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Possess Firearm

Possession of a Firearm

Possessing a pistol or prohibited firearm without a licence is a serious criminal offence.  Offences for possessing a firearm or pistol without licence or permit are found in the Firearms Act 1996 (NSW).

1. Section 7A of the Firearms Act provides that a person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.

The maximum penalty that can be imposed is 5 years imprisonment.

2. Section 7(1) of the Firearms Act provides that a person must not possess or use a pistol or prohibited firearm unless the person is authorised to do so by a licence or permit.

The maximum penalty that can be imposed is 14 years imprisonment.

3. Section 36(1) of the Firearms Act provides that a person must not supply, acquire, possess or use a firearm that is not registered.

The maximum penalty that can be imposed is 14 years imprisonment if the firearm concerned is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

What does “possession” of a Firearm mean?

Section 4A of the Firearms Act defines “possession”.  A firearm is taken to be in possession of a person so long as it is in or on any premises owned, leased or occupied by, or if the firearm is in the care, control or management of a person.

However, a person does not have “possession” of a firearm if:

1. The firearm was placed in or on, or was brought into or on to, the premises by or on behalf of a person who was lawfully authorised to do so by the Firearms Act;

2. You did not know or could not reasonably be expected to have known that the firearm was in or on the premises; or

3. On the evidence before a Court, it could not be said you were in possession of the firearm

What is considered a "prohibited firearm" and a "prohibited pistol"?

A list of prohibited firearms can be found in Schedule 1 of the Firearms Act.

A prohibited pistol includes:

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

However, a prohibited pistol does not include any such kind of pistol that is a black powder pistol.

Defences

1. That the firearm does not fall within the definition of a firearm in the Firearms Act

2. That you had the proper licence to possess the pistol or firearm

3. The firearm was placed in or on, or was brought in to your premises, by a person who was lawfully authorised to do so.

4. Or you could not have reasonably known that the firearm or pistol was on your premises.

There may also be additional defences available to you, depending on the circumstances of your case.

Potential Penalties

An offence in contravention of section 7A, section 7(1) and section 36(1) of the Firearms Act is considered a ‘Table 2’ offence. This means that the DPP can elect to prosecute the matter in the District Court.

Most commonly, an offence in contravention of section 7A, section 7(1) and section 36(1) of the Firearms Act will stay in the jurisdiction of the Local Court.