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Firearms Offences in NSW

Firearms offences are treated with particular seriousness in NSW, given the risk they pose to public safety. Whether it’s unlicensed possession, an unregistered firearm, or a breach of safe storage rules, a conviction can carry a lengthy prison sentence and a permanent criminal record. At Best Criminal Lawyers Sydney, we help clients understand exactly what they’ve been charged with, what the prosecution needs to prove, and what their options are.

Australia’s firearms laws were significantly tightened following the National Firearms Agreement of 1996, which brought every state and territory into a coordinated regulatory framework. That legacy still shapes how firearms offences are prosecuted today — strictly, and with limited tolerance for non-compliance, even where no one has been harmed.

A conviction for a firearms offence isn’t just about the immediate penalty. It creates a criminal record that can affect your employment, family law proceedings and overseas travel. Where a firearm is used in the commission of another offence under the Crimes Act 1900 (NSW), that offence is typically treated as aggravated, increasing the likelihood of a custodial sentence.

Firearms Regulation: Who Makes the Rules?

Regulatory responsibility is split between the Commonwealth and the states. The Commonwealth controls the importation of firearms, while NSW regulates their ownership and use through two key pieces of legislation:

Firearms Act 1996 (NSW) and Firearms Regulation 2017 (NSW) govern licensing, registration and possession of firearms.
Weapons Prohibition Act 1998 (NSW) governs related prohibited items such as firearm parts, silencers and imitation weapons.

When determining penalties, NSW courts weigh up many factors, including:

The number of firearms involved
Whether any of the firearms are pistols or prohibited firearms
The nature and type of firearm
The purpose for which the firearm was possessed
Any evidence connecting the firearm to drug-related activity
How and where the firearm was stored

Fines are calculated in penalty units, with each unit currently valued at $110, so a 50-unit fine equates to $5,500. Whether your matter is dealt with summarily (Local Court) or on indictment (District or Supreme Court) is generally at the prosecution’s discretion, and in every case, the prosecution must prove each element of the offence beyond reasonable doubt.

This page covers offences relating to personal possession and use of firearms. If you’re a licensed dealer, organisation, or facing a Commonwealth firearms charge, get in touch with us directly for advice tailored to your situation.

Types of Firearms Offences

Unauthorised possession or use of a pistol or prohibited firearm

Possessing or using a pistol or prohibited firearm without a valid licence or permit carries a maximum penalty of 14 years’ imprisonment. Licence holders can also be charged if they use the firearm outside its stated purpose or breach a condition of their licence. The standard non-parole period is 4 years for offences committed on or after 21 August 2015 (3 years for earlier offences).

Unauthorised possession or use of a firearm generally

For firearms outside the pistol/prohibited category, unauthorised possession or use carries a maximum penalty of 5 years’ imprisonment. “Possession” is broadly defined; it includes having the firearm in your own custody, in someone else’s custody on your behalf, or on any premises or vehicle you control, whether or not you own it.

Unregistered firearms

Supplying, acquiring, possessing or using an unregistered firearm carries a maximum penalty of 14 years’ imprisonment for a pistol or prohibited firearm, or 5 years’ imprisonment for any other firearm. A defence may be available if you can show you didn’t know, and couldn’t reasonably have known, the firearm was unregistered, and that you weren’t its owner at the time.

Requirements for registered firearms

If a firearm is registered in your name, you must produce it for police inspection on request, and report any loss, theft or transfer within 7 days. Failing to comply carries a maximum fine of $5,500.

Altering a notice of registration

Altering the particulars on a firearm’s registration notice carries a maximum penalty of a $5,500 fine, 2 years’ imprisonment, or both.

Safekeeping Requirements

If you possess a firearm, you’re legally required to take reasonable precautions to prevent it from being lost, stolen, or accessed by someone not authorised to have it. Breaching this general requirement can result in a fine of up to $5,500 and 2 years’ imprisonment for a prohibited firearm or pistol, or $2,200 and 12 months’ imprisonment for any other firearm.

Storage obligations become more specific depending on your licence category:

Category A and B licences (air rifles, rimfire and centre-fire rifles, most shotguns) require firearms to be stored in an approved locked receptacle made of hardwood or steel, with ammunition stored separately. Maximum penalty for non-compliance: $2,200 fine, 12 months’ imprisonment, or both.

Category C, D and H licences (self-loading and pump-action firearms, pistols) require storage in an approved steel safe bolted to the premises, with ammunition again stored separately. Maximum penalty for non-compliance: $5,500 fine, 2 years’ imprisonment, or both.

In both cases, you may avoid these specific requirements if you can satisfy the Commissioner that your alternative storage arrangements meet an equivalent standard.

Prohibited Firearms

The Firearms Act 1996 (NSW) defines a long list of prohibited firearms, including:

Machine guns, submachine guns and any firearm capable of rapid-fire operation
Self-loading rimfire and centre-fire rifles
Self-loading and pump-action shotguns
Lever-action shotguns with a magazine capacity over 5 rounds
Firearms designed or adapted for military purposes
Firearms disguised as everyday objects (such as walking sticks or pens)
Firearms fitted with a silencer or noise-suppression device
Firearms with specially detachable, swivel, folding or telescopic stocks

This isn’t an exhaustive list; the legislation covers a wide range of configurations and specifications. If you’re unsure whether a firearm you own or have been offered falls into a prohibited category, get advice before you find out the hard way.

Prohibited Firearms-Related Weapons

The Weapons Prohibition Act 1998 (NSW) also regulates related items, including:

Silencers and similar noise-suppression devices
High-capacity detachable magazines (thresholds vary by firearm type)
Magazine extensions that increase ammunition capacity
Devices such as brass catchers designed to attach to a firearm

Summary Court Process (Local Court)

Less serious firearms matters proceed through the Local Court:

Get legal advice early – before speaking with police or making any statement.
Mention hearing – your first court date. You can plead guilty here after receiving advice, or the matter will be adjourned for a defended hearing.
Brief mention – both sides exchange evidence ahead of the hearing date.
Hearing – both parties present their case, and the magistrate delivers a decision and, if applicable, a sentence.

Sentencing Options in the Local Court

Section 10 dismissal – the court finds you guilty but records no conviction, available where the offending is considered out of character and further punishment isn’t warranted. The court considers your record, character, the triviality of the offence, and any extenuating circumstances.
Intensive Correction Order (ICO) – a custodial sentence served in the community, subject to conditions such as home detention, curfews, electronic monitoring or up to 750 hours of community service.
Community Correction Order (CCO) – similar to an ICO, but requiring the defendant to remain available to attend court as required.
Conditional Release Order (CRO) – available with or without a recorded conviction.
Section 32 diversion – available under the Mental Health (Forensic Provisions) Act 1990 (NSW) where cognitive impairment or mental illness contributed to the offending.

Indictable Court Process (District or Supreme Court)

More serious firearms matters proceed on indictment:

Legal advice and bail – a bail application may be needed if bail hasn’t already been granted.
Committal hearing – the court determines whether there’s sufficient evidence to proceed to trial.
Case conferences – negotiation between defence and prosecution before trial.
Trial – a jury determines guilt, with proceedings potentially running for weeks depending on complexity.
Sentencing – the judge hands down a sentence, often after reviewing pre-sentence reports.

Firearms Licences and AVOs

If you’re subject to an AVO or interim AVO, or have been convicted of certain prescribed offences, you are not eligible for a firearms licence, and if you already hold one, it will be revoked. If your licence application has been refused on these or other grounds, we can advise you on your options for review.

Frequently Asked Questions

How do I legally dispose of a firearm?

If you’re the registered owner, a registered firearms dealer can complete a Notice of Disposal on your behalf. If you’re not the registered owner, for example, you’ve inherited a firearm as part of an estate, you can surrender it unconditionally to the police.

Can police seize my firearms?

Yes. If your firearms licence is suspended, revoked, or otherwise ceases to be in force, a police officer is authorised to seize both your firearms and your licence.

What if I were charged with an imitation or fake firearm?

Possessing an imitation firearm is still treated seriously, carrying a maximum penalty of 14 years’ imprisonment, and this applies on top of any penalty for the underlying offence you’ve been charged with.

How do I apply for a firearms licence?

You need a genuine reason recognised under the legislation, such as sport shooting, pest control, primary production, or employment, and you must meet fit-and-proper-person requirements (for example, you can’t be subject to an AVO or a good behaviour bond for certain offences). Applications are made via a MyServiceNSW account linked to NSW Police, and new applicants must wait the legislated 28 days for processing.

What happens if police find a firearm without a licence?

If police find you in possession of a firearm without a valid licence or permit, you may be charged under the Firearms Act 1996 (NSW). Penalties can include significant fines, a criminal record, and imprisonment, depending on the circumstances and type of firearm involved.

Can a firearms offence affect my ability to get a licence in the future?

Yes. A firearms conviction or even certain charges can impact your eligibility for a firearms licence. NSW Police assess whether you are a fit and proper person, and a criminal record may result in refusal or cancellation of your licence.

Do I need to attend court for a firearms charge in NSW?

In most cases, yes. Firearms matters are usually dealt with in court, starting in the Local Court and potentially progressing to higher courts depending on the seriousness of the offence. Legal representation is strongly recommended at every stage.

Disclaimer: The information above is general in nature and does not constitute legal advice. Penalties referred to are maximum penalties only; every matter is assessed by the courts on its own facts. At Best Criminal Lawyers Sydney, we recommend speaking with one of our criminal defence lawyers for advice specific to your situation.

Speak to a Lawyer Today

If you’ve been charged with a firearms or weapons offence, don’t leave it to chance. At Best Criminal Lawyers Sydney, we offer a free, confidential consultation to help you understand where you stand.

Call (02) 9158 8777 or complete the form below and one of our lawyers will be in touch.