Firearm Offences Lawyer | Expert Defence in NSW

Have You Been Charged with a Firearm Offence?

Facing a firearm offence charge can be overwhelming and life-changing. The penalties are severe, and being charged can impact your employment, reputation, and ability to travel.

At Faraj Defence Lawyers, we understand the gravity of your situation. Our experienced team of criminal defence lawyers has helped countless clients facing firearm-related charges achieve the best possible outcomes. We are here to guide you through the legal process with clarity, compassion, and a strong defence strategy tailored to your case.

Why Choose Faraj Defence Lawyers for Your Assault Charge?

When facing a firearm offence charge, having the right legal team on your side can make all the difference. At Faraj Defence Lawyers, we specialise in defending clients against serious criminal charges, including firearm offences.

What Are Firearm Offences in NSW?

Firearm offences in NSW are serious crimes governed by multiple laws, including:

• Firearms Act 1996

• Crimes Act 1900

• Weapons Prohibition Act 1988

These laws establish strict controls over the possession, use, and registration of firearms to protect public safety. NSW courts take firearm offences seriously, and breaches can result in severe penalties, including imprisonment.

Types of Firearm Offences in NSW

Firearm offences in NSW cover a range of serious charges under the Firearms Act 1996 and other related legislation. These offences carry severe penalties, including fines, disqualification of firearm licences, and lengthy prison sentences.

Below are some of the most common firearm offences you could be charged with and what they mean under the law.

Possession of a Firearm Without a Licence or Permit

It is an offence in NSW to possess or use a firearm without a valid licence or permit. The law requires individuals to hold a firearm licence and to use the firearm only for an approved purpose, known as a genuine reason, which may include:

• Sport/Target Shooting

• Recreational Hunting and Vermin Control

• Primary Production
  

• Business or Employment
• Firearm Collections

Possessing a firearm for any purpose outside of these genuine reasons is a breach of the Firearms Act 1996 (NSW).‍

Penalties

The maximum penalty for possessing a firearm without a licence is 5 years imprisonment. If the firearm is classified as prohibited, the penalty increases to 14 years imprisonment.

Possession of an Unregistered Firearm

All firearms in NSW must be registered with the NSW Firearms Registry. It is a criminal offence to possess, acquire, supply, or use an unregistered firearm. The police maintain a central database of all registered firearms, and failing to register a firearm is a serious offence.

What the Prosecution Must Prove:

• The firearm was in your possession 

• The firearm was not registered with the NSW Firearms Registry.

Penalties

The maximum penalty for possessing an unregistered firearm is 5 years imprisonment. For a prohibited firearm, the penalty increases to 14 years imprisonment.
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Possession of a Prohibited Firearm

Some firearms are classified as prohibited firearms under NSW law. These include:

1. Machine Guns

2. Self-Loading Rifles

3. Pump-Action Shotguns
4. Silenced Firearms (with Suppressors)

The list of prohibited firearms is detailed in Schedule 1 of the Firearms Act 1996. Possessing a prohibited firearm is a serious offence, and the penalties reflect the potential risk to public safety.

Penalties

The maximum penalty for possession of a prohibited firearm is 14 years imprisonment.

Firearm Trafficking

Firearm trafficking refers to the unlawful importation, sale, or distribution of firearms. This offence can apply to individuals involved in moving firearms across state or national borders, as well as those supplying firearms without the proper permits.

Penalties

Trafficking firearms is one of the most serious firearm offences in NSW and carries a maximum penalty of 20 years imprisonment.

Unlawful Supply of Firearms

Supplying a firearm without the necessary permits or licences is a criminal offence under the Firearms Act 1996 (NSW). This can include selling, gifting, or otherwise transferring a firearm to another person without proper authorisation.

Penalties

The maximum penalty for unlawful supply of a firearm is 14 years imprisonment, depending on the type of firearm and the circumstances of the case.

Failure to Store Firearms Securely

NSW law requires firearms to be stored in a safe and secure manner. This includes:

1. Keeping firearms in a locked safe or cabinet that meets legal standards.

2. Ensuring that ammunition is stored separately from firearms.

3. Preventing unauthorised access to firearms.

Failure to store firearms securely can result in criminal charges, even if the firearm is not used in a crime.

Penalties

The maximum penalty for failure to store firearms securely is 2 years imprisonment and/or a fine of $5,500.

Penalties for Firearm Offences in NSW

Firearm offences in NSW are treated seriously by the courts, with penalties that reflect the risks associated with illegal possession, use, and supply of firearms. The severity of the penalties depends on the type of offence, the firearm involved, and the circumstances of the case.

Below is a breakdown of the maximum penalties for common firearm offences.

In addition to imprisonment, individuals convicted of firearm offences may face fines, licence disqualification, and a criminal record, which can have lasting impacts on employment, travel, and future opportunities.

Certain offences may also be table 2 offences, meaning they are generally dealt with in the Local Court unless the prosecution elects to have the matter heard in the District Court. This distinction can influence the severity of the penalties imposed.

Defences to Firearm Charges

If you have been charged with a firearm offence, several defences may be available depending on the circumstances of your case. The right defence strategy can make a significant difference in the outcome of your matter, including the possibility of avoiding a conviction altogether.

Some of the most common defences include:

Lack of Knowledge

You may be able to argue that you were unaware you were in possession of a firearm. For example, if someone left a firearm in your vehicle or home without your knowledge, this defence could apply.

Honest and Reasonable Mistake

This defence applies if you genuinely believed that you were complying with the law. For instance, if you mistakenly believed that your firearm was registered or that your licence was valid, this could be a valid defence.

Invalid Search or Seizure

If the firearm was obtained by police through an unlawful search or seizure, you may be able to challenge the validity of the evidence. For example, if police conducted a search without a warrant or without reasonable grounds, this defence could be used to have the charges dismissed.

Necessity or Emergency

In some cases, you may be able to argue that you possessed the firearm out of necessity to prevent greater harm. For example, if you used a firearm to protect yourself or someone else during an emergency situation, this defence could be applicable.

Each case is unique, and the best defence will depend on the specific facts and circumstances of your case. At Faraj Defence Lawyers, we carefully assess the prosecution’s evidence and build tailored defence strategies to protect your rights and achieve the best possible outcome.

If you are facing firearm charges, contact us for expert legal advice and representation.

Contact an Expert Firearm Offence Lawyer Today!

Being charged with firearm offences can be an overwhelming and isolating experience. The fear of a tarnished reputation, hefty fines, or even jail time can weigh heavily on your mind. At this critical juncture, making the right choice in legal representation is paramount.

Our seasoned criminal lawyers specialise in common assault cases. We understand the nuances of the law and have a proven track record of turning the tide in favour of our clients. Every case is unique and so are you, At Faraj Defence Lawyers, we tailor our defence strategies to align with your specific circumstances, ensuring the best possible outcome.

Don't let a common assault charge dictate your future. Call us now at (02) 8896 6034 for free advice or book a free initial consultation. Let's navigate this journey together.