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In New South Wales, weapons offences are spread across three separate Acts. Unlicensed firearms fall under the Firearms Act 1996 (NSW), prohibited weapons such as knuckle dusters, tasers and extendable batons under the Weapons Prohibition Act 1998 (NSW), and knives carried in public under the Crimes Act 1900 (NSW).
Almost all of these are possession offences, and the penalty reflects the item rather than the conduct. The prosecution does not need to prove you fired, brandished or threatened anyone. Custody of a knife in a public place carries a maximum of 4 years imprisonment, while possession of a pistol, a prohibited firearm or a prohibited weapon carries up to 14 years and a standard non-parole period.
Weapons offences also carry reverse onus features that catch people out. An item found on premises you occupy is treated as being in your possession unless you prove otherwise, and once custody of a knife is established it falls to you to show a reasonable excuse.
Whether your matter is a penalty notice, a Local Court possession charge or an indictable prosecution, The Australian Legal Practice can advise you of your options and defend your rights from the earliest stage.
(Cth), prosecuted by the Commonwealth Director of Public Prosecutions.
The charge you face depends on what you are alleged to have done with the drug, the type of drug involved and, above all, the quantity. NSW legislation sets small, trafficable, indictable, commercial and large commercial thresholds for every prohibited drug, and those thresholds largely determine whether your matter stays in the Local Court or proceeds to the District Court.
Outcomes range from a non-conviction order or a diversionary fine for a first-time use or possession charge, through to life imprisonment for large commercial quantity supply or a commercial quantity importation. Diversion programs exist at the lower end, but eligibility is narrow and frequently overlooked at the charging stage.
Whether your matter is a summary offence in the Local Court or a strictly indictable Commonwealth prosecution, The Australian Legal Practice can advise you of your options and defend your rights from the earliest stage.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
Firearms or Prohibited Weapons Offence
Possessing a pistol or prohibited firearm without a licence is an offence under section 7 of the Firearms Act 1996 (NSW). Possessing a prohibited weapon without a permit is a separate offence under section 7 of the Weapons Prohibition Act 1998 (NSW), covering items such as knuckle dusters, tasers, flick knives and extendable batons. Both carry a maximum penalty of 14 years imprisonment and a standard non-parole period.
The offence is complete on possession alone. Most people charged never fired, brandished or threatened anyone with the item. A firearm inherited from a relative and never registered, a knuckle duster bought overseas, a taser ordered online, or a pistol found in a shared house or vehicle can each result in a charge, and an item located on premises you control is treated as yours unless you prove otherwise.
Despite the maximum penalty, most possession matters are finalised in the Local Court. Non-conviction and community-based outcomes remain achievable, particularly for a first offence where the item was not loaded, not used, and not connected to other offending.
Custody of a Knife in a Public Place
Having a knife in your custody in a public place or a school is an indictable offence under section 93IB of the Crimes Act 1900 (NSW), carrying a maximum penalty of 4 years imprisonment and a fine of $4,400. A separate offence under section 93IC applies where a knife is used or carried visibly in a way likely to cause fear, with the same 4 year maximum and a fine of up to $11,000.
Intent is not an element of the offence. A pocket knife left in a bag, a work knife carried home after a shift, or a blade kept in a car can each support a charge. Once custody is proven, the burden shifts to you to establish a reasonable excuse, and the legislation expressly states that carrying a knife for self-defence is not one.
These offences were moved out of the Summary Offences Act and into the Crimes Act in 2023, doubling the previous maximum penalties, and police search powers were expanded again in 2024. Outcomes still vary widely. A first offence can often be dealt with by way of a penalty notice without going to court, and most matters that do reach court are finalised in the Local Court with non-conviction or fine outcomes achievable.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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