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.