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    Unauthorised Possession or Use of Firearms

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      Best Unauthorised Possession or Use of Firearms Lawyers

      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 SHOULD I DO?

      • PLEADING NOT GUILTY

        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):

        1. You possessedor used a firearm; and
        2. You did not have a licence or permit which entitled you to do so.

        For an offence of Possess or use prohibited firearm or pistol pursuant to Section 7A of the Firearms Act 1996 (NSW):

        1. You possessedor used a pistol or prohibited firearm; and
        2. You did not have a licence or permit which entitled you to do so.

        For an offence of Supply, acquire, possess or use unregistered firearm:

        1. You supplied, obtained orpossesseda firearm; and
        2. That firearm was not registered.

        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:

        1. A pistol with a calibre of more than .38 inch
        2. A self-loading pistol with a barrel length of less than 120mm
        3. A revolver with a barrel length of less than 100mm

        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:

        1. You were permitted to possess or use the pistol or firearm under a licence or permit.
        2. You used or possessed it for a theatrical, film or artistic purpose permitted by a valid permit.
        3. Your firearm was not a pistol or prohibited firearm.
        4. Necessity: Your possession or use of the firearm was necessary in the circumstances
        5. Duress: Where you did it to prevent serious harm being caused, or where you did it from an imminent threat or you were forced to.
        6. The prosecution cannot prove you had ‘possession’ of the firearm.
        7. Knowledge: You were not aware and could not reasonably be expected to be aware that the firearm was in or on the premises
        8. The firearm was brought into the premises by a person who was lawfully authorised to do so
        9. If charged with a pistol offence, the pistol was a black powder pistol.

         

        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.

      • PLEADING GUILTY

        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?

        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 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.

      Ask a question now!