Firearms charges in NSW
The main firearms offences, what turns an unlicensed firearm into a prohibited one, the standard non-parole periods that limit the court's discretion, and why prior good character protects you less on these charges than on almost any other.
Possessing or using a firearm without a licence carries five years; if the firearm is a pistol or a prohibited firearm, fourteen. Several firearms offences carry standard non-parole periods, which means the starting point is imprisonment and the court needs reasons to go below it. First-time offenders with no record go to custody on these charges. They are lawyer matters at every level.
- Find the section on your notice: s 7 (prohibited firearm or pistol) or s 7A (other firearm) of the Firearms Act, or a Crimes Act sectionSection 2 of this guide
- Check whether the offence carries a standard non-parole periodSection 4 of this guide
- Get a lawyer or apply for Legal Aid before the first mentionSection 6 of this guide
Every charge in this guide is the wrong place for self-representation. The standard non-parole period regime is designed to produce custodial sentences for first-time offenders, and the argument for anything less is a legal argument.
| Unauthorised possession or use of a firearm, s 7A | Maximum 5 years |
| Unauthorised possession or use of a pistol or prohibited firearm, s 7 | Maximum 14 years, SNPP 4 years |
| Unregistered firearm, s 36 | Maximum 5 years; 14 if prohibited or pistol |
| Firearm in a public place, s 93G Crimes Act | Maximum 10 years |
| Licence | Any conviction usually means revocation and a ten-year bar |
1The framework
Start here
Firearms offences in NSW are created mainly by the Firearms Act 1996 and the Weapons Prohibition Act 1998, with the most serious, using a firearm in the commission of another offence or possessing one in a public place, in the Crimes Act 1900. The notice tells you which Act and which section. The two questions that decide the range are whether the firearm was a pistol or a prohibited firearm, and whether the offence carries a standard non-parole period.
Legal basis: Firearms Act 1996 (NSW); Weapons Prohibition Act 1998 (NSW); Crimes Act 1900 (NSW) Part 3 Division 10A. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
2The main offences
What must be proved
| Offence | What it covers | Maximum |
|---|---|---|
| Unauthorised possession or use of a firearm, s 7A | Possessing or using any firearm without a licence or permit | 5 years |
| Unauthorised possession or use of a pistol or prohibited firearm, s 7 | The same, where the firearm is a pistol or a prohibited firearm under Schedule 1: machine guns, self-loading rifles and shotguns of certain types, silencers and others | 14 years; SNPP 4 years |
| Possessing an unregistered firearm, s 36 | Possessing a firearm not registered, whether or not licensed | 5 years; 14 if pistol or prohibited |
| Possessing a firearm in a public place, s 93G Crimes Act | A loaded firearm in a public place, or in circumstances of unlawful purpose | 10 years |
| Firearm used in an offence, s 33B Crimes Act | Using or threatening with a firearm to prevent arrest or in committing another offence | 12 years; 14 in company |
| Prohibited weapon, Weapons Prohibition Act s 7 | Knives, batons, crossbows, tasers and other items in Schedule 1 without a permit | 14 years |
Possession has the same meaning as elsewhere in criminal law: custody or control, with knowledge. A firearm in a shared shed, or one you did not know was in a bag you were carrying, raises the same possession arguments as a drug, and they are run the same way.
Legal basis: Firearms Act 1996 (NSW) ss 4, 7, 7A, 36, Schedule 1; Crimes Act 1900 (NSW) ss 33B, 93G; Weapons Prohibition Act 1998 (NSW) s 7. Requires principal review before release: confirm current maximums and Schedule 1 categories. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
3Prohibited firearms and pistols
The multiplier
Whether the item is a prohibited firearm or a pistol nearly triples the maximum penalty and brings in the standard non-parole period. Schedule 1 to the Firearms Act lists prohibited firearms: fully automatic and self-loading firearms of most kinds, pump-action shotguns above a magazine capacity, firearms disguised as other objects, silencers, and more. A pistol is any firearm designed to be held in one hand. The category is a matter of the physical characteristics of the item, and the prosecution proves it with a ballistics certificate.
4Standard non-parole periods
Why good character matters less
For s 7 possession of a pistol or prohibited firearm, and for several other firearms offences, the legislation sets a standard non-parole period: the minimum period in custody the court takes as the guidepost for an offence in the middle of the range of seriousness. For s 7 it is four years. The court is not bound to impose it, but it must take it into account, must give reasons for departing from it, and in practice starts from full-time custody and asks why not. A clean record, a stable job and good references, which on a drug possession charge make the difference between a conviction and no conviction, on a firearms charge with a standard non-parole period make the difference between four years and a shorter term, or in a genuinely exceptional case a term served by intensive correction order.
The exceptional cases exist: a person who inherited a firearm and failed to register it, a collector with a technical breach, a rural property owner with an old rifle. The argument that a matter is one of those is a sentencing argument built on evidence, and it is made by a lawyer.
Legal basis: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 54A to 54D and Division 1A Table. Requires principal review before release: confirm which firearms offences currently carry standard non-parole periods and the periods. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
5Licence consequences
Beyond the sentence
A conviction for a firearms offence results in revocation of any firearms licence and, for most offences, a ten-year bar on holding one. A licence is usually suspended from the date of charge. If you hold a licence for work, that consequence arrives before the sentence does.
Legal basis: Firearms Act 1996 (NSW) ss 11, 24. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
6What to do now
Action
Say nothing to anyone but a lawyer. Do not discuss the item, where it came from, or who else knew about it. If the firearm is still in your possession, or another one is, tell your lawyer, not the police; how a surrender is arranged matters. Get a lawyer or apply for Legal Aid before the first mention.
Any firearms charge
The standard non-parole period regime starts from custody and the argument for anything else is built on evidence about the item, the circumstances and you, in a form the court accepts. A consultation with the lawyers who built Standard before your first mention is the right step, and on a s 7 charge it is not optional.
Request a consultationGeneral information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.