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Charged with a Firearms or Weapons Offence?
Firearms and weapons offences in NSW are governed by the Firearms Act 1996 (NSW) and the Weapons Prohibition Act 1998 (NSW). These offences are treated extremely seriously by the courts, reflecting the significant public safety concerns associated with weapons. Penalties range from fines for minor storage breaches to 14 years’ imprisonment for unauthorised possession of a prohibited firearm, with standard non-parole periods applying to some offences.
At Blackridge Law, we provide experienced defence for all firearms and weapons charges. Whether you are a licensed shooter facing a regulatory breach or have been charged with serious unauthorised possession, our lawyers provide strategic advice and strong court representation.
Contact Blackridge Law on 02 9159 9010 for a free, confidential consultation.
Firearms and Weapons Offences and Penalties
| Offence | Section | Max Penalty |
|---|---|---|
| Unauthorised Possession/Use — Prohibited Firearm or Pistol | s 7, Firearms Act | 14 years (SNPP 5 years) |
| Unauthorised Possession/Use — Other Firearm | s 7A, Firearms Act | 5 years |
| Possess Unregistered Firearm | s 36, Firearms Act | 5 years (14 years if pistol/prohibited) |
| Unauthorised Sale/Supply of Firearm | s 50A/51, Firearms Act | 10–14 years |
| Supply of Prohibited Firearm on Ongoing Basis | s 51D, Firearms Act | 20 years |
| Shorten Firearm | s 62, Firearms Act | 10 years |
| Not Keep Firearm Safely | s 39, Firearms Act | $5,500 and/or 2 years (pistol/prohibited) |
| Use Firearm Under Influence of Alcohol/Drug | s 64, Firearms Act | $5,500 and/or 2 years |
| Possess/Use Prohibited Weapon | s 7, Weapons Prohibition Act | 14 years (SNPP 5 years) |
| Firearms Prohibition Order Breach | s 74, Firearms Act | 5 years (14 years if pistol/prohibited) |
Note: SNPP = Standard Non-Parole Period. Local Court maximum is generally 2 years and/or $5,500 fine.
Key Elements of Firearms Offences
For the most common charge of unauthorised possession (s 7), the prosecution must prove beyond reasonable doubt that you possessed or used a firearm, that the firearm was a pistol or prohibited firearm, and that you were not authorised to possess or use it by a licence or permit. Notably, imitation firearms and parts are treated the same as genuine firearms under the Act.
Defences to Firearms and Weapons Charges
- No Possession: You did not have physical custody or control of the firearm or weapon
- Authorised Possession: You held a valid licence or permit authorising your possession
- Duress: You possessed the firearm under threat of serious harm
- Necessity: You possessed the firearm briefly in circumstances of genuine emergency (for example, removing a firearm from a dangerous situation)
- No Knowledge: You did not know the item was a firearm or prohibited weapon
- Identification: You were not the person in possession of the firearm
- Unlawful Search: The firearm was found during an unlawful search and the evidence should be excluded
Firearms Prohibition Orders (FPOs)
A Firearms Prohibition Order is issued by the NSW Police Commissioner to prohibit an individual from acquiring, possessing, or using firearms, firearm parts, or ammunition. If you are subject to an FPO, police have broad powers to search you, your premises, and your vehicle without a warrant. Breaching an FPO is a criminal offence. Our lawyers assist clients in challenging FPOs and defending breach charges.
How Blackridge Law Can Help
- Urgent bail applications for firearms charges, including show cause matters
- Challenging search warrant validity and the lawfulness of police searches
- Forensic analysis of whether an item meets the legal definition of a firearm
- Licence and permit issues — advising on regulatory breaches vs. criminal charges
- Defence at trial in the Local Court, District Court, and Supreme Court
- Strong sentencing submissions to minimise penalties and avoid full-time imprisonment
Speak with a lawyer
Charged with a firearms offence? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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