Unlawful Possession of a Firearm
WEAPONS AND FIREARM OFFENCES
The offence of Unlawful Possession Of A Firearm is found in section 7A of the Firearms Act 1996 (NSW) which deems a person guilty of an offence if they possess a firearms without licence or permit.
Illegal Firearms
In the wake of the tragic Port Arthur massacre, Australia implemented stringent regulations aimed at prioritizing public safety over the privilege of gun ownership. Consequently, the possession and use of weapons, especially firearms, are heavily regulated.
Engaging in certain behaviors associated with firearms and weapons can lead to criminal convictions. It’s crucial to understand the legal framework surrounding these regulations to avoid inadvertently violating the law and facing serious consequences.
You could be charged with Unlawful Possession Of A Firearm if you:
- Store a BB Gun or Gel Blaster in your house
- Have a firearm on your person
- Possess a firearm which is not included in the category of licence held
What is the difference between a firearm, prohibited firearm, and pistol?
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Firearm: This term encompasses any gun or weapon capable of propelling a projectile through the use of an explosive mechanism. It includes a broad range of devices, such as blank firearms and air guns, that fit this description.
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Prohibited Firearm: Under the Firearms Act, a prohibited firearm refers to any firearm explicitly listed in Schedule 1 of the legislation. This list typically includes highly dangerous weapons like machine guns, self-loading rifles, or pump-action shotguns, which are subject to strict regulations or outright bans due to their potential for significant harm.
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Pistol: A pistol is a specific type of firearm characterized by its design and functionality. It is typically a compact firearm intended to be fired with one hand. According to regulations, a pistol must meet certain criteria, such as being reasonably capable of being raised and fired with one hand and not exceeding certain dimensions prescribed by law.
Legislation such as the Weapons Prohibition Act 1998 (NSW) governs the use and possession of dangerous items. According to Section 7(1) of this Act, it constitutes a criminal offense to possess or use a prohibited weapon unless duly authorized by a permit.
Even if you possess a permit for a weapon, utilizing it for purposes other than those explicitly authorized by the permit can still lead to legal repercussions.
So, what exactly constitutes a prohibited weapon? These are items explicitly listed under Schedule 1 of the Weapons Prohibition Act. The list includes a wide range of items such as knives, explosives, missiles, spear guns, crossbows, batons, slingshots, and tasers. Courts recognize that some of these weapons pose greater risks than others, and penalties may vary accordingly, with less dangerous weapons often resulting in lesser penalties.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- You had in your possession a prohibited firearm; and
- You did not have a licence or permit to do so.
What are the maximum penalties for this offence?
The maximum penalties for Unlawful Possession Of A Firearm in NSW is:
- Five years imprisonment.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Facing charges for Unlawful Possession Of A Firearm?
Don’t navigate it alone. Barsha Defence Lawyers is here to offer you the support and expertise you need to protect your rights and build a strong defence. Our experienced team understands the complexities of firearm laws and will work tirelessly to advocate for your best interests. With our first free consultation, you can take the first step towards understanding your legal options and crafting a strategic defence strategy. Don’t delay in seeking the legal representation you deserve. Contact Barsha Defence Lawyers today to schedule your consultation and start building your defence.