Firearm offences refer to situations where an individual has unauthorised possession or engaged in the illegal use of a firearm.
Types of Firearm Offences
Unauthorised Possession or Use of Firearms
The unauthorised possession or use of firearms carries a maximum penalty of five years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual possessed a firearm
- The individual did not hold an appropriate firearms licence
Unauthorised Possession or Use of Prohibited Firearms
The unauthorised possession or use of a prohibited firearm carries a maximum penalty of 14 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual used or possessed a pistol or a prohibited firearm
- The individual did not have a valid permit or licence to use or possess that firearm
Unregistered Firearms
An unregistered firearm carries a maximum penalty of 10 years imprisonment if the firearm is prohibited. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual sold, bought or possessed a firearm
- The firearm was not registered with the Firearms Registry run by the NSW Police Force
Trespassing with Firearm or Spear Gun
Trespassing with a Firearm or Spear Gun carries a maximum penalty of 5 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual entered a building or land without the owner’s permission
- The individual had in their possession a real or imitation firearm or speargun
Dangerous Use of Firearm or Spear Gun
The Dangerous Use of a Firearm or Spear Gun carries a maximum penalty of 2 years imprisonment or a $5,500 fine or both. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual fired a firearm or spear gun into a building
- The individual did not have a reasonable excuse or lawful purpose for doing so
Firing at Dwelling Houses or Buildings
Firing at Dwelling Houses or Buildings carries a maximum penalty of 16 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual fired a firearm or weapon at a house or building
- The individual fired a firearm with ‘reckless disregard’ for the safety of other persons
Possessing Unregistered Firearms in Public Places
Possessing an unregistered firearm in Public Place carries a maximum penalty of 10 years in imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual had an unregistered firearm in their possession in a public place
- The individual was not authorised to possess the firearm under the Firearms Act 1996
Aggravated Possession of Unregistered Firearm
Aggravated Possession of an Unregistered Firearm carries a maximum penalty of 14 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual had an unregistered firearm in their possession in a public place
- The individual was not authorised to possess the firearm under the Firearms Act 1996
- There was at least one ‘circumstance of aggravation’ such as:
- the individual possessing more than one unregistered firearm
- the unregistered firearm being a pistol
- the unregistered firearm being a ‘prohibited weapon’
Unauthorised Possession of Firearms in Aggravated Circumstances
Unauthorised Possession of Firearms in Aggravated Circumstances carries a maximum penalty of 10 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual had three or more firearms in their possession
- The individual did not hold an appropriate firearms licence
Causing Danger with Firearm or Spear Gun
Causing Danger with Firearm or Spear Gun carries a maximum penalty of 10 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- That the individual had a loaded firearm or spear gun in your possession, either in a public place
- Or in any place that would endanger the life of another person
- Or that the individual fired a firearm or spear gun in or near a public place
- Or that the individual carried or fired a firearm or spear gun in a manner likely to injure, endanger the safety of themselves or another person, or with disregard for the safety of themselves or any other person;
- And that the individual endangered the life of another person
Possession of Offensive Weapon in Place of Detention
Possession of an Offensive Weapon in Place of Detention carries a maximum penalty of 2 years imprisonment or a fine of $5,500 or both. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- That the individual possessed an offensive weapon or instrument
- That at the time the individual possessed the offensive weapon or instrument, they were in a place of detention
- That the individual did not have a reasonable excuse for possessing the offensive weapon or instrument in the place of detention
Possession of Dangerous Articles other than Firearms
Possession of Dangerous Articles other than Firearms carries a maximum penalty of 2 years imprisonment or a $5,500 fine or both. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- That the individual had a dangerous weapon, other than a firearm
- That the dangerous weapon was capable of discharging an irritant or other substance that could cause bodily harm or a fuse or detonator that could be used with an explosive
- That the individual was in a public place at the time that they possessed the weapon
Possessing Explosives in a Public Place
Possessing Explosives in a Public Place carries a maximum penalty of 5 years imprisonment. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- The individual possessed an explosive
- At the time that they possessed the explosive, they were in a public place
Possessing, Supplying or Making an Explosive
Possessing, Supplying or Making an Explosive carries a maximum penalty of 3 years or a $5,500 fine or both. To convict an individual of this offence, the prosecution must prove the following elements beyond a reasonable doubt:
- That they possessed, supplied or made an explosive
- In circumstances that give rise to a reasonable suspicion that they did not have a lawful purpose for possessing, supplying or making the explosive
Defences
Defences commonly raised in relation to firearm charges include:
- Duress: You were suffering from a mental impairment at the time of being charged with a firearm offence
- Necessity: There was some overbearing factor which causes you to commit a firearm offence in order to avoid serious consequences
Self-defence: You were acting to protect yourself, another person or your property.
