Facing a firearms or prohibited weapons charge?
Firearms and weapons offences in NSW can involve possession, use, storage, supply, licensing, registration, firearms prohibition orders and prohibited weapons. ED Legal provides criminal defence advice and court representation across Sydney and NSW.
The applicable offence depends on the type of firearm or weapon, the authority said to be required, the circumstances of possession or use and any aggravating features. Serious charges can carry substantial terms of imprisonment.
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How we can help you
We can review the charge, search and seizure material, licence or permit records, registration information, statements and forensic evidence and explain the specific offence police allege.
We can advise before a police interview, assess search and possession issues, make representations where appropriate and prepare the matter for hearing, sentence or higher-court proceedings.
After a search, seizure or arrest
If police have seized firearms, weapons, ammunition or related items, keep the property receipt and any search warrant or notice you receive. Obtain advice before deciding whether to participate in a police interview.
Understanding firearms and weapons charges
NSW firearms and prohibited-weapons offences are principally regulated by the Firearms Act 1996 and Weapons Prohibition Act 1998. Different provisions apply depending on the item, the authority held and the conduct alleged.
Unauthorised possession or use
A common issue is whether the prosecution can prove possession or use of a firearm or prohibited weapon without the required licence, permit or other authority. The classification of the item and the scope of any authority are important.
Pistols, prohibited firearms and aggravated possession
The Firearms Act distinguishes ordinary firearms from pistols and prohibited firearms and provides higher maximum penalties for some categories. Allegations involving multiple firearms or a firearms prohibition order can also engage separate offences.
Storage, supply and other regulatory offences
The legislation also regulates safe keeping, registration, supply, acquisition, firearm parts and ammunition. The correct advice depends on the exact provision charged rather than treating all firearms matters as the same offence.
Defending a firearms or weapons charge
A defence may involve disputing possession, knowledge, identification of the item, the alleged lack of authority or the prosecution case about how an item was used or stored.
Search and seizure issues can also be important. The circumstances in which police entered premises, searched a vehicle or person, and located an item should be reviewed carefully.
Where several people had access to a location or vehicle, the prosecution must still prove the accused person's connection to the item beyond reasonable doubt.
Firearms and weapons matters can overlap with drug, assault, robbery or public-order charges. Each offence should be analysed separately and as part of the overall prosecution case.
How firearms matters progress through court
Some firearms and weapons charges can be dealt with in the Local Court, while more serious offences may proceed on indictment. We can explain the classification of the offence and the procedural stage.
If a plea is under consideration, the exact charge, agreed facts and classification of the firearm or weapon should be checked before a decision is made.
Bail and urgent issues
Serious firearms allegations can lead to arrest and restrictive bail conditions. Tell us immediately if you or a family member is in custody or if conditions affect where you can live or who you can contact.
We can advise about bail preparation as well as the substantive firearms or weapons charge.
Penalties and sentencing
Maximum penalties vary significantly across firearms and weapons offences and can increase for pistols, prohibited firearms, multiple firearms, supply offences and offences connected with firearms prohibition orders. Sentencing also depends on the circumstances of possession or use, prior history and personal circumstances.
Preparing to speak with a lawyer
Tell us the exact wording of the charge, the item involved, the court and next date, and whether police executed a search warrant. Have any licence, permit, registration, seizure and bail documents available where possible.
For advice about a firearms or weapons offence, contact ED Legal for a free initial consultation. You can also explore our broader criminal law services.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
