In New South Wales, the possession, use, and sale of firearms are tightly controlled under the Firearms Act 1996. This legislation was introduced to reduce gun-related crimes and promote public safety, establishing comprehensive rules governing who can legally own and use firearms.
The Act applies to all individuals and businesses in NSW, requiring appropriate licences, permits, and adherence to specific safety and storage requirements. Violating these laws can lead to severe criminal penalties, including imprisonment.
This article explores the key firearms offences under NSW law, the penalties involved, and what to do if you are charged.
Key Takeaways
- Firearms in NSW are regulated under the Firearms Act 1996, outlining strict laws on possession, use, and licensing. Firearms offences are also referenced in other legislation in NSW, such as the Crimes Act 1900.
- Offences include unauthorised possession, improper storage, and using a firearm without the correct licence.
- Penalties for firearms offences vary based on the severity, ranging from fines to lengthy terms of imprisonment.
- Certain firearms are classified as “prohibited firearms”, carrying harsher penalties if illegally possessed or used.
- Legal defences exist but depend on the specifics of each case – expert legal advice is essential.
Firearms Classifications in NSW
There are multiple categories of firearm licences in NSW based on the type and potential risk of the firearms the licence category applies to. These categories determine which licence a person must have to be in lawful control of a firearm, the types of firearms the licence holder may possess or use, the storage requirements and other legal restrictions or obligations.
Category A
- Air rifles
- Rimfire rifles (excluding self-loading)
- Shotguns (other than pump action, lever action or self-loading)
- Shotgun, Rimfire combinations
Category B
- Muzzle-loaded firearms (other than a pistol)
- Centrefire rifles (other than self-loading)
- Shotgun, Centrefire rifle combinations and Lever action shotguns (with no more than 5 round capacity)
Category C (prohibited except for limited purposes)
- Self-loading rimfire (with a magazine of no more than 10 rounds)
- Self-loading shotguns (with magazine capacity of no more than 5 rounds)
- Pump action shotguns (with a magazine capacity of no more than 5 rounds)
Category D (prohibited except for official purposes)
- Self-loading centrefire rifles
- Self-loading rimfire rifle (with magazine capacity of no more than 10 rounds)
- Self-loading shotgun (with a magazine capacity of no more than 5 rounds)
- Pump action shotguns (with a magazine capacity of more than 5 rounds)
- Lever action shotguns (with a magazine capacity of more than 5 rounds)
- And any firearms to which a Category C licence applies
Category H
- Pistols which includes a hand gun, blank fire pistols and air pistols
Prohibited Firearms
- Includes those designed for military purposes, machine guns, fully automatic weapons, and certain modified firearms
Possessing or using a firearm without the appropriate licence is prohibited and carries significant legal consequences.
Common Firearms Offences in NSW
1. Unauthorised Possession or Use of a Firearm
It is a criminal offence under section 7A of the Firearms Act 1996 to possess or use a firearm without the appropriate licence or permit. Under the Firearms Act 1996, even temporary possession without a licence is illegal.
Penalties:
- Fines of up to $110,000
- Imprisonment for up to 5 years
2. Possession or Use of a Pistol or Prohibited Firearm
Possessing a pistol or prohibited firearm – such as fully automatic rifles or certain modified weapons – without special authorisation is a serious offence and carries far more significant penalties under section 7 of the Firearms Act.
Penalties:
- Fines exceeding $110,000
- Imprisonment for up to 14 years
- The standard non-parole period is 4 years imprisonment
3. Improper Storage of Firearms
Firearm owners in NSW are legally required to store their weapons safely and securely to prevent unauthorised access. Failure to comply with these requirements can lead to criminal charges and obligations apply whether you are licensed or not. If you possess a firearm and do not store it properly, you will likely face multiple charges.
Depending on the type of firearm, the storage requirements include a number or all of the following characteristics:
- A safe commercially manufactured or steel or hardwood, that is designed for the storage of firearms and not easily penetrable.
- The lock on the safe must also comply with certain requirements.
- Separate locked storage for ammunition.
- Depending on the class of firearms stored, each firearm may also need to be individually locked.
- Bolting safes to the floor or wall (depending on the weight of the storage and class of firearms stored within cabinet).
- Further requirements apply if the firearms are stored outside of your normal place of residence.
Failure to comply with the storage requirements may result in your firearms licence being suspended or revoked (or both), your firearms being seized, and/or criminal penalties.
Penalties:
- In the case of a pistol or prohibited firearm –
- Fines of up to $5,500
- Imprisonment for up to 2 years
- In any other case –
- Fines of up to $2,200
- Imprisonment for up to 1 year
4. Firing a Firearm or Spear Gun in or near a Public Place
Discharging a spear gun or firearm in or near a public place without lawful excuse is a serious offence under section 93G of the Crimes Act 1900.
Penalties:
- Imprisonment for up to 10 years
- Fines of up to $110,000
This offence is not likely to be charged in the case of a pistol or “prohibited firearm” because police would prefer to charge under section 7 of the Firearms Act for using a pistol or prohibited firearm, which has a higher maximum penalty of 14 years imprisonment.
5. Firearms Trafficking and Supply
Prior to a sale of a legal firearm and transferring ownership, there are a number of requirements that must be met.
The illegal sale, supply, or trafficking of firearms is treated as a major criminal offence, often linked to organised crime or crime syndicates.
Penalties:
- Imprisonment for up to 20 years
6. Possession While Under the Influence
It is illegal to handle or use a firearm while under the influence of any drug or alcohol under section 64 of the Firearms Act 1996. The law views this as reckless and endangering public safety.
Being in possession of a firearm while under the influence of alcohol or any other drug may result in your firearms licence being suspended or revoked (or both), your firearms being seized, and/or criminal penalties.
The offence is target at being under the influence, so even being under the influence of prescription drugs may be a criminal offence.
Penalties:
- Imprisonment of up to 5 years
- A fine of up to $110,000
Legal Defences to Firearms Offences
If charged with a firearms offence, several legal defences may be available, depending on the case:
- Lack of knowledge: If the accused was unaware of the firearm’s presence.
- Mistaken identity: In cases where the accused is wrongly identified.
- Lawful authority: If the firearm was possessed or used under a valid licence or for legal purposes.
- Necessity or duress: In rare cases where the offence occurred due to immediate threat or coercion.
Legal defences are complex and often require strong evidence. It is crucial to consult with an experienced criminal lawyer if facing firearms charges.
What to Do If You’re Charged with a Firearms Offence
1. Seek Legal Representation: Firearms offences can result in heavy penalties. An experienced criminal lawyer can help build a strong defence.
2. Seek Legal Advice before Speaking with Police: Consult with your lawyer prior to making statements to the police.
3. Review Evidence Carefully: Your lawyer will examine the prosecution’s evidence.
4. Prepare for Court: Whether negotiating a plea deal or going to trial, having legal representation increases your chances of a favourable outcome.
Conclusion
Firearms offences in NSW are taken very seriously, with strict laws governing their possession, use, supply and storage. Even minor breaches of the Firearms Act 1996 can lead to significant fines, loss of licences, seizer of firearms and potential imprisonment.
If you are facing firearms-related charges, it is essential to seek legal guidance immediately. An experienced criminal defence lawyer can help protect your rights, challenge unfair charges, and work toward the best possible outcome.
Book a free, private and confidential consultation by calling Conditsis Lawyers Newcastle on 02 4058 5844 or complete our Contact Us form to have a lawyer contact you.
