Firearms offences

Firearms offences are particularly serious. In NSW, a firearm is defined under section 4 of the Firearms Act 1996 (NSW) as a “gun or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive”. It includes replicas, blank fire firearms and air guns. The Firearms Act 1996 (NSW) and Weapons Prohibition Act 1998 (NSW) regulate the use, possession, manufacture and supply of firearms and associated components.

Offences under NSW legislation include:

  • unregistered/ unlicensed firearm – section 36(1) Firearms Act 1996 (NSW)
  • possess/use prohibited firearm - section 7 of the Firearms Act 1996 (NSW)
  • possess/use prohibited weapon – section 7 of the Weapons Prohibition Act 1998 (NSW)
  • trespassing or dangerous use of firearm (including an imitation firearm) or speargun – section 93H of the Crimes Act 1900 (NSW)
  • firing a firearm at a dwelling house or buildings – section 93GA of the Crimes Act 1900 (NSW)

The penalties are serious and the maximum penalties range from between 5 years and 16 years imprisonment.

Commonwealth legislation regulates the importation and exportation of firearms. This can include ordering firearms or firearm parts from overseas via the internet. Unlawfully importing a firearm or firearm accessories is an offence under section 233BAB of the Customs Act 1901 (Cth).

Contact Kingston Fox Lawyers to arrange an initial free consultation.