Firearm Offences
What are Firearm Offences?
Firearm offences are taken extremely serious by the courts.
If you are in possession or use a firearm without a licence or permit to do so, you can be charged under section 7A Firearms Act 1996 (NSW).
If you supply, acquire, possess or use an unregistered or prohibited firearm, you will be charged pursuant to section 36(1) or section 7 of the Firearms Act 1996 (NSW).
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Our passionate criminal lawyers have experience representing clients charged with various different Firearm related offences.
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Our dedicated and passionate criminal lawyers are experienced in handling these cases in court and achieving great outcomes for our clients.
Our lawyers are available 24/7 and work around the clock to provide you with tailored and precise legal advice, defending you at all costs.
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FAQ
Can I be charged with possession of a firearm?
Yes, if you are not authorised to handle one. Where it is prohibited, the police are to prove:
- You possessed or used a pistol or firearm;
- That pistol or firearm is prohibited;
- Your licence or permit didn’t allow you to use it in that way or you didn’t have a licence or permit at the time.
What if I genuinely did not know the firearm was at my premises?
There are exceptions to ‘possession’ such as:
- You did not know and could not reasonably be expected to have known that it was in or on the premises;
- The firearm was places in or brought to a premises by a person who was lawfully authorised to posses on; or
- On the evidence, you were not in possession of it.
Am I meant to store a firearm in a particular way?
Yes and any person who does not take all reasonable precautions to ensure its safe keeping, that it is not stolen or lose and that it does not come into possession of a person who is not authorised to possess the firearm, can be charged with a criminal offence.
If I have an AVO against me, will I be able to keep my firearms?
No. The first thing police do when they serve a person with an AVO is to check and remove any firearms that person has in their possession. This is before the matter is even heard in court. You will not receive them until the court matter is finalised in a favourable manner. Where a person consents to an AVO, they will forfeit their ability to have a firearm licence.
What are the maximum penalties?
Possession or use of a firearm without authorisation by a licence or permit carries 5 years maximum imprisonment at law. Where you are found to have possessed, used or supplied firearm that is not registered or is prohibited, the maximum penalty imposed is 14 years imprisonment.
Is there any benefit to Pleading Guilty?
If you enter a Plea of Guilty to Fraud at the earliest opportunity, you will be afforded 25% utilitarian discount on sentence.
What does possession mean?
It means that it is in or on any premises owned, leased or occupied by, or in the care, control or management of a person. This can include a place, vehicle, vessel or aircraft.
Is it illegal to use or supply a firearm?
It is illegal to supply, acquire, possess or use a firearm that is prohibited or not registered.
Can I be prohibited from possessing or using a firearm?
Yes. Either the police or the NSW Firearms Registry an nominate a person for a Firearm Prohibition Order (FPO). This prohibits a person from acquiring, possessing or using a firearm, firearm parts and ammunition, in the interests of public safety.
What if I am caught with a gelblaster?
A gelblaster is treated as a ‘firearm’ under the law if it is or has been capable of propelling a projectile by means of an explosive. This includes a blank firearm or air gun too.
Therefore, you can be charged with possessing or using a firearm, in circumstances where it is a replica.
Can I defend a firearm offence?
Yes. Some available defences are:
- You possessed or used a firearm for a genuine reason expressed in your licence;
- The firearm was no unregistered, unregistered or prohibited;
- The firearm was not in your possession.
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