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Firearms offences in NSW are predominantly found under the Firearms Act 1996 (NSW). Given the seriousness of firearms and weapons offences generally, the law imposes significant potential maximum penalties, including potential sentences of imprisonment for firearms offences. There are a number of key considerations when choosing firearms offence lawyers in Sydney and it is very important to engage a lawyer detailed knowledge and experience in firearms offences. This article examines some of the most common firearms offences as well as what to consider when choosing a firearms offence lawyer in Sydney.
Possession of firearm without Licence in NSW
Under Section 7 of the Firearms Act 1996 (NSW) a person must not possess or use a pistol or prohibited firearm unless that person is authorised to do so by licence or permit. The maximum penalty for this offence is 14 years imprisonment. Prohibited firearms are set out in Schedule 1 of the Firearms Act 1996 (NSW). These include firearms such as machine guns, self-loading and pump action shotguns along with various other firearms.
Section 7A of the Firearms Act 1996 (NSW) states that a person must not possess or use a firearm unless that person is authorised to do so by licence or permit. The maximum penalty for this offence is 5 years imprisonment. A firearm is defined as a gun or other weapon that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 or anything declared by the regulations not to be a firearm.
Do firearms need to be registered in NSW?
Under section 36 of the Firearms Act 1996 (NSW) a person must not supply, acquire, possess or use a firearm that is not registered with the Commissioner of Police. The maximum penalty for this offence is 14 years imprisonment if the firearm is a pistol or prohibited firearm. In any other case, the maximum penalty is 5 years imprisonment.
What are the penalties for not keeping firearms safely secured?
Under section 39 of the Firearms Act 1996 (NSW) a person who possesses a firearm must take all reasonable precautions to ensure its safe keeping, that it does not stolen or lost and that it does not come into the possession of a person who is not authorised to possess the firearm. The maximum penalty for this offence is a fine of $5,500.00 and/or imprisonment for 2 years if the firearm was a prohibited firearm or pistol or a $2,200.00 fine and/or imprisonment for 12 months in any other case.
There are also legislative requirements pertaining to the safe keeping of firearms pertaining to licenced firearms holders. Examples of such requirements include storing firearms in an approved receptacle or safe, which is locked, with ammunition kept locked separately in an approved receptacle or safe.
I have been charged with a firearms offence. How do I choose the right lawyer?
Choosing the right firearms offence lawyer in Sydney is important to maximise your chances of obtaining the best possible outcome in your case. First and foremost, it is important to choose a lawyer who is experienced and possesses a detailed knowledge of firearm offences. Our team of lawyers have many years of experience in defending firearms offences and possess a detailed knowledge of the law, potential penalties as well as potential defences. Our lawyers are highly skilled and respected advocates who pride themselves on their ability to present your case persuasively to obtain the best possible outcome.
There are many different statutory defences available within the Firearms Act. Depending on your charge and circumstances, our lawyers may assist you with advancing any available defence, resulting in potentially having your charges dropped prior to trial.
In some cases, the question of whether an item alleged to be a firearm is actually capable of being classified as a firearm may arise. In such cases, our team of expert firearms offence lawyers in Sydney will be able to arrange to have a ballistics expert provide an opinion as to whether the police can prove whether an alleged firearm actually satisfies the definition of a firearm under the legislation.
In many cases, police lay incorrect charges or lay too many charges against an accused person. Our lawyers have many years of experience in negotiating with the police to have incorrectly or inappropriately laid charges dropped against our clients.
Even if you intend pleading guilty to your firearms offence, our lawyers have many years of experience in presenting persuasive and compelling cases on sentence. Our lawyers are respected amongst judges and magistrates, and we are renowned for our ability to obtain excellent results for our clients.
Why Choose Australian Lawyers and Advocates?
If you are facing a criminal investigation or criminal charges involving firearms offences our team of firearms offences lawyers in Sydney can help. We will carefully consider your case and provide expert advice on your options.
Our team of expert criminal and traffic defence lawyers in Sydney have a proven track record of securing successful outcomes for our clients in criminal law matters. Our results speak for themselves.
If you require expert representation in a criminal or traffic law matter, don’t delay. Contact our expert criminal defence lawyers in Sydney today.
The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.
