempt to sell multiple items within a single submission will be rejected or removed without notice.
3.3 Accurate Information
You must provide accurate and truthful information in your listings. At a minimum, all listings must include:
- The state or territory where the firearm is registered
- Firearm type and make
- Serial number
- Calibre
- Item description and condition
- Clear, accurate images
For firearms registered in Western Australia, the inclusion of type, make, serial number, and calibre is a legal requirement under Section 389 of the Firearms Act 2024 (WA).
Misrepresenting an item, including the state of registration, is grounds for listing removal and account suspension.
3.4 Approval and Removal
We reserve the right to reject, remove, or suspend any listing at our sole discretion, including listings that are:
- Incomplete, inaccurate, or misleading
- Suspected to be fraudulent or illegal
- In violation of these Terms
- Non-compliant with the advertising requirements of the relevant state or territory
3.5 Fees
Listings are currently free while Second Hand Guns is in beta. Listing fees will be introduced once we are out of beta and will be displayed at the time of submission. Any fees paid are non-refundable once a listing has been approved and published.
4. Platform Role & Limitations
Second Hand Guns is a classifieds advertising platform only. We do not buy, sell, or transfer firearms.
All firearm transactions must be conducted through a licensed firearms dealer in accordance with Australian law. We are not a party to any transaction between users.
Second Hand Guns:
- Does not verify, guarantee, or endorse any listing, seller, or buyer
- Does not participate in or mediate any transaction
- Is not responsible for the conduct of any user
- Is not responsible for disputes, losses, or damages arising from communications or transactions between users
All users engage with the platform and its listings at their own risk.
We may disclose user information to law enforcement agencies if required by law or if we reasonably suspect illegal activity.
5. User Responsibilities
You are responsible for ensuring that your use of Second Hand Guns complies with all applicable Australian Commonwealth, state, and territory laws, including those governing the sale, transfer, possession, and storage of firearms.
Both buyers and sellers are responsible for ensuring any resulting transaction complies with all applicable firearms laws, including the requirement that transfers be conducted through a licensed dealer.
You must not use the platform to:
- List items that are illegal to sell or that you are not legally permitted to sell
- Provide false or misleading information
- Harass, abuse, or threaten other users
- Circumvent or attempt to circumvent any security features of the platform
- Use the platform for any unlawful purpose
We are not responsible for ensuring your compliance with applicable laws. Any legal consequences arising from your use of the platform are your sole responsibility.
6. Interstate Transactions
If the buyer and seller are in different states or territories, additional requirements may apply under the relevant state laws. Both parties are responsible for ensuring compliance with the laws of their respective jurisdictions.
7. Donations
Second Hand Guns accepts voluntary donations via Stripe during our beta period. Donations are non-refundable and do not entitle donors to any additional services, benefits, or preferential treatment.
8. Intellectual Property
All content, design, logos, and branding on Second Hand Guns are the property of Second Hand Guns and are protected by Australian intellectual property laws. You may not copy, reproduce, or distribute any part of the platform without our written permission.
You retain ownership of any content you submit to the platform, including listing descriptions and images. By submitting content, you grant us a non-exclusive, royalty-free licence to use, display, and distribute that content for the purpose of displaying your listing.
9. Termination & Suspension
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Suspected fraudulent or illegal activity
- Holding an invalid firearms licence
- Abuse or harassment of other users
You may close your account at any time by contacting us. Upon termination, any active listings will be removed and any fees paid are non-refundable.
10. Limitation of Liability
To the maximum extent permitted by Australian law, Second Hand Guns is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from:
- Your use of, or inability to use, the platform
- Any transactions or communications between users
- Any unauthorised access to your account or data
- Any errors, inaccuracies, or omissions in listings
- Any loss or damage resulting from reliance on information obtained through the platform
The platform is provided “as is” without warranties of any kind, either express or implied. We do not guarantee that the platform will always be available, free from errors, or secure from unauthorised access.
Nothing in these Terms excludes or limits any consumer guarantees or rights that cannot be excluded under the Australian Consumer Law.
11. Changes to Terms
We may update these Terms at any time. If we make material changes, we will notify you by email.
Your continued use of Second Hand Guns after any changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the platform and close your account.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the platform will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
However, users must comply with the firearms laws of their own state or territory, which may impose additional requirements.
13. Regulatory Compliance
Second Hand Guns operates as a classifieds advertising platform in accordance with applicable state and territory firearms legislation. We do not hold a firearms dealer licence and do not facilitate or participate in the transfer of firearms.
Australian Capital Territory
This platform operates in accordance with Section 231 of the Firearms Act 1996 (ACT), which permits advertising of firearms for sale where the proposed sale is to be arranged by or through a licensed firearms dealer.
New South Wales
This platform operates in accordance with Section 54(b) of the Firearms Act 1996 (NSW), which permits advertising of firearms for sale where the supply is to be arranged through a licensed dealer and prescribed particulars are displayed.
Northern Territory
This platform operates in accordance with Section 63B of the Firearms Act (NT), which requires advertisements for firearms to include the firearm’s serial number.
Queensland
This platform operates in accordance with Section 37 of the Weapons Act 1990 (Qld), which requires that any person advertising the sale of a firearm must state the firearm’s serial number. Under Section 35, all acquisitions must be made from or through a licensed dealer.
South Australia
This platform operates in accordance with Regulation 101 of the Firearms Regulations 2017 (SA), which requires advertisements for firearms to include the firearm’s identifying mark (serial number). The regulation further requires a statement that delivery of a firearm to a purchaser in South Australia must take place in the presence of, and be witnessed by, a police officer, a licensed dealer or licensed employee of a licensed dealer, a responsible officer of a recognised firearms club authorised by the Registrar, or an authorised Public Service employee.
Tasmania
This platform operates in accordance with Section 106 of the Firearms Act 1996 (Tas), which permits advertising of firearms for sale where the proposed sale is to be arranged by or through a licensed firearms dealer.
Victoria
This platform operates in accordance with Section 101 of the Firearms Act 1996 (Vic), which permits advertising of firearms for sale provided the advertisement contains: (a) a statement that the sale is to be arranged through a licensed dealer; (b) the firearm’s serial number; and © the seller’s firearms licence number.
Western Australia
This platform operates in accordance with Section 389 of the Firearms Act 2024 (WA), which requires advertisements for firearms to include the type, make, serial number, and calibre of the firearm. All listings for firearms registered in Western Australia must comply with these requirements.
Second Hand Guns includes this witnessing statement on all listings to satisfy this requirement.
14. Contact
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Website: https://secondhandguns.au