Firearms and prohibited weapon offences mainly fall under the Firearms Act 1996 (NSW). This act was introduced after the Port Arthur massacre where a man with a gun killed 35 people and wounded 23 in Tasmania in 1996.
The Firearms Act 1996 regulated the unauthorised possession, use, manufacture and supply of firearms.
This factsheet applies to NSW Legislation, however, under the National Firearms Agreement, most legislation is similar. If you have a query about guns in other states, contact us for a free consultation.
Do I have to register my firearm?
Yes! The only people who are exempt from registration are police officers, prison officers and defence force members while acting in their duties.
If you have an antique firearm, you don’t have to register it to possess it, but if you want to use it, it will need to be registered.
When you register your firearm, you will receive a registration certificate.
Do I need a licence to have a firearm?
Yes! You must have a current firearm licence or permit and have a Permit to Acquire a firearm (PTA). You can apply for a PTA through Service NSW.
Unlicensed possession of a firearm (s.7A Firearms Act 1996)
It is an offence to possess a gun without a firearm licence or permit. Usually, this offence is dealt with in the Local Court, however, a decision can be made to have the matter heard in the District Court.
In the Local Court, the maximum jail time is two years. If the matter proceeds to trial in the District Court, you could face up to 5 years in jail.
There are two elements the prosecution needs to prove. They must prove that the firearm was in your possession and that the firearm was unlicensed.
If the weapon is a prohibited firearm (including machine guns, sub-machine guns, pump-action shotguns and more), then the maximum penalty can be up to 14 years in prison.
Unregistered firearms (s.36(1) Firearms Act 1996)
You must not supply, acquire, possess or use a firearm that is not registered.
The maximum penalty is 5 years in jail, and if the firearm is prohibited then the maximum penalty is 14 years in jail.
Safekeeping of firearms (s.39 Firearms Act 1996)
Under the Act, you must take all reasonable steps to ensure the safekeeping of the firearm and make sure it is not lost or stolen.
The maximum penalty for this is up to 12 months prison, or two years if the weapon is prohibited.
Firearm Prohibition Order (s.74A Firearms Act 1996)
A firearms prohibition order (FPO) is an order made by the NSW Police Commissioner to restrict a person’s ability to possess and use firearms.
Any officer can nominate someone for an FPO including staff within the NSW Firearm Registry.
If the order is applied, it becomes an offence to acquire, possess or use a firearm, parts or ammunition. Breaching the FPO can result in up to 14 years in prison, and can be up to 5 years for handling ammunition alone.
Have you been given an FPO?
The police have really broad powers to detain you, enter your premise or stop and detain any vehicle you’re in control or possession of under s. 74A of the Firearms Act. The police do not require a search warrant if you’ve been given an FPO.
Given the broad powers, it’s important you’re aware of your review rights. After being served with an FPO, you have 28 days to request the NSW Police review the decision. If they refuse to reconsider the decision, you might be eligible to take the matter to the NSW Civil and Administrative Tribunal (NCAT).
However, if you have been convicted of serious drug or dishonesty offences, or you’ve been subject to an AVO, you will not be eligible to have the order reviewed.
These orders last forever, meaning that at any point in your life after an FPO has been served, the police can enter your home, your car or your persons.
Given the broad powers and limited review options you should contact O’Brien Criminal and Civil Solicitors as soon as you are served with an FPO.
