Sydney Firearm and Weapon Offence Lawyers

The offence of custody of a knife in a public place or a school is a criminal offence under section 93IB Crimes Act1900.

In New South Wales, the unauthorised possession or use of a pistol or prohibited firearm is a serious criminal offence under section 7 of the Firearms Act 1996 (NSW). These offences carry severe penalties, including a maximum term of imprisonment of up to 14 years, reflecting the significant public safety concerns associated with restricted firearms.

For the purposes of firearm offences, possession is broadly defined. A person may be taken to be in possession of a firearm if they knowingly:

1. Have custody of the firearm;
2. Have the firearm in the custody of another person; or
3. Have the firearm in or on any premises, place, vehicle, vessel, or aircraft, whether or not owned or occupied by them.

This means possession is not limited to physically holding the firearm.

A pistol is defined as a firearm that is reasonably capable of being raised and fired by one hand and does not exceed the dimensions prescribed by regulation. A prohibited firearm is defined by Schedule 1 of the Firearms Act 1996 (NSW) and includes, among others, machine guns, sub-machine guns, self-loading rifles, self-loading or pump-action shotguns, and lever-action shotguns with a magazine capacity of more than five rounds.

To secure a conviction for unauthorised possession or use of a pistol or prohibited firearm, the prosecution must prove beyond reasonable doubt that:

1. The accused possessed or used a pistol or prohibited firearm; and
2. One of the following applies:
3. The accused did not hold a firearm licence; or
4. The accused held a licence but contravened a condition of that licence; or
5. The accused held a licence but possessed or used the firearm otherwise than for the genuine purpose for which the licence was granted.

Whether an offence is established will depend on the specific facts of the case, including the nature of the firearm, how it was possessed or used, and whether any licence, authority, or exemption applied.

Being charged with possessing or using an unregistered firearm in a public place is treated as a serious criminal matter under section 36 of the Firearms Act 1996 (NSW). The offence applies where a person possesses, uses, or acquires a firearm that is not registered in accordance with the Act. This is the case even if the person holds a valid firearms licence or lawfully owns other firearms as the firearm itself must be registered to the individual in possession of it.

The penalties for unregistered firearm offences vary depending on the type of firearm and the circumstances of the alleged offence. For a general unregistered firearm, the offence carries a maximum penalty of five years’ imprisonment and/or a fine. Where the firearm is a pistol or classified as a prohibited firearm, significantly harsher penalties apply, including potential imprisonment of up to 14 years, along with ancillary consequences such as firearm prohibition orders and a criminal conviction.

To secure a conviction, the prosecution must prove beyond reasonable doubt that the accused possessed, used, or acquired a firearm, that the firearm was unregistered, and that no permit, exemption, or lawful authority applied. Common issues in these cases include whether the accused was in possession of the firearm, whether a lawful exemption or reasonable excuse existed, and whether police exercised their powers lawfully. Given the serious consequences that can flow from these charges, careful analysis of the evidence and the surrounding circumstances is critical.

Possession of a gel blaster in New South Wales is a criminal offence, despite the fact that gel blasters are widely advertised and available for purchase online. Many people are unaware that, under NSW law, gel blasters are treated as firearms or imitation firearms and cannot be lawfully possessed, registered, or licensed.

Under section 4 of the Firearms Act 1996 (NSW), a firearm is defined as a gun or other weapon capable of propelling a projectile by means of an explosive. This definition also extends to air guns, which include devices designed to propel a projectile by means of a spring and operated by a trigger. In addition, objects that substantially resemble firearms may be captured by the Act as imitation firearms, regardless of their functionality.

The penalties for gel blaster offences depend on the type of firearm the gel blaster is found to resemble. Possession of a military-style replica gel blaster may attract a maximum penalty of up to five years’ imprisonment under section 7A of the Firearms Act 1996 (NSW). Where a gel blaster substantially resembles a pistol, significantly harsher penalties apply, with a maximum penalty of up to fourteen years’ imprisonment. Additional consequences may include seizure and destruction of the item, firearm prohibition orders, and loss of licensing privileges.

To establish the offence of unauthorised possession or use of a gel blaster, the prosecution must prove beyond reasonable doubt that:

1. The accused was in possession of the gel blaster; and
2. The accused was not authorised to possess the item by way of a licence, permit, or lawful exemption.

Given the strict nature of NSW firearm laws, a lack of knowledge that a gel blaster is illegal is unlikely to provide a defence. Anyone charged with a gel blaster offence should obtain legal advice promptly to understand their position and the options available.