Firearms or Prohibited Weapons Offence
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Charged with a Firearms or Prohibited Weapons Offence
Firearms and prohibited weapons offences are among the most heavily penalised possession offences in NSW. Possessing a pistol or prohibited firearm without a licence under section 7 of the Firearms Act 1996 (NSW), or a prohibited weapon without a permit under section 7 of the Weapons Prohibition Act 1998 (NSW), each carries a maximum penalty of 14 years imprisonment and a standard non-parole period.
Many people charged with these offences did not fire, brandish, or threaten anyone with the item. The offence is complete on possession alone. A firearm inherited from a relative and never registered, a knuckle duster bought overseas, a taser purchased online, or a pistol found in a shared house or vehicle can all result in a charge, and the law treats possession on a premises you control as possession by you unless you can prove otherwise.
Outcomes vary widely. Most possession matters are finalised in the Local Court, and non-conviction or community-based outcomes are achievable in many cases, particularly for first-time offenders where the item was not loaded, used, or connected to other offending.
The Australian Legal Practice represents clients facing firearms and prohibited weapons charges across Burwood, Sydney CBD, and Parramatta. Our lawyers can also assist clients from Blacktown, Campbelltown, Bankstown, and Fairfield who need urgent legal advice about a firearms and prohibited weapons case. If your matter involves related charges such as drug, assault, driving, domestic, fraud, or AVO allegations, our lawyers can advise you on the broader case and available legal options.
If you are searching for a firearms lawyer Burwood, it is important to obtain legal advice before speaking further with police or making admissions about possession. A firearms lawyer Burwood can assess the evidence, advise you about bail and potential defences, and recommend the most appropriate strategy for your case.
Our lawyers are available 24/7, and the first consultation is free.
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
What Are Firearms and Prohibited Weapons Offences?
Firearms and prohibited weapons offences are two parallel licensing regimes. In both, possession or use is a privilege granted only under a licence or permit, and possession without one is a criminal offence regardless of intent.
The two regimes are governed by separate Acts:
- Firearms Act 1996 (NSW): covers firearms, pistols, prohibited firearms, firearm parts, and ammunition. Possession requires a licence or permit issued by the NSW Police Firearms Registry, and the firearm itself must be registered
- Weapons Prohibition Act 1998 (NSW): covers items listed in Schedule 1 of that Act, which are prohibited outright unless a permit has been issued for a genuine reason
A “firearm” under the Firearms Act is a gun or other weapon capable of propelling a projectile by means of an explosive, and includes a blank fire firearm or an air gun. A “pistol” is a firearm reasonably capable of being raised and fired by one hand, within specific dimensions. “Prohibited firearms” are listed in Schedule 1 of the Firearms Act and include:
- Machine guns, sub-machine guns, and other automatic weapons
- Self-loading rifles and self-loading or pump-action shotguns
- Firearms capable of discharging liquid, gas, powder, or dye
- Firearms disguised as other objects, such as walking sticks
“Prohibited weapons” under Schedule 1 of the Weapons Prohibition Act include:
- Flick knives, ballistic knives, butterfly knives, trench knives, and star knives
- Knuckle dusters, batons, and extendable or side-handled batons
- Tasers and any hand-held device designed to administer an electric shock
- Crossbows, slingshots, blowguns, and spear guns under 45 centimetres
- Self-defence sprays, including mace and pepper spray
- Laser pointers above a prescribed power output, silencers, handcuffs, and anti-ballistic body armour
- Military-style items, including bombs, grenades, and flame-throwers, whether live or deactivated
- Concealed blades, such as a walking stick or riding crop with a hidden blade
Both Acts define “possession” broadly. Under section 4A of the Firearms Act, a firearm found in or on any premises you own, lease, occupy, or have in your care, control, or management is deemed to be in your possession unless you prove otherwise.
Personal protection is not a genuine reason for a licence or permit under either Act. Possessing a firearm or prohibited weapon for self-defence is not a defence to a charge.
The law can become more complicated where firearms and prohibited weapons charges arise alongside other allegations. For example, a client may also face a drug charge, assault charge, fraud allegation, driving offence, domestic violence matter, or AVO. These related offences can affect bail, sentencing, and the overall legal strategy.
Firearms and Prohibited Weapons Under Australian Law
The core possession offences and their maximum penalties are:
Offence | Section | Maximum Penalty |
Unauthorised possession or use of a firearm | s 7A Firearms Act 1996 | 5 years imprisonment |
Unauthorised possession or use of a pistol or prohibited firearm | s 7 Firearms Act 1996 | 14 years imprisonment |
Possession of an unregistered firearm | s 36 Firearms Act 1996 | 14 years if a pistol or prohibited firearm, 5 years otherwise |
Possession of more than 3 firearms | s 51D(1) Firearms Act 1996 | 10 years imprisonment |
Possession of more than 3 firearms, any of which is a pistol or prohibited firearm | s 51D(2) Firearms Act 1996 | 20 years imprisonment |
Failure to keep a firearm safely | s 39 Firearms Act 1996 | 2 years or 50 penalty units ($5,500) if a pistol or prohibited firearm, 12 months or 20 penalty units ($2,200) otherwise |
Unauthorised possession or use of a prohibited weapon | s 7 Weapons Prohibition Act 1998 | 14 years imprisonment |
A licence or permit holder can also commit the possession offence under section 7A(2) of the Firearms Act or section 7(2) of the Weapons Prohibition Act by:
- Using the firearm or weapon for a purpose other than the genuine reason established when the licence or permit was granted
- Contravening any condition of the licence or permit
Under section 36(2) of the Firearms Act, it is a defence to an unregistered firearm charge to prove that you did not know, and could not reasonably be expected to have known, that the firearm was unregistered, and that you were not its owner.
Jurisdiction and court:
- The main possession offences under sections 7A(1), 7(1), and 36(1) of the Firearms Act, and section 7 of the Weapons Prohibition Act, are Table 2 offences under the Criminal Procedure Act 1986 (NSW)
- Table 2 offences are dealt with summarily in the Local Court unless the prosecution elects to have the matter heard in the District Court
- When dealt with in the Local Court, the maximum penalty is 2 years imprisonment and/or 50 penalty units ($5,500)
- Summary disposition in the Local Court is the most common way these possession offences are dealt with where the possession offence is the principal charge
- The aggravated offence of possessing more than 3 firearms including a pistol or prohibited firearm under section 51D(2) is dealt with on indictment in the District Court
The court process can also be affected by other charges in the same case. Where a client is facing firearms and prohibited weapons allegations together with a drug, assault, fraud, domestic violence, or driving offence, the lawyers handling the case will need to consider how each allegation may affect the overall legal position.
What Must the Prosecution Prove?
For an unauthorised possession or use charge under either Act, the prosecution must prove each of the following elements beyond reasonable doubt:
- You possessed or used the item
- The item was a firearm, pistol, prohibited firearm, or prohibited weapon as defined in the relevant Act
- You were not authorised to possess or use it by a licence or permit
For the more serious charges, the prosecution must additionally prove:
- Section 7 Firearms Act: the firearm was a pistol or a prohibited firearm listed in Schedule 1
- Section 36: the firearm was not registered
- Section 51D: you possessed more than 3 firearms, and, for the aggravated offence, that at least one was a pistol or prohibited firearm
The deemed possession provision in section 4A of the Firearms Act shifts the practical burden once a firearm is found on premises you control. To avoid the deeming, you must satisfy the court that:
- The firearm was placed there by, or on behalf of, a person authorised to possess it
- You did not know, and could not reasonably be expected to have known, that it was on the premises
- The evidence otherwise establishes that you were not in possession of it
If the prosecution cannot prove any element, the court must find you not guilty. Under section 7(3) of the Firearms Act, a jury that is not satisfied you possessed a pistol or prohibited firearm can instead return a verdict for the lesser offence under section 7A.
If the prosecution case is weak or the evidence does not establish possession, a lawyer may recommend that the client plead not guilty and contest the case. If a client has already entered a plea, the available legal options can depend on the circumstances, including whether an appeal may be available.
Penalties for Firearms and Prohibited Weapons Offences
Offence | Court | Maximum Penalty | Standard Non-Parole Period |
Possess or use firearm (s 7A) | Local Court (Table 2) | 2 years and/or $5,500 | Not applicable |
Possess or use firearm (s 7A) | District Court on election | 5 years | None |
Possess or use pistol or prohibited firearm (s 7) | Local Court (Table 2) | 2 years and/or $5,500 | Not applicable |
Possess or use pistol or prohibited firearm (s 7) | District Court on election | 14 years | 4 years |
Possess prohibited weapon (s 7 WPA) | Local Court (Table 2) | 2 years and/or $5,500 | Not applicable |
Possess prohibited weapon (s 7 WPA) | District Court on election | 14 years | 5 years |
More than 3 firearms including pistol or prohibited firearm (s 51D(2)) | District Court | 20 years | 10 years |
The standard non-parole period only applies where the matter is dealt with on indictment in the District Court. It is a guidepost for sentencing, not a fixed rule.
Sentencing options available to the court:
- Section 10 dismissal (no conviction recorded)
- Conditional Release Order (CRO) with or without conviction
- Fine
- Community Correction Order (CCO)
- Intensive Correction Order (ICO), served in the community
- Full-time imprisonment
Factors that influence the severity of the penalty:
- The type of firearm or weapon, with military-style, automatic, and disguised items treated most seriously
- Whether the firearm was loaded or ammunition was possessed with it
- The number of items possessed
- Whether the item was used, brandished, or connected to any other offending
- The circumstances of possession, such as a family inheritance or expired licence versus concealment in a vehicle
- Prior criminal history, particularly for violence or weapons
- Genuine remorse and an early guilty plea, which attracts a discount of up to 25 per cent
The Court of Criminal Appeal has recognised that the range of items covered by the Weapons Prohibition Act is extremely wide, from replica pistols and slingshots through to grenades, and that objective seriousness varies accordingly. A replica pistol or a single knuckle duster sits at a very different point on the scale from a military-style weapon.
Other consequences of a conviction include:
- Loss of any existing firearms licence and disqualification from holding one in future
- Seizure and forfeiture of the item
- Criminal record affecting employment, travel, and security industry licensing
- Immigration consequences for non-citizens under the character test in the Migration Act 1958
A client should also obtain legal advice before assuming that a conviction, bail decision, or sentence cannot be challenged. Depending on the circumstances of the case, an appeal may be available. Lawyers can explain whether an appeal is appropriate and what the relevant time limits and procedures are.
Where firearms and prohibited weapons charges arise with a drug, assault, fraud, domestic, or driving matter, the combined sentencing position can be significantly different from the firearms charge considered in isolation. A lawyer can review the entire case and recommend an appropriate approach.
Possible Defences Against Firearms and Prohibited Weapons Charges
Several defences can result in a charge being dismissed, reduced, or withdrawn.
- Not in possession: rebutting the deemed possession under section 4A of the Firearms Act by proving the item was placed there by an authorised person, that you did not know and could not reasonably be expected to know it was there, or that the evidence otherwise establishes you were not in possession
- Authorised by licence or permit: you held a valid licence or permit covering the item and the use
- Item not within the statutory definition: the item does not meet the definition of a firearm, pistol, prohibited firearm, or prohibited weapon, for example an item produced and identified as a children’s toy, or a laser pointer below the prescribed output
- Lack of knowledge of registration status (s 36): you did not know, and could not reasonably be expected to have known, that the firearm was unregistered, and you were not its owner
- Duress: you were forced to act by threats of serious harm from another person
- Necessity: the conduct was necessary to avoid an imminent and greater harm
- Mistaken identity: you were not the person who possessed or used the item
Self-defence or personal protection is not a defence to possession of a firearm or prohibited weapon. Every defence is assessed on the specific facts, including where the item was found, who had access to the location, and any admissions made during a police interview.
If you are also facing bail proceedings, an AVO, drug allegations, assault allegations, fraud charges, domestic violence allegations, or a driving charge, tell your lawyers about every related matter. This information can be important when developing a consistent legal strategy for the case.
Your Options When Charged with a Firearms or Prohibited Weapons Offence
Option | What It Means |
Negotiate with the prosecution | Where possession or knowledge is contestable, representations can result in a charge being withdrawn, or downgraded, for example from section 7 to section 7A, or from an unregistered firearm charge to a safe storage offence |
Plead not guilty | Contest the charge at a defended hearing, where the prosecution must prove possession and the statutory definition beyond reasonable doubt |
Plead guilty and seek the best outcome | An early guilty plea attracts a sentencing discount of up to 25 per cent; character material, the circumstances of possession, and steps such as surrender or licence rectification can support a section 10 dismissal or CRO without conviction |
If you have been refused bail or released on strict bail conditions, our lawyers can advise whether there are grounds to seek a further bail application. Bail conditions can also interact with an AVO or other domestic violence proceedings, making early legal advice important.
A client should not assume that pleading guilty is always the best option. Our lawyers can review the evidence, identify potential weaknesses in the prosecution case, and recommend whether negotiation, a guilty plea, a defended hearing, or an appeal is appropriate.
If the case involves a drug, assault, fraud, driving, or domestic offence as well as firearms and prohibited weapons charges, our lawyers will consider the allegations together rather than treating each charge in isolation.
Why Choose The Australian Legal Practice for Firearms and Prohibited Weapons Charges
- Principal-level representation. You deal directly with an experienced senior lawyer, not a junior
- 24/7 availability on (02) 8084 9929. Firearms and weapons charges often follow an unexpected search of a home or vehicle, at any hour
- Three Sydney offices: Burwood, Sydney CBD, and Parramatta
- Free initial consultation so you can understand your options before your first court date
- Fixed-fee arrangements available for standard possession matters heard in the Local Court
- Experience challenging deemed possession in shared homes and vehicles, and identifying whether an item falls within the statutory definition
- Integrated advice on related matters, including ADVO proceedings that trigger automatic licence suspension, and Firearms Registry licence and permit issues
If you are looking for a firearms lawyer Burwood, our experienced lawyers can provide legal advice about your charge, potential defences, bail, and the likely court process. A firearms lawyer Burwood can also review whether related drug, assault, fraud, driving, or domestic allegations may affect your firearms and prohibited weapons case.
We recommend that a client obtain legal advice as early as possible, particularly where police have seized firearms or prohibited weapons, an AVO has been issued, or bail conditions have been imposed. If you need a firearms lawyer in Burwood, you can book a free consultation to discuss your case and available options.
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
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Frequently Asked Questions About Firearms and Prohibited Weapons
Yes. Under section 4A of the Firearms Act 1996 (NSW), a firearm found on premises you own, lease, occupy, or control is deemed to be in your possession unless you prove otherwise. Ownership is not required for either Act.
No. Tasers, self-defence sprays, and knuckle dusters are prohibited weapons under Schedule 1 of the Weapons Prohibition Act 1998 (NSW). Personal protection is expressly excluded as a genuine reason for a permit, and self-defence is not a defence to possession.
An interim or final Apprehended Violence Order automatically suspends or revokes a firearms licence, and a conviction for a firearms offence will generally result in the loss of the licence and a perio
In most cases, yes. The main possession offences under both Acts are Table 2 offences, which are dealt with in the Local Court unless the prosecution elects to send the matter to the District Court. The aggravated offence of possessing more than 3 firearms including a pistol or prohibited firearm is heard in the District Court.
Yes, unless it is a genuine antique firearm, which is exempt from registration. Possession of an unregistered firearm is an offence under section 36, but it is a defence to prove that you did not know, and could not reasonably be expected to know, that it was unregistered, and that you were not its owner. Voluntary surrender or registration before charge is often the safest course.
Speak to a criminal defence lawyer today on (02) 8084 9929 or book a free consultation online.
