Firearms & Weapons Offences have received much publicity in recent times and are treated seriously by the courts.

It is therefore vital to secure representation from lawyers with specialist experience in firearms cases.

Click on the appropriate link below for more information about your particular charge and how Sydney Criminal Lawyers® can help you.

Firearms Licences

Unauthorised Possession or Use of Firearms - s7A Firearms Act

The law states that unless you hold a firearms licence or permit, you are not allowed to possess or use a firearm.

The maximum penalty for this offence is 5 years in prison.

But it’s important to bear in mind that as with any criminal offence, the prosecution must prove possession as well as the absence of any available defences beyond a reasonable doubt, and it’s equally important to engage defence lawyers with a proven track record of defending and winning firearms cases.

Your Options

Pleading Not Guilty

Before you can be found guilty of possessing an unlicensed firearm, the prosecution must prove two factors (known as elements) beyond a reasonable doubt. These are:

That you possessed a firearm
That you did not hold an appropriate firearms licence

If you are charged with using an unlicensed firearm, the prosecution also has to prove two things beyond a reasonable doubt:

That you used a firearm
That the way in which you the firearm was not for a genuine purpose or reason OR that it contravened the terms and conditions of your firearms licence

Unless the prosecution can prove the relevant elements, you will be found ‘not guilty’ of this offence.

This means that if you believe that you had an appropriate licence, or where you feel that you had some other reason to justify the use or possession of the firearm, you may consider pleading ‘not guilty’ to the offence.

Our highly experienced firearms lawyers can then help you fight the charges in court before a magistrate, who will listen to all the evidence before determining your guilt.

As Sydney’s firearms experts, you can trust our Accredited Criminal Law Specialists to help you get the best possible outcome in your case.

We can also advise you of any defences to the charges, for example:

Where you were coerced or threatened into possessing or using the firearm (duress)
Where the use or possession of the firearm was necessary to prevent serious injury or danger (necessity)
Where you used or possessed the firearm to protect yourself, your property or another person (self-defence)

Our skilled criminal lawyers have experience fighting and winning firearms cases and will be in the best position to advise you of your options, and whether or not you should plead ‘not guilty.’

Pleading Guilty

Sometimes, you may want to accept the allegations against you and enter a plea of guilty as soon as possible.

This will spare you the time and expense of a hearing, and it will most likely result in a more favourable outcome than if you had been found guilty by the court.

However, before entering a plea of guilty, it is important to speak to an experienced criminal lawyer with a sound track record of fighting firearms cases, because there may be a possibility that you can successfully fight the charges to secure a verdict of ‘not guilty.’

If you want to plead guilty to the charges, you should be aware of the maximum penalties that may apply.

Most of these matters are heard in the Local Court, where the maximum penalty for possessing or using an unlicensed firearm is two years imprisonment.

However, if the prosecution decides to have the matter dealt with in the District Court, you could face a harsher maximum penalty of five years imprisonment.

It is important to note that these are maximum penalties only, and will only apply in the most serious cases. In fact, the court is only able to use imprisonment as a last resort.

Our highly experienced criminal defence team can assist you in getting the best possible penalty, by presenting the facts and circumstances of your case in the most favourable light and persuading the magistrate to deal with the offence leniently.

We have a proven track record of getting excellent results in firearms matters, and in many cases, we have been able to obtain non conviction orders for our clients.

A non conviction order means that you are found guilty of the offence but you do not receive a criminal record – which means that your ability to work and travel will not be affected.

The magistrate can impose a wide range of penalties, including:

Statistics show that the most commonly imposed penalty for the possession or use of an unlicensed firearm is a fine.

Unauthorised Possession or Use of Prohibited Firearms - s7 Firearms Act

The offence of ‘unauthorised possession or use of prohibited firearm’ is very similar to the offence of ‘possess or use unlicensed firearm,’ however it differs in that it relates to a prohibited firearm, rather than just firearms generally.

These types of firearms are usually seen to be more dangerous – because of this, the maximum penalty that applies for this offence is significantly higher than that which applies for ‘possess or use unlicensed firearm.’

Although the prospect of facing onerous penalties for possessing or using a prohibited firearm may be alarming and upsetting, the expert team at Sydney Criminal Lawyers® has years of experience defending and winning these types of cases, so you can rest assured that your future is in safe hands.

Your Options

Pleading Not Guilty

Before you can be found guilty of possessing or using a prohibited firearm, the prosecution needs to prove two things beyond a reasonable doubt:

That you used or possessed a pistol or a prohibited firearm
That you did not have a valid permit or license to use or possess that firearm

If the prosecution is unable to prove both of these factors beyond a reasonable doubt, you will be found ‘not guilty’ of the offence.

This means that, in situations where you believe that you did not use or possess a prohibited firearm, or where you had a valid permit or license for the firearm, you may want to consider pleading ‘not guilty’ and fighting the matter in court.

If you go to court, you will be able to share your side of the story with the court to establish your innocence.

You may also wish to raise a defence to explain or justify your actions, for example:

Where you were coerced or threatened into possessing or using the prohibited firearm (duress)

Where the use or possession of the prohibited firearm was necessary to prevent serious injury or danger (necessity)

Where you used or possessed the prohibited firearm to protect yourself, your property or another person (self-defence)

If you wish to plead ‘not guilty’ to the charges, it’s important to get a good criminal lawyer on your side who has a proven track record of fighting and winning these types of cases. An experienced criminal lawyer will ensure that you get constructive and accurate advice and representation that will help you win your prohibited firearms case.

Pleading Guilty

If you are willing to accept the allegations against you, you might want to plead guilty at an early stage.

Pleading guilty at an early stage in the proceedings can lead to a better outcome, as it will show the court that you have accepted responsibility for your actions, which may induce them to give you a more lenient penalty.

If you plead guilty at an early stage, you will also be spared the time and expense of a trial or defended hearing, which can be costly and time-consuming.

However, before pleading guilty, you should speak to a knowledgeable and experienced criminal lawyer, because there may be some way in which you can fight the charges and be found ‘not guilty.’

If you’re considering pleading guilty to the charges, you should also be aware of the maximum penalties that you could face.

Generally, your matter will be dealt with in the Local Court before a magistrate, where the maximum penalty is 2 years imprisonment.

But if the prosecution chooses to have the matter dealt with in the District Court in front of a judge, you could face a much harsher penalty of up to 14 years imprisonment.

It is therefore important to make sure that your lawyer has considerable experience dealing with these types of matters, as a good criminal lawyer will fight to make sure that your matter stays in the Local Court.

At the end of the day, the type of penalty that you will receive depends on the facts and circumstances of your case – such as the number of weapons, the types of weapons, your criminal record, and so on.

The court is able to impose a wide range of penalties – these include:

More Information

What does the prosecution need to prove?

To be found guilty of ‘unauthorised possession or use of a prohibited firearm,’ the prosecution must prove two things beyond a reasonable doubt. If they are unable to prove these two elements, you will be found ‘not guilty’:

That you used or possessed a pistol or a prohibited firearm

See below for a comprehensive list of ‘prohibited firearms.’

That you did not have a valid permit or license to use or possess that firearm

The prosecution must also prove that you did not have a valid firearms license, or that the license that you held was not valid for possessing the particular firearm that you had at the time of the offence.

What is a prohibited firearm?

1.Any machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger.
2.Any self-loading rimfire rifle
3.Any self-loading centre-fire rifle
4.Any self-loading or pump action shotgun
5.Any self-loading centre-fire rifle of a kind that is designed or adapted for military purposes.
6.Any self-loading shotgun of a kind that is designed or adapted for military purposes.
7.Any firearm that substantially duplicates in appearance (regardless of calibre or manner of operation) a firearm referred to in item 1, 5 or 6.
8.A firearm, not being a pistol, of the Uberti or Armi-Jager brands, or any similar firearm fitted with a revolving ammunition cylinder (other than a firearm manufactured before 1920).
9.A shotgun fitted with or designed to be fitted with a drum magazine of the “Striker 12” assault shotgun type or any similar weapon.
10.Any firearm to which there is attached any article or device capable of muffling, reducing or stopping the noise created by firing the firearm.
11.A firearm, not being a pistol, fitted with a stock that is specially designed so as to be readily detachable, or to operate on a swivel, folding or telescopic basis.
12.A firearm made up in the form of a stylographic or propelling pen or pencil, capable of being used for the discharge of gas, bullets, shot, dye or pyrotechnic flares.
13.A firearm capable of discharging by any means:
a)Any irritant matter in liquid, powder, gas or chemical form, or
b)Any pyrotechnic flare or dye, or
c)Any article known as a “paint-ball”.
14.A firearm that:
a)Substantially duplicates in appearance some other article (such as a walking stick, walking cane or key ring), and
b)Disguises or conceals the fact that it is a firearm.
15.A cannon or other weapon by whatever name known of a type which will expel a projectile by the action of an explosive or other propellant, and which has a barrel with a bore in excess of 10 gauge, not being a firearm of the Very or rocket type designed and intended for use for life saving or distress signalling purposes, an antique muzzle loading firearm, or a rifle or shotgun manufactured before 1920.
16.Any firearm which, or part of which, has a dimension less than the minimum dimension prescribed for the firearm or part by the regulations.
18.Any device known as a “powerhead” that can be attached to the end of a spear gun and that is designed to propel a projectile by means of an explosive.

Unregistered Firearms - s36 Firearms Act

If you purchase, sell or own a firearm, the law says that you must register it with the Firearms Registry that is run by the NSW Police.

If you are caught selling, buying or possessing a firearm that has not been registered, you could face onerous penalties that could have a negative impact on your life, affecting your ability to carry out your work duties and travel overseas.

However, with the help and assistance of the expert defence team at Sydney Criminal Lawyers®, you can fight the charges to secure a positive outcome in your unregistered firearms case – leaving you free to work and travel as you please.

Your Options

Pleading Not Guilty

Before you can be found guilty of buying, selling or possessing an unregistered firearm, the prosecution has to prove several factors (elements).

If they are unable to prove these elements beyond a reasonable doubt, you will be found ‘not guilty:’

That you sold, bought or possessed a firearm
That the firearm was not registered with the Firearms Registry run by the NSW Police Force

If you feel that the prosecution will not be able to make out these elements beyond a reasonable doubt, you should discuss the option of pleading ‘not guilty’ with our highly experienced firearms lawyers.

As Sydney’s leading firearms experts, we have considerable experience fighting firearms cases to obtain the best results for our clients – as demonstrated by our proven track record of winning these types of cases.

Our skilled lawyers will be able to advise you whether you have grounds to fight the charges – for example, where you did not know that the firearm was unregistered, or where you didn’t own the firearm at the time of the offence.

If necessary, we can give you the best possible representation in court by fighting hard to dispute the prosecution allegations and raising all evidence to support your case.

We can also advise if you are able to raise any other defence to explain or justify your actions, for example:

Where you were coerced or threatened into possessing or using the unregistered firearm (duress)
Where the use or possession of the unregistered firearm was necessary to prevent serious injury or danger (necessity)
Where you used or possessed the unregistered firearm to protect yourself, your property or another person (self-defence)
Where you were unaware that the firearm had to be registered (honest and reasonable mistake of fact)

It’s important that you speak to an experienced criminal lawyer if you have been charged with an unregistered firearms offence, because this charge has the potential to significantly affect your life and future.

Pleading Guilty

If you don’t want to fight the charges, you may wish to enter a plea of guilty to the charges.

Often, pleading guilty at an early stage can be beneficial as it will save you the costs involved in having the matter heard in court, and it will also ensure that the matter is dealt with quickly.

It may also mean that you end up with a less harsh penalty, as an early guilt plea will show the court that you have accepted responsibility for your actions.

However, before you plead guilty, you should speak to a lawyer with considerable experience in dealing with firearms offences, as there may be some way in which you can fight the charges and be found ‘not guilty.’

If you’re thinking about pleading guilty, it’s important to know the maximum penalties that could apply.

Generally, unregistered firearms cases will be dealt with in the Local Court, where the maximum penalty is 2 years imprisonment.

However, if the prosecution chooses to have the matter dealt with by the District Court, the maximum penalty is 10 years imprisonment if the firearm is a prohibited firearm or pistol, and 5 years imprisonment for all other firearms.

You will find a list of ‘prohibited firearms’ in the More Information section at the bottom of this page.

It is important to remember that the penalties discussed above are maximum penalties only, so they will only apply in the most serious cases. The penalty imposed will depend on the facts and circumstances of your case.

Even if you simply wish to plead guilty, it’s important to ensure that you are being represented by a highly experienced and reputable lawyer as the right legal team can make all the difference when it comes to avoiding these harsh maximum penalties.

Our capable defence team can help you obtain the best possible result in your matter by presenting the facts and circumstances of your case in a positive light and persuading the magistrate to deal with the matter leniently by imposing an alternative penalty, for example:

More Information

What is a ‘prohibited firearm’?

The law says that there are 17 different types of prohibited firearms. These are:

1.Any machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger.

2.Any self-loading rimfire rifle

3.Any self-loading centre-fire rifle

4.Any self-loading or pump action shotgun

5.Any self-loading centre-fire rifle of a kind that is designed or adapted for military purposes.

6.Any self-loading shotgun of a kind that is designed or adapted for military purposes.

7.Any firearm that substantially duplicates in appearance (regardless of calibre or manner of operation) a firearm referred to in item 1, 5 or 6.

8.A firearm, not being a pistol, of the Uberti or Armi-Jager brands, or any similar firearm fitted with a revolving ammunition cylinder (other than a firearm manufactured before 1920).

9.A shotgun fitted with or designed to be fitted with a drum magazine of the “Striker 12” assault shotgun type or any similar weapon.

10.Any firearm to which there is attached any article or device capable of muffling, reducing or stopping the noise created by firing the firearm.

11.A firearm, not being a pistol, fitted with a stock that is specially designed so as to be readily detachable, or to operate on a swivel, folding or telescopic basis.

12.A firearm made up in the form of a stylographic or propelling pen or pencil, capable of being used for the discharge of gas, bullets, shot, dye or pyrotechnic flares.

13.A firearm capable of discharging by any means:
a)Any irritant matter in liquid, powder, gas or chemical form, or
b)Any pyrotechnic flare or dye, or
c)Any article known as a “paint-ball”.

14.A firearm that:
a)Substantially duplicates in appearance some other article (such as a walking stick, walking cane or key ring), and
b)Disguises or conceals the fact that it is a firearm.

15.A cannon or other weapon by whatever name known of a type which will expel a projectile by the action of an explosive or other propellant, and which has a barrel with a bore in excess of 10 gauge, not being a firearm of the Very or rocket type designed and intended for use for life saving or distress signalling purposes, an antique muzzle loading firearm, or a rifle or shotgun manufactured before 1920.

16.Any firearm which, or part of which, has a dimension less than the minimum dimension prescribed for the firearm or part by the regulations.

18.Any device known as a “powerhead” that can be attached to the end of a spear gun and that is designed to propel a projectile by means of an explosive.

Safe Keeping of Firearms - s39, 40 & 41 Firearms Act

The law says that if you have a firearm, you must take responsibility to ensure that it is kept safe and that it does not get stolen or lost, and that no unauthorised persons come into possession of the firearm.

If you fail to comply with these conditions, you could face harsh penalties under the law, which could have a negative impact on your life, as well as your ability to carry out your work duties and your hobbies.

However, in these bleak situations, you can benefit from the knowledge and experience of our expert criminal lawyers, who will use their in-depth knowledge of firearms law to secure a positive outcome in your case.

Your Options

Pleading Guilty

Before you can be found guilty of failing to keep your firearms safe, the prosecution has to prove certain things beyond a reasonable doubt.

The types of things that they have to prove depend largely on the type of firearms licence that you hold:

Type of licence

You may be found guilty if do ANY of the following things:

Category A or B

Where you fail to store or lock the firearm in an approved hard wood or steel receptacle while they are not in use or being carried;

Where the receptacle weighs less than 150 kilograms when empty and you fail to fix it in order to prevent its easy removal;

Where you fail to store any ammunition for the firearm in an approved locked container that is separate from the receptacle containing the firearm;

Where you fail to comply with any other conditions relating to the security and safe storage of the firearm and ammunition as required by the regulations.

Category C, D or H

Where you fail to store or lock the firearm in an approved steel safe when it is not being used or carried;

Where you fail to bolt the steel safe to the structure of the premises where the firearm is authorised to be kept;

Where you fail to lock any ammunition for the firearm in an approved separate container to the one containing the firearm;

Where you fail to comply with any other conditions relating to the security and safe storage of the firearm and ammunition as required by the regulations.

If you feel that all of the required conditions have been complied with, OR where you believe that you can prove that the alternative storage arrangements that were made were of an equal or higher standard than those required by the law, you should speak to our firearms law experts about how to fight the charges.

As Sydney’s leading firearms lawyers, we have the knowledge and skills necessary to secure the best possible outcome in your safekeeping of firearms case.

We can push to have the charges dropped at an early stage by raising problems with the prosecution evidence, or alternatively by raising evidence that supports your side of the story.

If the matter ends up in court, you can rest assured that our highly respected advocates will fight hard to win your case by presenting all evidence in a compelling manner and examining all witnesses.

Our knowledgeable experts can also advise whether you can raise a defence to the charges, for example:

Where you honestly but mistakenly believed that you had complied with all the conditions prescribed by the law honest and reasonable mistake of fact
Where you were coerced or threatened into failing to comply with the required conditions (duress)
Where you failed to comply with the necessary safe-keeping conditions to prevent serious injury or danger (necessity)
Where you failed to comply with the necessary safe-keeping requirements to protect yourself, your property or another person (self-defence)
Where you had made alternative storage arrangements to an equal or higher standard than that prescribed.

Our highly experienced firearms lawyers can also help you prove to the Commissioner that you made alternative storage arrangements to an equal or higher standard than that prescribed, which can help you obtain a verdict of ‘not guilty.’

Pleading Guilty

Alternatively, you may wish to accept the charges against you and plead guilty to the offence.

Sometimes, it is a good idea to plead guilty to the offence at an early stage in the proceedings, because it will show the court that you have accepted responsibility for your actions.

Because of this, the magistrate or judge may give you a lesser penalty – this is known as a ‘discount’ on your sentence.

You will also be spared the time and expense involved in a hearing or a criminal trial if you choose to plead guilty at an early stage.

However, you should always speak to an experienced criminal lawyer before making any admissions or entering a plea of guilty, as there may be some way in which you can fight the charges – for example, by raising a defence.

If you’re considering pleading guilty, you should always familiarise yourself with the maximum penalties that could apply in your case.

Your case will be heard in the Local Court in front of a magistrate. The maximum penalties depend on the type of firearm that you have:

If you are found guilty of failing to keep a pistol or prohibited firearm safe, you could face a maximum penalty of 2 years imprisonment and/or a $5,500 fine.
For all other firearms, the maximum penalty is 12 months imprisonment and/or a $2,200 fine.

However, it is important to bear in mind that these are maximum penalties, which means that they will only apply in the most serious cases. Courts will only ever impose a period of imprisonment as a last resort.

The type of penalty that you will receive in your case will depend on the facts and circumstances of your case – for example, the seriousness of the safekeeping breach, and how many firearms were not being kept safe.

The court can impose a wide range of alternative penalties, including:

You can improve your chances of getting a favourable penalty by getting a good criminal lawyer on your side who has experience fighting these types of cases.

In fact, with the help of an experienced criminal lawyer, you may be able to avoid a conviction altogether by getting a non conviction order, which is where you are found guilty of the offence but no conviction is recorded on your criminal history, which could otherwise impact your ability to work and travel.

More Information

What is a ‘prohibited firearm’?

The law says that there are 17 different types of prohibited firearms. These are:
1.Any machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger.