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Firearm Offences

Types of Offences

There are strict rules in place governing the lawful possession of a firearm in Australia. Firstly, every person who possesses a firearm must be licensed to do so. They must register the firearm and keep it safe. They must ensure it is not lost or stolen, or has come into the possession of an unauthorised person. There are also certain types of firearms that people are prohibited from owning. Any person failing to follow these rules may be guilty of committing an offence. Firearm offences are considered serious, and legal advice on your case should be sought as soon as possible.

There are a number of common Firearm Offences, including:

Possess/Use Unlicensed Firearm

Under the Firearms Act 1996 (NSW), certain types of weapons must be licensed. These include all air rifles, non-self-loading rimfire rifles, non-pump action or self-loading shotguns, or shotgun/rimfire rifle combinations. Furthermore under section 7 of the Firearms Act 1996 (NSW) a person must not use an unlicensed or prohibited firearm.

All prohibited firearms are not included in this law. Prohibited firearms include (but are not limited to) machine guns, self-loading guns, pump action shotguns, any firearm with a revolving ammunition cylinder, assault shotguns, any gun with a silencer, shortened firearms, and prohibited pistols. See Schedule 1 of the Firearms Act 1996 (NSW) for more specific examples. Section 7A states: Offence of unauthorised possession or use of firearms generally: A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit. The maximum penalty for the offence of Possess Unlicensed Firearm is 5 years imprisonment whereas the penalty for their usage is 14 years imprisonment.

What the Police must Prove

In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
• The firearm was in the person’s possession or was used by that person; and
• The firearm was unlicensed.
• It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Legal Defences

Possible defences to this offence include (but are not limited to):
• Duress; or
• Necessity; or
• Self-Defence

Unregistered Firearm in both private and public place

Under section 36 of the Firearms Act 1996 (NSW), a person must not supply, acquire or have in their possession an unregistered firearm. Furthermore, under section 93I of the Crimes Act 1900 (NSW) it is illegal to possess an unregistered firearm in a public place.

Again the penalties for this offence are very serious, and can lead to terms of imprisonment. The maximum penalty for the offence of unregistered firearms is 14 years imprisonment if the firearm concerned is a prohibited firearm or pistol, or 5 years imprisonment in any other case. Furthermore, if the firearm is in possession in a public place the maximum penalty is 10 years. Should the circumstances surrounding the charge be one of aggravation this penalty can reach 14 years.

What the Police Must Prove – Private Place

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
1. The accused either sold, purchased, possessed or used a firearm; and
2. At the time, the firearm was not registered.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Legal Defences – Private and Public

Possible defences to this offence include (but are not limited to):
• Duress; and
• Necessity.

Possess Dangerous Articles

Under section 93FB of the Crimes Act 1900 (NSW) a person in possession of a dangerous article (other than a firearm) in a public place is guilty of an offence. Examples of dangerous articles include irritant matters such as gas or chemicals or substances capable of causing bodily harm that are capable of discharging. The maximum penalty for the offence of Possession of Dangerous Articles other than Firearms is a fine 50 penalty units and/or 2 years imprisonment.

What the Police Must Prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
1. The accused had in his/her possession a thing (not being a firearm within the meaning of the Firearms Act 1996); and
2. The thing was capable of discharging (by any means) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or any substance capable of causing bodily harm, or a fuse capable of use with an explosive or a detonator, or a detonator.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Legal Defences

It is a defence to this offence if the person satisfies the court that they had a reasonable excuse for possessing the article, or if they reasonably possessed it for purposes of self-defence.
Other possible defences to this offence include (but are not limited to):
• Duress
• Necessity

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

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Years of Combined Legal Experience

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Successful Cases

1000+

Years of Prison Reduced across 1000+ Satisfied Clients

Types of Offences

There are strict rules in place governing the lawful possession of a firearm in Australia. Firstly, every person who possesses a firearm must be licensed to do so. They must register the firearm and keep it safe. They must ensure it is not lost or stolen, or has come into the possession of an unauthorised person. There are also certain types of firearms that people are prohibited from owning. Any person failing to follow these rules may be guilty of committing an offence. Firearm offences are considered serious, and legal advice on your case should be sought as soon as possible.

There are a number of common Firearm Offences, including:
Possess/Use Unlicensed Firearm

Under the Firearms Act 1996 (NSW), certain types of weapons must be licensed. These include all air rifles, non-self-loading rimfire rifles, non-pump action or self-loading shotguns, or shotgun/rimfire rifle combinations. Furthermore under section 7 of the Firearms Act 1996 (NSW) a person must not use an unlicensed or prohibited firearm.

All prohibited firearms are not included in this law. Prohibited firearms include (but are not limited to) machine guns, self-loading guns, pump action shotguns, any firearm with a revolving ammunition cylinder, assault shotguns, any gun with a silencer, shortened firearms, and prohibited pistols. See Schedule 1 of the Firearms Act 1996 (NSW) for more specific examples. Section 7A states: Offence of unauthorised possession or use of firearms generally: A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit. The maximum penalty for the offence of Possess Unlicensed Firearm is 5 years imprisonment whereas the penalty for their usage is 14 years imprisonment.

What the Police must Prove

In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
• The firearm was in the person’s possession or was used by that person; and
• The firearm was unlicensed.
• It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Legal Defences

Possible defences to this offence include (but are not limited to):
• Duress; or
• Necessity; or
• Self-Defence

Unregistered Firearm in both private and public place

Under section 36 of the Firearms Act 1996 (NSW), a person must not supply, acquire or have in their possession an unregistered firearm. Furthermore, under section 93I of the Crimes Act 1900 (NSW) it is illegal to possess an unregistered firearm in a public place.

Again the penalties for this offence are very serious, and can lead to terms of imprisonment. The maximum penalty for the offence of unregistered firearms is 14 years imprisonment if the firearm concerned is a prohibited firearm or pistol, or 5 years imprisonment in any other case. Furthermore, if the firearm is in possession in a public place the maximum penalty is 10 years. Should the circumstances surrounding the charge be one of aggravation this penalty can reach 14 years.


What the Police Must Prove – Private Place

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
1. The accused either sold, purchased, possessed or used a firearm; and
2. At the time, the firearm was not registered.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Legal Defences – Private and Public

Possible defences to this offence include (but are not limited to):
• Duress; and
• Necessity.

Possess Dangerous Articles

Under section 93FB of the Crimes Act 1900 (NSW) a person in possession of a dangerous article (other than a firearm) in a public place is guilty of an offence. Examples of dangerous articles include irritant matters such as gas or chemicals or substances capable of causing bodily harm that are capable of discharging. The maximum penalty for the offence of Possession of Dangerous Articles other than Firearms is a fine 50 penalty units and/or 2 years imprisonment.


What the Police Must Prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
1. The accused had in his/her possession a thing (not being a firearm within the meaning of the Firearms Act 1996); and
2. The thing was capable of discharging (by any means) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or any substance capable of causing bodily harm, or a fuse capable of use with an explosive or a detonator, or a detonator.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.


Legal Defences

It is a defence to this offence if the person satisfies the court that they had a reasonable excuse for possessing the article, or if they reasonably possessed it for purposes of self-defence.
Other possible defences to this offence include (but are not limited to):
• Duress
• Necessity

How can Daoud Legal:
Sydney Criminal & Traffic Lawyers help?

Our criminal defence lawyers will carefully consider your firearm case, advise you on all your legal options, and recommend the best way forward.

Call us now on 1300 885 646 or text 0420 998 650 24hrs to book an appointment with one of our lawyers.

Firearm & Weapon Offences: Secure Your Freedom with Sydney's Best Criminal Defence Lawyers

Are you facing charges related to firearms or weapons in Sydney, New South Wales? Don't face the justice system alone. Our team of experienced criminal defence lawyers at Daoud legal are experts in navigating the complex laws surrounding firearm and weapon offences, ensuring you get the best possible outcome.

Comprehensive Defence for Firearm and Weapon Charges

Firearm and weapon offences are taken incredibly seriously by the NSW courts, with severe penalties that can include lengthy prison sentences. Whether you're facing charges for possession of a prohibited firearm, causing danger with a firearm, or any other firearms or weapons-related offence, our criminal defence lawyers have the expertise to mount a robust defence and protect your rights.

The Firearms Act 1996 (NSW)

The Firearms Act 1996 (NSW) is the governing legislation for all matters related to firearm possession, use, and regulation in New South Wales. This Act was introduced in the wake of the Port Arthur massacre, with the primary objective of ensuring strict control and public safety surrounding firearms.

As experienced criminal lawyers, we understand the intricacies of this Act and can provide you with comprehensive legal advice on a range of firearm and weapon offences, including:

Possession of an unregistered firearm

Unauthorised possession of a firearm or prohibited firearm

Causing danger with a firearm or spear gun

Firing at dwelling houses or buildings

Possession of three or more prohibited firearms or pistols

Possession of prohibited weapons, such as knives, knuckledusters, and nunchakus

Traffic Offences

The penalties for firearm and weapon offences in New South Wales can be severe, with the potential for lengthy prison sentences, heavy fines, and the loss of your firearm license or permit. The specific penalties will depend on the nature and severity of the offence, as well as any aggravating or mitigating factors.

It's crucial to have an experienced criminal defence lawyer on your side to ensure the best possible outcome and minimise the impact on your life, family, and career. Some examples of the potential penalties include:

Possession of an unregistered firearm: Up to 14 years' imprisonment

Possession of a prohibited firearm: Up to 14 years' imprisonment

Causing danger with a firearm: Up to 14 years' imprisonment

Firing at a dwelling house or building: Up to 14 years' imprisonment

Possession of prohibited weapons: Up to 14 years' imprisonment

Proven Track Record of Success in Firearm Offence Cases

At Daoud legal: Sydney Criminal Defence & Traffic Lawyers, we have a team of highly skilled criminal defence lawyers in Sydney with a proven track record of success in firearm and weapon-related cases. Our lawyers have represented clients in some of the most high-profile criminal cases in Australia, including sexual assault, murder, and large-scale drug importations.

More importantly, we have a wealth of experience in everyday cases involving firearm, weapon offences and general criminal law. We understand the fear and uncertainty you may be feeling, and we are committed to providing you with the empathy, dedication, and expertise needed to navigate this challenging situation.

Our Approach: Tailored Defence Strategies

When you engage our services, we will assign you a veteran lawyer who will work closely with you to develop a tailored defence strategy. Our lawyers will:

  1. Thoroughly investigate the circumstances of your case, gathering all available evidence and identifying potential defences.
  2. Clearly explain the charges against you and the potential consequences, ensuring you understand your legal options.
  3. Employ a range of techniques to minimise the impact of the charges on your life, family, and career.
  4. Represent you tirelessly in court, using their extensive experience to secure the best possible outcome.

We understand that every case is unique, and we tailor our approach accordingly. Whether you're facing a serious firearms offence or a less severe weapons charge, we will work tirelessly to protect your rights and achieve the best possible result.

Our Commitment: Accessibility and Affordability

At Daoud legal: Sydney Criminal Defence & Traffic Lawyers, we are committed to making our services accessible to as many clients as possible. That's why we offer our initial consultation free of charge, giving you the opportunity to discuss your case with one of our expert lawyers and understand your legal options.

After the initial consultation, we can discuss a range of payment options, including fixed fees, payment plans, and even the potential for reduced prices in certain cases. We may also be able to assist with Legal Aid matters, ensuring that cost is not a barrier to securing the high-quality legal representation you deserve.

Our Locations: Serving Clients Across Sydney and NSW

Our team of criminal defence lawyers is base across Sydney and New South Wales, ensuring that we can provide our expertise to clients in all parts of the state.

No matter where you are in NSW, we are here to support you and fight for your rights.

FAQs About Firearm Offences

What constitutes a firearm or weapon offence in NSW?

Firearm and weapon offences in NSW areprimarily governed by the Firearms Act 1996 (NSW) and the Crimes Act 1900 (NSW). These offences can include :

Possession of an unregistered firearm

Possession of a prohibited firearm or weapon

Causing danger with a firearm or spear gun

Firing at a dwelling house or building

Possession of three or more prohibited firearms or pistols

Possession of prohibited weapons, such as knives, knuckledusters, and nunchakus

The specific offence will depend on the type of firearm or weapon, the circumstances of the case, and any aggravating factors.

What are the potential penalties for firearm and weapon offences in NSW?

The penalties for firearm and weapon offences in NSW can be severe, with the potential for lengthy prison sentences, heavy fines, and the loss of your firearm licence or permit. Some examples of the potential penalties include:

Possession of an unregistered firearm: Up to 14 years' imprisonment

Possession of a prohibited firearm: Up to 14 years' imprisonment

Causing danger with a firearm: Up to 14 years' imprisonment

Firing at a dwelling house or building: Up to 14 years' imprisonment

Possession of prohibited weapons: Up to 14 years' imprisonment

The specific penalty will depend on the nature and severity of the offence, as well as any aggravating or mitigating factors.

Do I need a licence or permit to possess a firearm in NSW?

Yes, in New South Wales, you must have a valid firearm licence or permit to possess a firearm. The Firearms Act 1996 (NSW) establishes an integrated licensing and registration scheme for all firearms in the state. Possessing a firearm without the appropriate licence or permit is a serious offence.

What should I do if I've been charged with a firearm or weapon offence?

If you've been charged with a firearm or weapon offence, it's crucial that you seek the advice of an experienced criminal defence lawyer as soon as possible. At Daoud legal: Sydney Criminal Defence & Traffic Lawyers, our team of experts can provide you with comprehensive legal advice, develop a tailored defence strategy, and fight tirelessly to protect your rights and secure the best possible outcome.

Don't wait to get the legal representation you deserve. Contact our law firm to schedule a free consultation and take the first step towards protecting your freedom.

Secure Your Freedom with Daoud legal

If you're facing charges related to firearms or weapons in New South Wales, don't face the justice system alone. At Daoud legal: Sydney Criminal Defence & Traffic Lawyers, our team of experienced criminal defence lawyers are experts in navigating the complex laws surrounding these offences, and we are committed to securing the best possible outcome for you.

With a proven track record of success, a wealth of experience, and a deep understanding of the Firearms Act 1996 (NSW), we have the expertise to mount a robust defence and protect your rights. We'll work closely with you to develop a tailored strategy, clearly explain your options, and represent you tirelessly in court.

Don't wait to get the legal representation you deserve. Contact our law firm to schedule a free consultation and take the first step towards protecting your freedom.

Firearms, Weapons and Criminal Defence Lawyers in Sydney

What should I do if I've been charged with a firearms or weapons offence?

If you've been charged with a firearms or weapons offence, it's crucial to seek legal advice from an experienced criminal defence lawyer as soon as possible. Do not make any statements to the police or prosecutors without first consulting with a lawyer. Your lawyer can advise you on your legal rights, the potential consequences of the charges, and the best course of action for your defence.

What are some common firearms and weapons charges in New South Wales?

Common firearms and weapons charges in New South Wales include possession of a firearm or prohibited weapon, possession of a firearm or weapon in a public place, unauthorised possession or use of firearms or weapons, and offences involving the use of firearms or weapons to cause bodily harm or threaten violence.

What is considered a 'genuine reason' for holding a firearms licence or permit?

To hold a firearms licence or permit in New South Wales, you must demonstrate a 'genuine reason' for possessing or using firearms. Genuine reasons can include recreational hunting or shooting, occupational requirements (such as security or primary production), and membership in an approved shooting club or organisation.

What is the criteria for being considered a 'fit and proper person' to hold a firearms licence or permit?

To be considered a 'fit and proper person' to hold a firearms licence or permit, you must meet certain criteria set by the authorities. This typically involves having no recent criminal convictions, no history of violence or mental illness that could pose a risk, and demonstrating responsible behaviour and attitude towards firearms ownership and use.

How can an experienced criminal defence lawyer assist with firearms and weapons charges?

An experienced criminal defence lawyer can assist with firearms and weapons charges in several ways. They can thoroughly review the evidence and circumstances surrounding the charges, identify potential defences or mitigating factors, negotiate with prosecutors for reduced charges or alternative sentencing options, and represent you in court to pursue the best possible outcome.

What are the potential penalties for firearms and weapons offences in New South Wales?

The potential penalties for firearms and weapons offences in New South Wales can vary depending on the specific offence and circumstances. However, many firearms and weapons offences carry severe penalties, including substantial fines and potential imprisonment ranging from a few years to life sentences for the most serious offences.

What should I look for in a criminal defence lawyer for firearms and weapons charges?

When seeking a criminal defence lawyer for firearms and weapons charges, look for lawyers with extensive experience in handling these types of cases. Consider their track record of successful outcomes, their understanding of relevant laws and regulations, and their familiarity with the courts and legal processes involved in firearms and weapons cases. Additionally, seek lawyers who offer transparent fee structures and personalised attention to your case.

Can a criminal defence lawyer help me get charges dropped or reduced for a firearms or weapons offence?

Yes, an experienced criminal defence lawyer can potentially help you get charges dropped or reduced for a firearms or weapons offence. They can identify weaknesses in the prosecution's case, negotiate with prosecutors for alternative charges or sentencing options, and present compelling arguments in court to mitigate the charges or seek dismissal.

What should I do if I'm facing firearms or weapons charges and also traffic offences?

If you're facing firearms or weapons charges along with traffic offences, it's essential to seek legal representation from a solicitor who has experience handling both types of cases. They can provide comprehensive legal advice and representation for all the charges you're facing, ensuring a cohesive defence strategy and maximizing your chances of achieving the best possible outcome.

How can I find reputable criminal defence lawyers in Sydney for firearms and weapons charges?

To find reputable firearm lawyers in Sydney for firearms and weapons charges, research law firms that specialise in criminal defence, particularly those with a strong track record in handling firearms and weapons cases. Look for firms with experienced criminal lawyers sydney who are accredited criminal law specialists and have a deep understanding of relevant laws and regulations. Additionally, seek recommendations from trusted sources or legal professionals in your area.

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Drug Charges Successfully Defended / Dropped

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Drunk Driving Charges Successfully Defended /Dropped

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Successful Diversions from Prison for Mental Health Reasons

Expertise

1

Criminal Law

Our most important job is to protect your rights and provide expert legal advice. We will guide you through the entire court process.
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2

Traffic Law

We will diligently gather the necessary documentation, provide you with professional legal advice, and fearlessly represent you in court.
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3

Drug Offences

Drug Offences are among the most serious offences in the eyes of the Criminal Law Courts. However, the penalties associated with Drug.
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4

Assault Offences

Our most important job is to protect your rights and provide expert legal advice. We will guide you through the entire court process.
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5

Fraud Offences

As Fraud is often considered a pre-meditated or manipulative crime, it is looked upon very seriously by the court system.
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6

Firearm Offences

There are strict rules in place governing the lawful possession of a firearm in Australia. Firstly, every person who possesses a firearm must be.
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