Submit your inquiry to speak to a Senior Lawyer
Our senior criminal lawyers are vastly experienced in defending charges of unauthorised possession or use of firearms.
We understand the strict requirements of the Firearms Act and 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. We have years of experience in helping our clients avoid convictions for firearms offences.
What is unauthorised possession or use of firearms?
How do you beat an unauthorised possession or use of firearms charge?
You can fight an unauthorised possession or use of firearms charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:
For an offence of Possess or use unauthorised firearm pursuant to Section 7 of the Firearms Act 1996 (NSW):
For an offence of Possess or use prohibited firearm or pistol pursuant to Section 7A of the Firearms Act 1996 (NSW):
For an offence of Supply, acquire, possess or use unregistered firearm:
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.
What is possession of a Firearm?
‘Possession’ for the purposes of a Firearms offence is defined in Section 4A of the Act as being in or on any premises you owned, leased or occupied, or if the firearm is in your care, control or management of a person.
What is considered a prohibited firearm?
Schedule 1 of the Firearms Act provides a list of the prohibited firearms. You should speak to an expert firearms solicitor who can provide advice as to whether or not the firearm you are charged with falls into this list.
What is a prohibited pistol?
A prohibited pistol is defined as including:
You will be found not guilty if police are unable to prove, beyond reasonable doubt, any one of the above.
What are the Defences to Possess or Use Firearm?
There are a number of defences to each of the above charges:
Contact us now to discuss your case with a specialist firearms lawyer. Our team have years of experience in analysing prosecution cases and identifying appropriate defences. We are also adept at negotiating with Police to have charges dropped before they reach Court.
If you are pleading guilty to a firearms offence, 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 are the penalties for Possess Unauthorised Firearm or Pistol?
The maximum penalty for Possess or use unauthorised firearm is 5 years imprisonment.
The maximum penalty for Possess or use prohibited firearm or pistol is 14 years imprisonment.
The maximum penalty for Supply, acquire, possess or use unregistered firearm is 14 years imprisonment if the firearm is a pistol or prohibited firearm. The maximum penalty is 5 years imprisonment in the case of any other firearm.
What are the Possible Sentences for Possess or use firearm?
Will you go to jail for Possess or use firearm?
Looking at Local Court statistics since 2018, we can see that 50% of people were sentenced to some kind of imprisonment for this offence. 36% persons were sentenced to full-time imprisonment. Only 9% of offenders received no conviction for possess or use firearm. All remaining offenders received convictions along with some other penalty (for example a fine, good behaviour bond etc).
A criminal conviction for this offence is very likely and a jail term is a strong possibility. That is why it is important that you speak to Australia’s best firearms lawyers to give yourself the best defence.