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Firearms and Weapons Possession in NSW
In New South Wales, it is illegal to possess or use firearms, prohibited weapons, or carry ordinary items intended for use as weapons without a valid licence or exemption. Being charged with a firearms or weapons offence can have serious consequences. Whether it’s related to the possession of an unregistered firearm, carrying a prohibited weapon, or using a weapon during an alleged offence, these cases are often complex and require a careful approach.
At IMS Lawyers Australia we can be your trusted firearms and weapons lawyer. We work closely with you so you can understand the details of your case and develop a defence strategy that challenges the evidence and focuses on securing the best possible outcome.
What is the Law?
The possession and use of firearms and weapons are regulated by:
The Firearms Act 1996 (NSW):
- It requires individuals to hold a valid licence or permit to possess or use firearms, including handguns and long arms.
- A person can only possess firearms that fall within the category of their licence.
The Weapons Prohibition Act 1998 (NSW):
- It prohibits the use, possession, purchase, sale, carrying, or manufacture of prohibited weapons unless the person holds a valid permit.
Examples of Prohibited Weapons
The following are considered prohibited weapons in NSW unless a valid permit is obtained:
- Firearms (including imitation firearms or gel blasters)
- Tasers and stun guns
- Butterfly knives, flick knives, swords, and throwing stars
- Military-style weapons and knuckle dusters
- Extendable batons, slingshots, and crossbows
- Blow-guns, blow-pipes, and darts designed for blow-guns
- Kung fu sticks or “nunchaku”
- Anti-personnel sprays or acoustic/light-emitting devices designed to incapacitate or disorient
- Body armour vests, handcuffs, silencers, or any device designed for attachment to firearms
- Any item that substantially resembles a weapon
What Must the Prosecution Prove?
- Prohibited firearm
- Pistol
- Prohibited weapon
- The accused did not hold a valid licence or permit.
- The accused held a licence but breached its conditions.
- The accused possessed or used the firearm/weapon for purposes other than the genuine reason stated when obtaining the licence.
Penalties for Firearms and Weapons Offences
The penalties for possessing or using firearms and weapons without a licence or permit are severe and depend on the specific offence and circumstances. These may include:
For possessing or using a firearm without authorisation, or for having an unregistered firearm:
- Maximum penalty: 5 years imprisonment.
For possessing a pistol or prohibited firearm:
- Maximum penalty: 14 years imprisonment.
These offences are usually dealt with in the Local Court:
- The maximum penalty is 2 years imprisonment and/or a $5,500 fine.
Penalties can also include the imposition of Weapons or Firearms Prohibition orders which can lead to serious consequences and increased police powers.
Defences to Firearm/Weapons Offences
Possible defences include:
- No Knowledge: The accused did not know they possessed a firearm.
- Lawful Use: The firearm was possessed for a lawful reason (e.g., hunting or security).
- Mistaken Identity: The accused was not in possession of the firearm.
- Not a Prohibited weapon
To maximise your chance of defending these charges, speak to our firearms and weapons lawyer in Sydney to get ahead and start building your defence.
Need Help with Firearms and Weapons Offences?
Whether you need the best firearms lawyer in Sydney or the best weapons lawyer we at IMS Lawyers Australia, approach these charges with precision and dedication. We will build a defence that fits the specifics of your case. This can include challenging how evidence was gathered, examining the legality of any searches, and working with firearms experts to question the prosecution’s claims.
We also appeal Weapons and Firearms Prohibition Orders to avoid police harassing you and searching you constantly due to the orders.
Contact IMS Lawyers Australia today to ensure your rights are protected and to achieve the best possible outcome.
