Offences involving Firearms and Weapons
Offences involving Firearms and Weapons
Criminal Offences
Firearms and prohibited weapon offences mainly fall under the Firearms Act 1996 (NSW). This act came into force 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.
Firearms and prohibited weapon offences mainly fall under the Firearms Act 1996 (NSW). This act came into force 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.
Generally, a firearm is a gun, a weapon or device from which any shot, bullet or other missile can be discharged or propelled by explosion or compressed air. This can include such things as air guns; paintball firearms that discharge dye, paint or other marking substances; antique firearms; or weapons that discharge chemical or noxious substances.[1]
[1] Firearms Act 1996 (NSW) s.4(1).
An offensive weapon is an article made or adapted for offensive purposes, or any thing used for offensive purposes whether or not the thing is ordinarily used for offensive purposes.[1] Any article made or adapted to cause injury or fear of injury to the person or by which the person having it intends to cause injury or fear of injury to the person. A thing whose normal use is other than as a weapon, but which the possessor uses or intends or intended to use as a weapon.[2] A weapon used in an offensive manner regardless of any other purpose to which it may be put.[3]
[1] Crimes Act 1900 (NSW) s.4.
[2] Considine v Kirkpatrick [1971] SASR 73.
[3] RJS v R (1993) 31 NSWLR 649; 69 A Crim R 163.
Case Studies
How we Can Help
If you have been charged with any firearm-related offences, contact O’Brien Criminal & Civil Solicitors for respectful and dedicated representation.
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