Firearm & Weapon Offences Lawyer Parramatta, Sydney, Norwest & NSW - Expert Defence

Charged with a firearm or weapon offence in Parramatta, Sydney, Norwest, Castle Hill, or anywhere in NSW? Firearm and weapon offences carry severe penalties including mandatory minimum sentences, long-term imprisonment, and 10-year firearm prohibition orders. Whether you're facing charges for unlawful possession of a firearm, custody of a knife in public, possess prohibited weapon, or use firearm/weapon in commission of offence, you need expert legal representation immediately.

At Barsha Defence Lawyers, we have offices in Parramatta (5 minute walk to Parramatta Local Court and Parramatta District Court) and Norwest (serving Castle Hill, Baulkham Hills, Rouse Hill, and the Hills District with FREE on-site parking). We regularly defend firearm and weapon charges in Parramatta Local Court, Parramatta District Court, Blacktown Local Court, Penrith Local Court, Sydney District Court, and across Western Sydney and NSW. Our experienced criminal defence team has successfully defended hundreds of firearm and weapon cases achieving charge withdrawals, not guilty verdicts, and minimum sentences.

Firearm & Weapon Offences We Defend in Parramatta, Sydney, Norwest & NSW

We defend all firearm and weapon offences under the Firearms Act 1996 (NSW), Weapons Prohibition Act 1998 (NSW), and Crimes Act 1900 (NSW):

Common Firearm & Weapon Offence Scenarios in Parramatta, Sydney, Norwest & Castle Hill

Firearms Offences:

• Possessing unregistered firearm at home in Castle Hill, Baulkham Hills, Dural, Galston
• Possessing firearm without licence (inherited gun, found gun, purchased illegally)
• Possessing pistol or prohibited firearm (handgun, machine gun, shortened firearm)
• Possessing firearm during police search in Parramatta, Norwest, Western Sydney
• Use firearm during robbery, assault, domestic violence incident
• Fail to keep firearm safely (not stored in approved safe)
• Possess ammunition without authority

Knife Offences:

• Carrying knife in Parramatta CBD, Castle Hill town centre without reasonable excuse
• Pocket knife, hunting knife, kitchen knife in public
• Knife found during police search at Parramatta Station, Castle Hill Station
• Knife in car during traffic stop on Windsor Road, M2 Motorway
• Tradesperson carrying work tools (knives, utility blades) without evidence of work

Prohibited Weapons:

• Knuckledusters, extendable batons, tasers, pepper spray
• Replica firearms, gel blasters (now prohibited in NSW)
• Sword, throwing stars, nunchucks
• Crossbow without permit

Firearm & Weapon Offence Penalties NSW - Summary Table

What Are Mandatory Minimum Sentences?

Certain serious firearm offences carry mandatory minimum prison sentences:

• Possess unauthorised pistol/prohibited firearm (s7A): 3 years mandatory minimum
• Use firearm to resist arrest (s93G(1)): 3 years mandatory minimum
• Use firearm during indictable offence (s93G(2)): 5 years mandatory minimum

This means courts MUST sentence you to at least the mandatory minimum imprisonment term. The only exception is if there are "exceptional circumstances" justifying a lesser sentence (very rare).

10-Year Firearm Prohibition Orders

Upon conviction for most firearm offences, courts MUST impose a 10-year Firearm Prohibition Order (FPO) prohibiting you from:

• Possessing or using any firearm or ammunition
• Applying for firearm licence
• Living in premises where firearms are kept

Breach of FPO is a separate criminal offence carrying 5 years imprisonment.

Common Defences to Firearm & Weapon Offences

For Firearm Offences:

• Not in possession: Firearm belonged to someone else, you had no knowledge or control
• Reasonable excuse: Inherited firearm and taking steps to surrender/register, transporting to gunsmith, found and reporting to police
• Genuine mistake: Believed you had authority or licence
• Lack of knowledge: Did not know firearm was on property
• Duress: Forced to possess firearm under threat

For Knife Offences:

• Reasonable excuse (most common): Work-related (tradesperson, chef), lawful pursuit (fishing, camping), religious/cultural purposes, in transit to lawful use
• Not a "knife": Item does not meet legal definition of knife
• Not in "public place": Item was in private location
• Not in "custody": Did not have possession or control of knife

General Defences:

• Mental health defence: Section 14 application for mental illness or cognitive impairment
• Necessity: Possession necessary to prevent greater harm
• Self-defence: Carried weapon for genuine self-protection in response to specific threat (difficult defence)

Court Process for Firearm & Weapon Offences

1. Police Action: Arrest or Court Attendance Notice
2. Bail: Often refused for serious firearm offences (pistol, use firearm). Bail application required.
3. First Appearance: Mention at Parramatta, Castle Hill, Blacktown, or Sydney Local Court
4. Brief of Evidence: Police provide photos of firearm/weapon, ballistics reports, ownership records
5. Negotiations: Lawyer negotiates for withdrawal, facts amendment, or charge downgrade
6. Committal (if indictable): Serious firearm offences go to District Court via committal hearing
7. Plea: Plead guilty or plead not guilty
8. Sentencing or Trial: Local Court sentencing for summary matters, District Court trial/sentence for indictable

Will I Go to Jail?

Imprisonment depends on the specific offence:

Serious Firearm Offences (Pistol, Prohibited, Use in Crime):

• Mandatory minimum sentences apply: 3-5 years imprisonment minimum
• Full-time custody extremely likely

Possess Unauthorised Firearm (Rifle/Shotgun):

• First offenders, good character, cooperative: Intensive Correction Order or suspended sentence possible
• Criminal history or aggravating factors: 12-24 months imprisonment

Custody of Knife in Public:

• First offenders with reasonable excuse: Section 10 or fine common
• No reasonable excuse: Fine or Community Correction Order
• Aggravated (long blade, carried for violence): 6-18 months imprisonment

Can I Get Section 10?

Generally NO for firearm offences — courts treat firearm offences very seriously.

YES possible for knife offences if:

• First offender with no criminal history
• Reasonable excuse established (work, legitimate purpose)
• Good character references from Parramatta, Norwest, Castle Hill employers/community
• Early guilty plea

How Your Parramatta, Sydney or Norwest Firearm & Weapon Lawyer Can Help

• Challenge possession (firearm/weapon belonged to someone else)
• Establish reasonable excuse for knife possession (employment records, witness statements)
• Challenge police search (unlawful search means evidence excluded)
• Obtain ballistics expert reports for firearm defences
• Negotiate with DPP for charge withdrawal or downgrade to less serious offence
• Run "exceptional circumstances" arguments to avoid mandatory minimum sentences
• Prepare comprehensive sentencing submissions emphasizing cooperation, good character, rehabilitation
• Obtain character references from Parramatta, Norwest, Castle Hill employers and community
• Obtain psychological/psychiatric reports
• Apply for Supreme Court bail for serious firearm charges
• Run defended hearings and District Court trials
• Appear in Parramatta, Castle Hill, Blacktown, Sydney Local & District Courts

Related Criminal Offences

• Assault Offences — often charged alongside weapon offences
• Break and Enter — firearm possession during burglary
• Public Disorder Offences
• Domestic Violence Offences — firearm/weapon in DV context
• Bail Applications
• Mental Health Applications

External Resources - Firearm & Weapon Law NSW

• Firearms Act 1996 (NSW)
• Weapons Prohibition Act 1998 (NSW)
• Summary Offences Act 1988 (NSW) - Knife Offences
• NSW Judicial Commission