Safe Keeping of Firearms | Astor Legal

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    Safe Keeping of Firearms

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      Best Safe Keeping of Firearms Lawyers

      Failing to keep firearms safely is a charge our senior criminal lawyers deal with on a regular basis. We understand the strict requirements of the Firearms Act can sometimes be overlooked.

      We also understand the long term consequences of a conviction for a firearms offence (eg. a loss of your firearms licence and confiscation of your firearms).

      Contact us now to speak to one of our specialist firearms lawyers who can begin preparing your defence.

      WHAT SHOULD I DO?

      • PLEADING NOT GUILTY

        What is Failing to keep firearms safely?

        If you had custody and control of a firearm and did not keep it as required, or it was lost or stolen and you did not take all reasonable actions to prevent this, you can be guilty of an offence.

        How do you beat a ‘Failing to keep firearms safely’ charge?

        The prosecution must prove each of the below elements in order for you to be found guilty of this offence.

        If charged with Failing to keep firearms safely pursuant to Section 39 of the Firearms Act 1996 (NSW):

        1. You had possession (ie. Custody and control) of a firearm; and
        2. It wasn’t safely kept; or it was stolen or lost; or it came into possession of an unauthorised person; and
        3. You failed to take all reasonable precautions to prevent this from happening

        If charged with Not comply with Category A or B Licence pursuant to Section 40 of the Firearms Act 1996 (NSW):

        1. You held a category A or B licence; AND
        2. You failed to store it in a locked receptacle made of hard wood or steel; or
        3. The receptacle wasn’t fixed, weighing less than 150kg when empty; or
        4. The receptacles locks were not an approved solid metal; or
        5. The firearms ammunition was not stored in an approved locked container and was not kept separate from the receptacle containing the firearm.

        If charged with Not comply with Category C, D or H Licence pursuant to Section 41 of the Firearms Act 1996 (NSW):

        1. You held a category C, D or H licence; AND
        2. You failed to store it in an approved locked steel safe, making it easy to penetrate; or
        3. You failed to bolt the safe to a structure of your premises where it’s authorised to be kept; or
        4. You failed to store the ammunition of the firearm in an approved locked container, and you failed to keep it separate from the safe containing the firearm; or

         

        If any of these elements are not made out, then you can be found ‘not guilty’.

        Secondly, you can rely on one of the defences.

        Contact us now to discuss how we can begin preparing your defence.

        What are the Defences to Failing to keep firearms safely?

        The following defences are available:

        1. You stored the firearms in your premises and that storage was of the same or better standard than required by law.
        2. Honest and reasonable mistake: You honestly believed that you complied with the requirements of safely keeping the firearms, and that belief was reasonably held.
        3. Duress: You were forced to not comply with safely keeping the firearms
        4. Necessity: It was necessary for you not to comply with the safety requirements

        Contact us now to speak to one of our specialist firearms lawyers so they can begin preparing your defence.

      • PLEADING GUILTY

        If you are pleading guilty to failing to safely keep firearms offences, our guide will provide some general assistance.

        However, for expert representation in Court and advice specific to your case, you should contact us now to speak to our accredited specialist in criminal law.

        What is the penalty for Failing to keep firearms safely?

        There are a range of penalties for this offence depending on how serious the failure is.

        If a pistol or ‘prohibited firearm’ was not kept safely, the maximum penalty is 2 years imprisonment and/or a fine of $5,500 fine.

        If the firearm was not a pistol or ‘prohibited firearm’, the maximum penalty is 12 months and/or a fine of $2,200.

        The maximum penalty for not complying with any of the category A or B licence requirements is 12 months imprisonment and/or a fine of $2,200.

        The maximum penalty for not complying with any of the category C, D or H licence requirements is 2 years imprisonment and/or a fine of $5,500.

         

        What are the Possible Sentences for Failing to keep Firearms Safely?

        1. Section 10 dismissal
        2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
        3. Fine
        4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
        5. Community Corrections Order (previously known as Community Service Order)
        6. Intensive Corrections Order
        7. Home Detention Order (no longer used in NSW)
        8. Full Time Imprisonment

        Will you go to jail for Failing to keep Firearms Safely?

        An examination of statistics in the Local Court since 2018 sets out that 8% of people were sentenced to full-time imprisonment for this offence. 8% of persons also received no conviction for failing to keep firearms safely. All remaining offenders received convictions along with some other penalty (for example a fine, good behaviour bond etc).

        As you can see, not keeping firearms safely is taken very seriously by the Courts. There is high likelihood of receiving a criminal conviction and even a possibility of jail.

        That is why it is important that you speak to Australia’s best firearms lawyers to obtain the best possible result.

      FAQ

      Can you keep a gun safe in the garage?

      Yes. The garage is still on your premises so you are able to keep your firearms in the garage.

      Should you store guns and ammo together?

      No. You should keep your firearms and ammunition stored separately to ensure there is no unauthorised use.