There are various firearm offences relating to the use and misuse of firearms in New South Wales. These are contained in the Firearms Act 1996, the Crimes Act 1900 and the Weapons Prohibition Act 1988. Under the National Firearms Agreement, gun laws between states and territories are now largely aligned. This means that in all Australian jurisdictions, a person must have a license to possess a firearm. However, all semi-automatic rifles and pump-action shotguns are banned.

There are a number of offences under the Weapons Prohibition Act, which include:

• purchasing and selling prohibited weapons;

• advertising sale of prohibited weapons; and 

• unauthorised manufacture of prohibited weapons. 

The NSW Crimes Act also contains offences relating to firearms which are classed as more serious offences because they relate not just to breaches of the regulations but to the use of firearms to cause harm or the fear of harm.

These provisions include:

• Section 33A, which makes it an offence to:

  - discharge a firearm with intent to cause grievous bodily harm or to 

  - discharge a firearm with intent to resist or prevent lawful arrest. 

• Section 93G makes it an offence to cause danger with a firearm and 

• Section 93GA contains an offence of firing at a dwelling house or building with disregard for the safety of a person.

  Firearms Possession

  Under Section 12 of the Firearms Act 1996, a person must have a genuine reason for having a firearm.
  Genuine reasons for possessing firearms include:

• being the occupier of rural land or

• being a current member of an approved hunting club. 

  
  There are two sections in the Firearms Act 1996 that deal with unauthorised possession or use of a firearm:
  Section 7A provides that a person must not possess or use a firearm without a licence or permit. The maximum penalty for this offence is imprisonment for five years.
  Section 7(1) provides that a person must not possess a prohibited firearm or pistol unless authorised by a permit or licence.
  

  Firearms Importation

  The Customs (Prohibited Imports) Regulations 1956, controls the importation of firearms in Australia.

  Importers must obtain permission to bring firearms into Australia. The importation requirements will depend on the Category of firearm, action type, magazine capacity and any parts or accessories fitted to the firearm.

  The maximum penalty for importing firearms and related goods without the relevant import permission is a penalty not exceeding 2,500 penalty units, imprisonment for up to 10 years, or both.

Firearms Registry Appeals

Registration requirements:

Under Section 36(1) of the Firearms Act 1996, a person must not supply, acquire, possess or use a firearm that is not registered. 

The maximum penalty for this offence is five years imprisonment unless the firearm is a prohibited firearm or pistol, in which case the maximum penalty is 14 years imprisonment.

Safekeeping and Storage Requirements

If you are the holder of a firearms licence, there are safekeeping and storage requirements you must meet under the Firearms Act.

Section 39 provides that a person commits an offence if they fail to take all reasonable precautions to ensure:

• the safekeeping of a firearm; and 

• it is not lost or stolen; and 

• it does not come into the possession of someone who is not authorised to use it.

  The maximum penalty for this offence is a fine of 20 penalty units or imprisonment for 12 months or both. 

  If the firearm is a prohibited firearm or pistol, the maximum penalty is a fine of 50 penalty units or imprisonment for two years or both.

  Sections 4 and 41 provide that it is an offence for the holder of a firearms licence to fail to store the firearms according to the requirements for the firearm whenever it is not in use. 

  The requirements for storage and the penalties for failing to comply with them vary depending on the category of firearms licence concerned.

Why do you need a lawyer?

Courts have held that they must enforce firearms legislation not just when they are used in connection with crimes but also to ensure the regulation of firearms in the community.

The seriousness of a firearms offence is assessed based on the purpose for which the firearm was being used. 

For example, if a firearm was used in connection with a criminal activity, this will be crucial to determining the offence’s seriousness.

Engaging with our team of firearm law experts can assist you in ensuring you receive expert advice for your defence and support you when dealing with firearm legislation.