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Firearm and dangerous weapon offences carry severe penalties in NSW. At Morrisons, we provide expert legal advice for those charged with firearm and dangerous weapon-related offences.
In NSW, the possession and use of firearms and dangerous weapons are strictly regulated under the Firearms Act 1996, Weapons Prohibition Act 1998 and the Crimes Act 1900. These laws impose strict regulations on the possession, use and storage of firearms and other weapons.
The legislative framework around firearms and dangerous weapons became particularly stringent following the national response to the Port Arthur massacre, leading to tighter regulations across Australia.
Unauthorised possession or use of a firearm is a serious offence, with penalties including imprisonment. Holding a firearm licence in NSW is considered a privilege and licensed users must follow strict conditions to keep their permits.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Some of the most common firearm offences include the following – note that these can vary depending on the type of firearm:
| Offence | Description | Maximum penalty |
| Possess unauthorised firearm | A person cannot possess a firearm unless they are authorised to do so by a licence or permit. | Local Court – $5,500 and 2 years imprisonment
District Court – 5 years imprisonment |
| Possess unregistered firearm | It is illegal to possess an unregistered firearm in NSW, even if the individual has a firearms licence. | Local Court – $5,500 and 2 years imprisonment
District Court – 5 years imprisonment |
| Possess a loaded firearm in a public place | It is a serious criminal offence to possess a loaded firearm in a public place. | Local Court – $5,500 and 2 years imprisonment
District Court – 10 years imprisonment |
| Supplying a firearm (unregistered) | This includes providing an unregistered firearm to another person, without the relevant authority or permit. | Local Court – $5,500 and 2 years imprisonment
District Court – 5 years imprisonment |
Some of the most common weapon offences include the following – note that these can vary depending on the nature of the weapon and the existence of Weapon Prohibition Orders (WPOs).
| Offence | Description | Maximum penalty |
| Possess prohibited weapon | A person cannot possess a prohibited weapon unless they are entitled to do so by a licence or permit. Prohibited weapons cover many items such as capsicum spray and knuckle dusters. | Local Court – $11,000 and 2 years imprisonment
District Court – 14 years imprisonment |
| Possess prohibited weapon contrary to a Weapons Prohibition Order (WPO) | It is a serious offence to possess a prohibited weapon if you are subject to a weapons prohibition order. | Local Court – $11,000 and 2 years imprisonment
District Court – 10 years imprisonment |
| Sell a prohibited weapon to a person without a permit | A person must not sell a prohibited weapon to another, unless the buyer is authorised to possess the weapon by way of a permit. The seller must see the buyer’s permit, or know the buyer is an authorised weapons dealer. | Local Court – $11,000 and 2 years imprisonment
District Court – 14 years imprisonment |
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
If you are facing charges for possessing a firearm or prohibited weapon, there are some defence strategies that may help your case before the Court. These can vary depending on the nature of the case.
Some of these strategies might include:
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
The NSW Police have the power to serve an FPO or WPO, or both. These orders prohibit a person from possessing firearms and weapons. They also provide Police with broad powers to search you or your property without a warrant.
In some situations, you can appeal against the making of these orders. However, there are time limits and restrictions depending on the type of order.
At Morrisons, our experienced criminal lawyers understand these challenges and are dedicated to providing expert legal representation. Contact us today to explore your legal options.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
A firearm refers to any weapon capable of propelling a projectile using explosives, including blank firearms or air guns. A prohibited firearm is listed under Schedule 1 of the Firearms Act and includes items like machine guns, self-loading rifles and pump-action shotguns. A pistol is a firearm designed to be fired with one hand and is subject to specific size regulations.
A prohibited weapon is defined under Schedule 1 of the Weapons Prohibition Act and includes items like knives, explosives, missiles, crossbows, batons, slingshots, tasers and spear guns.
In most cases, the decision can be reviewed internally by the Firearms Registry or externally by the NSW Civil & Administrative Tribunal (NCAT). Morrisons can assist with both review processes.
Yes – knuckle dusters are deemed a weapon under Schedule 1 of the Weapons Prohibition Act 1998.