Firearms Licence | Factsheet

Criminal Procedure

What Firearms Licence Do I Need in New South Wales? 

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In New South Wales (NSW), you will need a firearms licence if you want to own a firearm. Under Australian law, this area is related to the Firearms Act 1996 and its associated regulations. 

 

What is a firearms licence? 

A firearms license is a license issued by the government, that allows the holder to buy, own, possess, or carry a firearm. However, there are a number of strict criteria for keeping the firearm licence in NSW. 

In this context, the definition of licence is the need to hold recognition, and/or certification, and registration to undertake a certain business activity. 

Furthermore, an individual must be eligible for a licence. 

What are the eligibility requirements for holding a firearms licence in NSW? 

To be eligible for a firearms licence, you must fulfil all of the following criteria. To obtain a licence, you must: 

  • Be a NSW resident (or about to become a NSW resident), 
  • Be over 18 years of age,
  • Pass a firearms safety training course (for longarms, i.e. rifles, or handguns), 
  • Confirm that you can adhere to the safety storage requirements for the category of firearm licence you require, 
  • Be a fit and proper person, so the deciding body is confident you are safe to possess a firearm. Basically, you must not present a danger to public safety in any way. 

What are the safety storage requirements for a firearms licence? 

Everyone in NSW that holds a firearm must adhere to safety storage requirements. For example: 

  • Ensure the firearm is kept safe i.e is not stolen and,
  • Secondly, the firearm is to be kept away from unauthorised persons. 
  • Finally, for a full detailed breakdown of all the storage requirements for firearms in NSW, click here. 

History checks for getting a firearm licence in NSW

During the process of applying for a firearm licence in NSW, they also conduct a history check on all applicants. However, if the applicant has a criminal history, this may prevent a person from receiving a firearms licence in NSW. However, you cannot obtain a licence if you are subject to an: 

  • Apprehended Violence Order (AVO)
  • Injunction Order issued by the Family Law Court,
  • Interim Apprehended Violence Order,
  • Provisional Apprehended Violence Order,
  • Good behaviour bond for an offence,
  • Firearms or weapons prohibition order. 

In addition, if the applicant is a registered person under the Child Protection (Offenders Registration) Act 2000, the application might fail. Furthermore, if the applicant was convicted within the previous 10 years of an offence, they might not be able to hold a license. 

What do I need to apply for a firearms licence in NSW? 

To obtain a firearms licence, you will also need the following: 

  • A MyServiceNSW Account,
  • Identity documents such as a driver licence and birth certificate. 
  • A credit/debit card for payment. 

Plus, one of the below:

  • A safety training certificate for your firearm or,
  • The number of your previous firearms licence, 
  • An interstate firearms licence number,
  • And documents to support your Genuine Reason for wanting the firearm. 

Genuine reason for wanting a firearm

In addition, you also need a genuine and fair reason for needing a firearm. Specifically, you have a genuine reason for owning a firearm if the applicant: 

  • Holds a membership for a sport or shooting club, 
  • Is going recreational hunting, 
  • Partakes in vermin control or animal population control, 
  • Works in animal welfare, 
  • Is employed in a rural occupation, 
  • Collects firearms, 
  • Is a primary producer or, 
  • Requires it in a business. 

Self defence or personal protection is not a genuine reason for the purposes of getting a firearms licence.

What are the different types of categories of firearm licences in NSW? 

In NSW, there are five categories of firearms licences. To list: 

  • Category A: This section covers firearms that do not self-load. For example, air rifles, rim fire rifles, shotguns operated by a break etc. 
  • B: Includes longarm weapons that do not self-load such as centrefire rifles, muzzle-loading firearms and shotgun/centrefire rifle combinations that operate by a break action.
  • C: This category includes self-loading rim fire rifles with a magazine capacity of no more than 10 rounds, pump action shotguns with a magazine capacity of up to 5 rounds, and self-loading shotguns with a magazine capacity of up to 5 rounds.
  • D: It covers self-loading centrefire rifles, self-loading rim fire rifles with a magazine capacity of up to 10 rounds, pump action shotguns with a magazine capacity of more than 5 rounds, self-loading shotguns with a magazine capacity of up to 5 rounds, lever action shotguns with a magazine capacity of more than 5 rounds.
  • H: This section includes weapons such as pistols, including rimfire pistols and air pistols.

How long does a firearm licence last in NSW? 

The average duration of a firearm licence in NSW is between 2 to 5 years. 

If you need to apply for a firearm licence, click here

How we Can Help

Our criminal defence lawyers are experienced in helping clients with a host of criminal charges. Therefore, if you have been charged with an offence and think you need help, get in touch. Call O’Brien Criminal and Civil Solicitors today on (02) 9261 4281 to discuss your legal options. 

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p: 02 9261 4281
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Sydney NSW 2000

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