Firearms and weapons offences are treated with the utmost seriousness under New South Wales law. These charges often attract severe penalties, including mandatory terms of imprisonment, lengthy disqualification periods, and permanent consequences for a person’s criminal record. Even technical breaches of firearms or weapons legislation can result in significant legal consequences.
Our lawyers are highly experienced in defending firearms and weapons charges and are best placed to guide you through the legal process and work towards the best possible outcome.
Firearms offences can arise in a wide range of circumstances, including possession without a licence, unauthorised use, unsafe storage, or possession of a prohibited firearm.
Common firearms offences include:
● Possession of an unlicensed firearm
● Possession of a prohibited firearm
● Use of a firearm without authority
● Failing to safely store a firearm
● Carrying a firearm in a public place
To prove a firearms offence, the prosecution must establish that the accused knowingly possessed, used, or controlled a firearm and did so without lawful authority or excuse.
Penalties for Firearms Offences can include:
● Criminal Conviction
● Heavy fines
● Firearms licence cancellation or disqualification
● Mandatory or discretionary imprisonment (depending on the offence)
Defences may be available depending on the circumstances, including lack of knowledge, lawful authority, or challenging the legality of police searches and seizures.
Weapons Offences can include the possession, use, or carrying a prohibited weapon without proper authorisation. Prohibited weapons include a wide range of items, even where no injury has occurred.
Examples of prohibited weapons include:
● Knives and flick knives
● Knuckle-dusters
● Batons and extendable batons
● Tasers and stun guns
● Firearms accessories and modified weapons
Possession alone is sufficient to constitute an offence, and police do not need to prove an intention to use the weapon.
To prove a charge involving a prohibited weapon, the prosecution must establish:
1. Possession or control of the weapon
2. That the item is classified as a prohibited weapon
3. Lack of lawful authority or excuse
Penalties for Prohibited Weapons Offences can include:
● Criminal Conviction
● Fines
● Community Service
● Imprisonment
Firearms Prohibition Orders (FPOs) and Weapons Prohibition Orders (WPOs) are preventative orders made under NSW law that significantly restrict a person’s rights, even where they have not been convicted of a firearms or weapons offence. These orders are commonly used by police in circumstances where they allege a person poses a risk to public safety.
Once an order is made, police are granted extensive enforcement powers, and breaching an order is a serious criminal offence.
It is our experience that these orders are often made with little oversight and that are being used by Police in order to absolute power to search a person and their house and their own discretion. You have limited time to appeal against an FPO and WPO so should seek immediate legal advice as soon as you are served with said order.