Firearm Offences
What are
Firearm Offences?
In New South Wales, a firearm offence refers to any illegal activity involving the possession, use, supply, manufacture, or trafficking of firearms or prohibited weapons. These offences are governed primarily by the Firearms Act 1996 (NSW) and the Weapons Prohibition Act 1998 (NSW), both of which impose strict controls to ensure public safety. The firearm offences include:
Unauthorised Possession or Use of a Firearm
This occurs when a person has a firearm without holding a valid firearm licence or permit. Even if the firearm is not used, simply possessing it unlawfully is a serious offence.
Possessing a Prohibited Firearm
Prohibited firearms include automatic weapons, machine guns, sawed-off shotguns, and certain handguns. The law applies regardless of whether the firearm is loaded or operable.
Supplying, Acquiring, or Manufacturing Firearms Without a Licence
It is illegal to buy, sell, give away, or make a firearm without proper authorisation. This includes private sales, trades, or gifts. Manufacturing includes activities like assembling or altering firearms, even in a non-commercial setting.
Carrying a Firearm in a Public Place
Even if licensed, carrying a firearm in a public area without lawful purpose or secure containment is an offence. This law aims to prevent the risk of harm or public alarm.
Possessing an Unregistered or Defaced Firearm
All firearms in NSW must be registered to their licensed owner. Possessing an unregistered firearm—or one with a defaced, removed, or altered serial number—raises significant concerns around criminal use and illegal trafficking.
Unsafe Storage of Firearms
Licensed firearm holders have strict legal obligations regarding the safe storage of their firearms and ammunition. This includes securing firearms in an approved safe and separating ammunition. Failure to comply, even without criminal intent, may lead to loss of licence, fines, or imprisonment, especially if the breach results in theft or misuse.
Firearms Trafficking
Trafficking involves the illegal movement, distribution, or sale of firearms, often across state or national borders. This is among the most serious firearms offences.
Possessing a gel blaster is considered a firearms offence under the Firearms Act 1996 (NSW). Although gel blasters are often marketed as toys, they are classified as prohibited firearms in NSW due to their resemblance to real guns and their ability to discharge projectiles. A gel blaster is a toy gun that shoots water-absorbent gel balls. Despite their non-lethal nature, many gel blasters are realistic in appearance and can closely resemble actual firearms, including rifles and handguns.
The Penalties of
Firearm Offences
The penalties for firearms offences—including offences involving gel blasters—are severe, reflecting the government’s strict stance on public safety and the illegal use or possession of weapons. They include:
Unauthorised possession or use of a firearm (s7A)
Maximum penalty:
5 years imprisonment
Possession of a prohibited firearm (s7)
Including automatic weapons, sawed-off shotguns, gel blasters
Maximum penalty:
14 years imprisonment
Unauthorised manufacture or supply of firearms (s50)
Maximum penalty:
20 years imprisonment
Unauthorised possession of pistol or prohibited firearm in public (s93l)
Maximum penalty:
14 years imprisonment
Possession of defaced firearm or unregistered firearm (s36)
Maximum penalty:
10-14 years imprisonment
Unsafe storage of firearms (s39-s43)
Maximum penalty:
2 years imprisonment and/or
Fines
Firearms trafficking (s51B)
Maximum penalty:
Up to life imprisonment in serious or repeated cases
Certain aggravating factors can significantly increase the severity of penalties for firearms offences in NSW. These include the use of the weapon to threaten or intimidate others, especially in circumstances that cause public fear or distress. Offending in company—that is, with others—can also lead to harsher consequences, as can committing the offence in a public place or near a school zone, where the risk to public safety is heightened. Individuals with a history of prior convictions or those engaged in repeat offending are likely to face more severe sentences. Additionally, failing to properly store or secure the weapon can be seen as a serious breach of responsibility, and impersonating police or armed forces while possessing a firearm further elevates the gravity of the offence. Courts consider these factors as indicators of higher risk and culpability, often resulting in longer custodial sentences or additional charges.
The Possible
Defence Strategies
Defending a firearms offence requires careful legal strategy tailored to the facts of the case and the specific charge. Because firearms offences carry severe penalties, including lengthy imprisonment, it is crucial to challenge the prosecution’s case effectively and ensure the accused’s rights are protected. The possible defence strategies may include:
Lack of Knowledge or Intent
One of the strongest defences is that the accused did not know they were in possession of a firearm or had no intention to possess or use it unlawfully. For example, if a firearm was found in a shared property or vehicle, the defence may argue the accused was unaware of its presence.
Lawful Possession or Licensing
If the accused holds a valid firearms licence or permit, and the weapon was used or stored in accordance with legal requirements, this may be a complete defence. This strategy may apply to authorised security personnel, hunters, or sport shooters, depending on the context and the type of firearm.
Illegal Search or Seizure
If the police conducted an unlawful search, obtained evidence without a warrant, or breached procedural fairness, the defence can argue that the evidence (e.g. the firearm) is inadmissible in court under the Evidence Act 1995 (NSW).
Mental Health or Cognitive Impairment
Argues the accused was suffering from a mental illness at the time of the offence and did not understand the nature or wrongfulness of their actions.
May result in a special verdict of not guilty by reason of mental illness and diversion to a mental health facility.
No Control or Possession
The defence may argue that although the firearm was found nearby, the accused did not have control or exclusive access to it, which is a required legal element for a possession charge. Mere proximity to a firearm does not automatically prove possession under law.
Choosing Sydney Defenders to represent you in a firearm offence matter ensures you receive the highest level of legal expertise, discretion, and strategic defence. Our firm understands the immense pressure clients face in these circumstances and provide strong, confidential support from the outset. We offer access to an exclusive network of seasoned criminal defence barristers, regularly briefed in complex matters held in both Local and Supreme Court. Our robust legal team conducts meticulous case preparation, critically analyses the prosecution’s evidence, and develops tailored defence strategies designed to maximise the individual’s chances of acquittal or sentence reduction. Sydney Defenders are committed to always providing sound legal advice and preparing a strong defence case to achieve the best possible outcome for the specific situation.