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Firearm offences

Firearms offences are dealt with seriously in New South Wales. The relevant acts that deal with firearm offences are:

  • Firearms Act 1996

  • Crimes Act 1900

  • Weapons Prohibition Act 1988

Principles of the Firearms Act include that of ‘strict gun control’ and putting the ‘public’s right to safety before the ‘privilege of gun ownership’.

Why Choose Faraj Defence Lawyers for your Assault Charge?

Choosing the right legal representation can make all the difference when facing common assault charges, as Faraj Defence Lawyers stands out as the optimal choice for defendants seeking expert guidance and unwavering support. So what makes us stand out?

01

Free initial consultation

We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.

02

Expert Defence Strategies

We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.

03

Unwavering Support and Guidance

Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.

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Negotiation Expertise

Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.

05

Direct Access to Senior Criminal Lawyer

Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.

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Fixed Fees and Transparent Pricing

We believe in transparency. Our firm operates on fixed fees, providing clarity on costs from the outset. Eliminating any unexpected financial burdens.

Possession of a Firearm

If you are not authorised to do so by a licence or permit, it is an offence to possess or use a firearm, pistol, or prohibited firearm, as outlined in sections 7 and 7A of the Firearms Act 1996.

However, a holder of a permit will also commit an offence where they possess or use a firearm for any purpose other than their “genuine reason” for possessing or using the weapon, or if they contravene any condition of the permit.

Genuine reasons outlined in the Act include sport/target shooting, recreational hunting, vermin control, business or employment and firearms collections. 

A pistol refers to a firearm that is reasonably capable of being raised and fired by one hand, which is within certain dimensions prescribed by the regulations.

A firearm is defined as a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker.

In contrast, a ‘prohibited firearm’ refers to a specific list of firearms in Schedule 1 of the Act, which includes machine guns, self-loading rifles, certain shotguns, as well as any firearm which has an article attached to it which muffles, reduces, or prevents noise created by firing the firearm.

Unregistered Firearm

All firearms which are used by licence and permit holders must be registered, except for firearms that are exempt from registration requirements (i.e., imitation firearms). The Firearms Registry maintains a central register of all firearms registered to licence and permit holders in the state. 

As outlined in section 36(1), the Act criminalises supplying, acquiring, possessing, or using a firearm that is not registered.

What the prosecution needs to prove for an unregistered firearm

In order to be found guilty of an offence of unauthorised possession of a firearm, the prosecution must prove beyond a reasonable doubt that: 

  • The firearm was in your possession; and 

  • The firearm was either unlicenced, unregistered or a prohibited firearm or pistol. 

The Firearms Act defined possession as where a person knowingly:

  • has custody of the firearm,

  • has the firearm in the custody of another person,

  • has the firearm in or on any premises, place, vehicle, vessel, or aircraft, whether or not belonging to or occupied by the person.

Penalties

The maximum penalty for possessing or using a firearm where you are not authorised to do so by a licence or permit and supplying, acquiring, possessing, or using a firearm that is not registered is 5 years imprisonment.

However, where the offence relates to a pistol or prohibited firearm, the maximum penalty is 14 years imprisonment.

They are both classified as ‘table 2’ offences, which means that they will be dealt with in the Local Court unless the prosecution elects for the matter to proceed to the District Court.

In the Local Court, the maximum penalty is instead limited to 2 years imprisonment and/or a $5,500 fine, for a single offence.

Statistics detail that where possession of a firearm, pistol or prohibited firearm is the ‘principal’ or ‘main’ offence, it is most likely that the matter will be dealt with in the Local Court.

Apart from a full-time custodial sentence, you may also be eligible for the following penalties: 

  • S10(1)(A) dismissal.

  • Conditional release order with conviction.

  • Spitting at someone, 

  • Fine.

  • Community corrections order.

  • Intensive corrections order.

It is important to work with your lawyer to prepare your case properly to give yourself the best chance to avoid any custodial sentence or receive a non-conviction penalty.

Contact an Expert Common Assault 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 tailour 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.

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