Unauthorised possession of firearm

It is not illegal in NSW to possess a firearm, as long as the person complies with the regulations in place and has a lawful and current license. However, where any one of these requirements is not met, this may result in serious charges. Unauthorised possession of a firearm pursuant to section 7A of the Firearms Act 1996 will capture anyone who does not have the relevant license for the weapon in their possession. A license for a firearm will only cover weapons that fall within that particular licenses’ category. It is not possible to try and justify the possession of an unauthorised firearm with a license issued for a different weapon.

The maximum penalty for the offence of possessing an unauthorised firearm is a maximum term of 5 years imprisonment. For more serious offences, such as possessing a prohibited firearm or pistol, the maximum term is 14 years imprisonment. Generally firearm offences are incurred during the commission of another offence, such as an assault or robbery. However, the offence frequently captures law-abiding citizens who have failed to maintain the legal requirements of owning such a weapon. An accepted consequence that owners of firearms must accept is a degree of scrutiny from the Police. Maintaining high standards of care, and regularly making sure licenses are up to date, is imperative in relation to firearms.

Possess Prohibited Weapon

The offence of possess a prohibited weapon pursuant to section 7 of the Weapons Prohibition Act, is a serious offence with a maximum term of imprisonment of up to 14 years. The majority of people who are sentenced with this charge may be unaware that the weapon within their possession is prohibited. However it is no defence to be unaware that the weapon in possession is prohibited.

Weapons that are considered prohibited include mace and other similar sprays, flick-knives or butterfly knives, brass knuckles, knuckle dusters and weighted gloves, batons and extendable batons, handcuffs, bullet-proof vests, tasers and similar devices, star knives, laser pointers, sling-shots, spear guns, cross-bows and dart guns. This list is not exhaustive but it gives an idea of how seemingly innocuous weapons may actually be considered a prohibited weapon.

There is no defence to this charge where the weapon was possessed for self-defence. Many of these items can be purchased in NSW either online or in certain shops and markets. It is not a defence to claim that the weapon appeared to be legal as it was sold to you legally. Being unaware that a weapon is prohibited will not prevent you being charged.

Apprehended Violence Orders

An Apprehended Violence Order (AVO) is an order made by the court that restricts certain behaviour of the defendant towards another. Typically an AVO is evoked to protect a person making a complaint from anticipated harassment, intimidation, stalking or violence. Where an assault occurs where a child is involved, an AVO will automatically be issued against the offender.

All AVO’s include a prohibition on the defendant from assaulting, harassing, threatening, stalking, intimidating or otherwise interfering with the protected person. Breaching the requirements of an AVO may have serious consequences, and it is important to understand and comply with all of the imposed conditions.

Our firm can assist in acquiring an AVO against a person, as well as understanding and complying with an AVO that has been issued against you.