Firearms and Weapons Offences in NSW
Possession of an unregistered firearm
Possession of an unregistered firearm in a public place is an offence under section 93I of the Crimes Act 1900 (NSW). It is normally dealt with in the Local Court but can sometimes be dealt with in the District Court. The maximum penalty is 10 years imprisonment. If dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500). If there are aggravating circumstances, the maximum penalty is14 years imprisonment.
If you have been charged with possession of an unregistered firearm in a public place, the prosecutor must prove that:
- you were in possession of a firearm
- that firearm was not registered
- you were in a public place
- you did not have a licence or permit.
Unauthorised possession of a pistol or prohibited firearm
Unauthorised possession of a pistol or prohibited firearm is an offence under section 7 of the Firearms Act 1996 (NSW). Imitation firearms are treated in the same way as genuine firearms. It is normally dealt with in the Local Court but can sometimes be dealt with in the District Court. The maximum penalty is 14 years imprisonment. If dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500). If dealt with in the District Court, there is a standard non-parole period of 4 years imprisonment.
If police allege that you were not authorised to possess a pistol or prohibited firearm because you do not hold a firearms licence, the prosecutor must prove that:
- you were in possession of a pistol or firearm
- the pistol or firearm is prohibited
- you did not have a licence or permit.
If police allege that you were not authorised to possess a pistol or prohibited firearm because you were possessing the pistol or firearm for a non-genuine reason, the prosecutor must prove that:
- you were in possession of a pistol or firearm
- the pistol or firearm is prohibited
- you hold a firearms licence but were possessing the pistol or firearm for a non-genuine reason.
Other common firearms and weapons offences include: not keep firearm safely, unauthorised acquisition of firearms, unauthorised supply of firearms, shortening firearms, converting firearms, unauthorised use of pistol or prohibited firearm.
What is a ‘firearm’?
A firearm is defined in section 4 of the Firearms Act and includes:
- guns
- weapons capable of propelling a projectile by means of an explosive
- blank fire firearms
- air guns
It does not include paintball guns or any of the things listed in section 4 of the Firearms Regulations 2017 (NSW), which includes:
- a firearm designed to be used for life saving or distress signalling purposes
- a firearm designed to be used in film, television or theatrical productions for the purposes of breaking glass or ceramic articles and that is only capable of firing a projectile over a short range
- a firearm designed to be used to train dogs by firing retrievable projectiles.
What does ‘possession’ mean?
You will be in possession of a firearm if you knowingly:
- have custody of a firearm
- have a firearm in the custody of another person
- have a firearm in or on any premises, place, vehicle, vessel or aircraft.
What does ‘registered’ mean?
All firearms in NSW must be registered with the Firearms Registry, unless they are exempt from registration requirements.
You cannot register a firearm in NSW, unless you hold a current firearms permit or licence.
What are ‘aggravating circumstances’?
Aggravating circumstances are factors that increase the seriousness of an offence.
If you have been charged with possession of an unregistered firearm in a public place, the seriousness of the offence will be aggravated if you possessed:
- more than one unregistered firearm, or
- an unregistered pistol, or
- an unregistered prohibited firearm.
What is a ‘public place’?
Examples of a public place include:
- outdoor areas open to the public (e.g. parks and playgrounds)
- indoor areas open to the public (e.g. libraries and town halls)
- premises open to the public in exchange for payment (e.g. museums, art galleries and swimming pools)
- national parks
- vehicles or vessels in a public place.
What is a ‘prohibited pistol’?
A prohibited pistol is defined in section 4C of the Firearms Act and means any of the following kinds of pistols:
- pistols with a calibre of more than 0.38 inches
- self-loading pistols with a barrel length of less than 120 mm
- revolvers with a barrel length of less than 100 mm
It does not include any such kind of pistol that is a black powder pistol.
What is a ‘prohibited firearm’?
A prohibited firearm means a firearm described in Schedule 1 of the Firearms Act. Examples of prohibited firearms include:
- machine guns and sub-machine guns
- self-loading rimfire and centre-fire rifles
- self-loading or pump action shotguns
- lever action shotguns with a magazine capacity of more than 5 rounds
- self-loading centre-fire rifles or self-loading shotguns designed or adapted for military purposes
- firearms fitted with noise-reduction devices
- firearms capable of discharging liquid, powder, gas or any pyrotechnic flare or dye
- firearms that duplicate in appearance another article (such as a walking stick or keyring) and which disguises or conceals the fact that it is a firearm.
What will happen to my firearms licence?
If you have been charged with a firearms offence, your firearms licence may be suspended or revoked. This means you will no longer be authorised to use or possess firearms. Your firearms will remain with police until the suspension is lifted or your firearms licence is re-instated.
What is a ‘genuine reason’ for having a firearms licence?
In NSW a person will not be issued a firearms licence unless they have a genuine reason for possessing a firearm.
Section 12 of the Firearms Act sets out the list of genuine reasons, which includes:
- sport / target shooting
- recreational hunting / vermin control
- vertebrate pest animal control
- business or employment
- occupational requirements relating to rural purposes
- animal welfare
- firearms collection.
A genuine reason does not include personal protection, protection of another, or for the protection of property.
What is meant by firearms licence conditions?
Every firearms licence in NSW is subject to a number of mandatory conditions which relate to things like storage, safekeeping and use of the firearm. Your licence may also be subject to additional conditions.
Teagan Naidu, Senior Lawyer
