Firearms or Weapons Offences

It is illegal to possess or use firearms or to carry ordinary items for use as a weapon without a legal licence or an exemption in NSW.

 

THE LAW

The Firearms Act 1996 (NSW) requires anyone who wants to own, possess, or carry a firearm, including handguns and long arms, to obtain a licence.

Section 7A of the Firearms Act 1996 (NSW) states:

“a person should possess a firearm only if he/she has a licence or permit to do so and only within the category of licence held by him/her”.

The Weapons Prohibition Act 1998 (NSW) disallows any person from using, possessing, buying, selling, carrying or manufacturing a weapon unless and until he/she  has a valid permit to do so.

 

OUTLAWED WEAPONS are:

  • Firearms;
  • Tasers;
  • Butterfly knives;
  • Flick knives;
  • Swords;
  • Throwing stars;
  • Military-style weapons;
  • Knuckle dusters (brass knuckles);
  • Extendable batons;
  • Slingshots;
  • Imitation firearms;
  • Speargun/s;
  • Crossbow (or any similar device);
  • Blow-gun or blow-pipe;
  • Any dart capable of being projected from a blow-gun or blow-pipe;
  • A whip (also known as a cat-o’-nine-tails);
  • Kung fu sticks or “nunchaku”;
  • A baton or any other similar article;
  • A sap glove, A studded glove, or any other similar article;
  • Anti-personnel spray and that can discharge any irritant;
  • Any acoustic or light-emitting anti-personnel device which can cause permanent or temporary incapacity or disorientate persons;
  • Any object that substantially duplicates in appearance a weapon (but not if it is a children’s toy);
  • A Bowen Knife Belt or any other similar article;
  • Body armour vests (or other similar article) Handcuffs; or
  • Silencers or any other device designed for attachment to a firearm.

 

MAXIMUM/POSSIBLE PENALTIES

The maximum penalty for possession of Weapons other than a firearm, is 14 years imprisonment.

For Weapons declared Firearms the maximum sentences depend on the nature of the firearm and are up to 14 years for the simplest possession.

The maximums are even longer for individuals whom are deemed “prohibited persons,” including those who have been convicted of serious crimes AND also higher again where there has been an unauthorised use of a Firearm weapon.

The above penalties are reserved for the worse cases of offending.

In NSW, a court can impose any of the following penalties for a Firearm/Weapons charge:

  • Full-time Imprisonment;
  • An Intensive Correction Order (ICO);
  • A Community Correction Order (CCO);
  • A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

Since possessing Firearms and weapons is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must be able to prove beyond a reasonable doubt that you were in possession of or using a:

  • Prohibited firearm, Pistol or Weapon; and
  • Either of the following:
  • You did not have a licence to do so; or
  • You had a licence, but you were used or were possessing a firearm or weapon in a way that contravened a condition of the issue of licence; or
  • You had a firearm or weapon licence but you used the firearm or weapon for purposes other than the genuine reason for possessing or using the firearm/weapon.

 

DEFENCES

Sometimes the elements of Firearms or Weapons offences can be established however there also may exist a defence at law. Some of the possible defences available for those charged with Firearms and Weapons offences include:

  • You had a licence for the firearm or weapon;
  • You had a licence that allowed you to use the firearm or weapon in the manner that you were booked for;
  • The firearm/weapon does not fall within the definition of a prohibited firearm or weapon;
  • You could not have reasonably been expected to know the firearm or weapon was in or on your house or car;
  • The firearm or weapon was brought into your car or home by another person who was lawfully authorised to possess it;
  • Duress-If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”; or
  • Necessity – If your usage of the firearm or weapon in question was necessary to prevent a greater harm from occurring, you may have the defence of Necessity.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

1.     We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.

2.     At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.

3.     Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.

4.     Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

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