Unauthorised use of a pistol or prohibited firearm is an offence under section 7 of the Firearms Act 1996 (NSW).
If police allege that you were not authorised to use a pistol or prohibited firearm because you do not hold a firearms licence, the prosecutor must prove that:
If police allege that you were not authorised to use a pistol or prohibited firearm because you were using the pistol or firearm for a non-genuine reason, the prosecutor must prove that:
If police allege that you were authorised to use a pistol or prohibited firearm, but were contravening a condition of your licence, the prosecutor must prove that:
What does ‘use’ mean?
It must be proved that you:
whether or not the firearm is actually capable of being fired.
What is a ‘firearm’?
A firearm is defined in section 4 of the Firearms Act and includes:
It does not include paintball guns or any of the things listed in section 4 of the Firearms Regulations 2017 (NSW), which includes:
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:
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:
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 using a firearm.
Section 12 of the Firearms Act sets out the list of genuine reasons, which includes:
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.
This will depend on a number of factors including, for example:
You may accept that you committed the offence, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
What will the court take into account when sentencing?
The court will take into account the risk that was posed to public safety and whether the use of the firearm was connected to other criminal activity, as well as the surrounding circumstances.
The court will also take into account many other factors including your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Will I go to gaol for unauthorised use of a pistol or prohibited firearm?
Although there are many sentencing alternatives, it is possible that you willgo to gaol if you plead guilty or are found guilty.
The maximum penalty for unauthorised use of a pistol or prohibited firearm is 14 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
What is a standard non-parole period (SNPP)?
A non-parole period is the period of time someone spends in gaol before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period for an offence which is in the middle range of seriousness, without reference to discounts or positive or negative features for an offender.
What if I was using the prohibited firearm or pistol for personal protection?
The fact that you used the prohibited firearm for personal protection will not assist you, unless it is accepted that you were acting in self-defence or defence of another. Courts have repeatedly emphasised that people should not take the law into their own hands. 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.
Can I be charged if I was using an imitation firearm?
Yes. The Firearms Act 1996 treats replica or imitation firearms in the same way as genuine firearms. If you were using an imitation pistol or prohibited firearm and did not hold a permit, you may be charged with this offence.
What is an imitation firearm?
An imitation firearm is defined in section 4D of the Firearms Act as an object that, regardless of its colour, weight, composition or the presence or absence of any moveable parts, substantially duplicates in appearance a firearm.
It does not include an object that is identified as a children’s toy.
What is the difference between an imitation firearm and a children’s toy?
A children’s toy gun can be distinguished from an imitation firearm by its:
The onus is on the person charged with a firearms offence to prove that they were using or in possession of a children’s toy, rather than an imitation firearm.
If police allege that you used an unregistered firearm, the prosecutor must prove that:
If police allege that you used an unregistered pistol or prohibited firearm, the prosecutor must prove that:
What does ‘use’ mean?
It must be proved that you:
whether or not the firearm is actually capable of being fired.
What is a ‘firearm’?
A firearm is defined in section 4 of the Firearms Act and includes:
It does not include paintball guns or any of the things listed in section 4 of the Firearms Regulations 2017 (NSW), which includes:
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 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:
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:
This will depend on a number of factors including, for example:
You may accept that you committed the offence, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
What will the court take into account when sentencing?
The court will take into account the risk to the safety of the public, connection to other criminal activities, as well as the surrounding circumstances.
The court will also take into account many other factors including your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Will I go to gaol for using an unregistered firearm?
Although there are many sentencing alternatives, it is possible that you willgo to gaol if you plead guilty or are found guilty.
The maximum penalty for using an unregistered pistol or prohibited firearm is 14 years imprisonment. For all other firearms, the maximum penalty is 5 years. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
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 if I did not know the firearm was unregistered?
There may be a defence available to you.
You will need to prove that you:
What if the firearm was registered in another State or Territory?
You will not be guilty of this offence if you can prove that:
A: If police allege that you caused danger with a firearm, because you possesseda loaded firearmin a public place, the prosecutor must prove that:
B: If police allege that you caused danger with a firearm, because you possesseda loaded firearmin any place so as to endanger the life of another person, the prosecutor must prove that:
C: If police allege that you caused danger with a firearm, because you fired a firearmin or near a public place, the prosecutor must prove that:
D: If police allege that you caused danger with a firearm, because you carried or fired a firearmin a manner likely to injure, or endanger the safety of any person or property, or with disregard for the safety of any person, the prosecutor must prove that:
What does ‘possession’ mean?
You will be in possession of a firearm if you knowingly:
What is meant by ‘loaded’?
A firearm is loaded if there is ammunition:
What is a ‘public place’?
Examples of a public place include:
What does ‘likely to injure’ mean?
Likely to injure means there was a ‘substantial, real and not remote chance’ that your actions would endanger a person or property.
This will depend on a number of factors including, for example:
You may accept that you committed the offence, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
What will the court take into account when sentencing?
The court will take into account the type of weapon used, the number of shots, if any, fired, connection to other criminal activity, as well as the surrounding circumstances.
The court will also take into account many other factors including your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Will I go to gaol for causing danger with a firearm?
Although there are many sentencing alternatives, it is possible that you willgo to gaol if you plead guilty or are found guilty.
The maximum penalty for causing danger with a firearm is 10 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
What if I was in possession of the firearm for personal protection?
The fact that you were in possession of a loaded firearm because you feared for your safety is not likely to assist you. Courts have repeatedly emphasised that people should not take the law into their own hands.
Note:
If police allege that you committed the offence during a public disorder or as part of organised criminal activity, the maximum penalty is 16 years imprisonment and there is a standard non-parole period of 6 years imprisonment.
If police allege that you fired at a dwelling-house or building, the prosecutor must prove that:
If police allege that you fired at a dwelling-house or building during a public disorder, the prosecutor must prove that:
If police allege that you fired at a dwelling-house or building in the course of organised criminal activity,the prosecutor must prove that:
What is a ‘firearm’?
A firearm is defined in section 4 of the Firearms Act and includes:
It does not include paintball guns or any of the things listed in section 4 of the Firearms Regulations 2017 (NSW), which includes:
What is a ‘dwelling-house’?
A dwelling-house is defined in section 4 of the Crimes Act and includes:
What does ‘reckless disregard for the safety of any person’ mean?
Acting with ‘reckless disregard for the safety of any person’ means you realised that discharging the firearm may put someone in danger, but continued regardless.
What does ‘public disorder’ mean?
A public disorder is defined in section 4 of the Crimes Act and includes:
that give rise to a serious risk to public safety.
This will depend on a number of factors including, for example:
You may accept that you committed the offence, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
What will the court take into account when sentencing?
The court will take into account the risk to the safety of the public, connection to other criminal activities, as well as the surrounding circumstances.
The court will also take into account many other factors including your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Will I go to gaol for firing at a dwelling-house or building?
Although there are many sentencing alternatives, it is possible that you willgo to gaol if you plead guilty or are found guilty.
The maximum penalty for firing at a dwelling-house or building is 16 years imprisonment if the offending took place during a public disorder or in the course of organised criminal activity. Otherwise, the maximum penalty is 14 years. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
What is a standard non-parole period (SNPP)?
A non-parole period is the period of time someone spends in gaol before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period for an offence which is in the middle range of seriousness, without reference to discounts or positive or negative features for an offender.
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.
Can I still be guilty of this offence if no one was inside the house when I fired the shot?
Yes. The fact that no one was inside the dwelling house or building when you fired the shot, is not likely to assist you.
Police do not have to prove that anyone was actually at risk when you fired the firearm.
What if someone inside the house shot at me first?
You may have a defence of self-defence available to you. This will depend on whether you believed it was necessary to do what you did, and whether what you did was reasonable in the circumstances.
If you have been charged with shoot with intent to murder, the prosecutor must prove that you:
What does ‘attempt to discharge’ mean?
If police allege that you attempted to discharge loaded arms, it must be proved that you intended to shoot at the complainant.
Simply presenting the firearm at the complainant will not be sufficient to prove you committed this offence.
What does ‘loaded arms’ mean?
The definition of loaded arms is found in section 4 of the Crimes Act.
Examples of loaded arms include:
Every gun or pistol which is unlawfully presented at any person is deemed to be loaded unless you are able to satisfy the court, on the balance of probabilities, that it was not.
What does ‘intended to murder’ mean?
The prosecution must prove that you intended to kill the complainant. An intention to cause grievous bodily harm (e.g. to cause really serious injury) is not sufficient.
How does the court determine whether I intended to murder the complainant?
This is a question for the jury, who would consider all of the surrounding circumstances including what you did and said.
This will depend on a number of factors including, for example:
You may accept that you committed the offence, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
What will the court take into account when sentencing?
The court will take into account motive, whether it was premeditated, the likelihood of death and the injuries inflicted, as well as the surrounding circumstances.
The court will also take into account many other factors including your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Will I go to gaol for shoot with intent to murder?
Although there are many sentencing alternatives, it is very likely that you willgo to gaol if you plead guilty or are found guilty.
The maximum penalty for shoot with intent to murder is 25 imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
What is a standard non-parole period (SNPP)?
A non-parole period is the period of time someone spends in gaol before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period for an offence which is in the middle range of seriousness, without reference to discounts or positive or negative features for an offender.
What if the complainant shot at me first?
You may have a defence of self-defence available to you. This will depend on whether you believed it was necessary to do what you did, and whether what you did was reasonable in the circumstances.
Can I still be charged if the complainant didn’t suffer any injuries?
Yes. The complainant does not need to sustain any injuries for you to be charged with shoot with intent to murder.
If police allege that you discharged a firearm with intent to cause grievous bodily harm, the prosecutor must prove that you:
If police allege that you attempted to discharge a firearm with intent to cause grievous bodily harm, the prosecutor must prove that you:
What is a ‘firearm’?
A firearm is defined in section 4 of the Firearms Act and includes:
It does not include paintball guns or any of the things listed in section 4 of the Firearms Regulations 2017 (NSW), which includes:
What does ‘loaded arms’ mean?
The definition of loaded arms is found in section 4 of the Crimes Act.
Examples of loaded arms include:
Every gun or pistol which is unlawfully presented at any person is deemed to be loaded unless you are able to satisfy the court, on the balance of probabilities, that it was not.
What is ‘grievous bodily harm’?
Grievous bodily harm (GBH) is defined to include any permanent or serious disfiguring of a person and includes the destruction of a foetus, as well as causing a person to contract a grievous bodily disease.
It has also been interpreted to mean really serious harm such as brain injury, bone fractures and causing a mother to lose her foetus. The injury does not need to be permanent, have long lasting consequences or be life threatening.
How does the court determine whether I intended to cause grievous bodily harm?
This is a question for the jury, who would consider all of the surrounding circumstances including what you did and/or said.
This will depend on a number of factors including, for example:
You may accept that you committed the offence, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
What will the court take into account when sentencing?
The court will take into account the nature of the injury and whether the use of the firearm was connected to other criminal activity, as well as the surrounding circumstances.
The court will also take into account many other factors including your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
Will I go to gaol for discharging a firearm with intent to cause grievous bodily harm?
Although there are many sentencing alternatives, it is very likely that you willgo to gaol if you plead guilty or are found guilty.
The maximum penalty for discharging a firearm with intent to cause grievous bodily harm is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
What is a standard non-parole period (SNPP)?
A non-parole period is the period of time someone spends in gaol before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period for an offence which is in the middle range of seriousness, without reference to discounts or positive or negative features for an offender.
What if the complainant shot at me first?
You may have a defence of self-defence available to you. This will depend on whether you believed it was necessary to do what you did, and whether what you did was reasonable in the circumstances.
What injuries could amount to grievous bodily harm?
Grievous bodily harm can include a fractured eye socket, a broken bone, or an injury to the face which requires stitching and will permanently leave a scar.
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.
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