Failure to Safe Keep Firearms 

Lawyers NSW

What is Failure to Safe Keep Firearms?


This is an offence that involves failure of the person who possesses a firearm to follow all reasonable precautions to ensure that firearm is kept safely, and not stolen or misplaced, and which has not come into the possession of another person who is not authorised to possess it. 


Failure to Safe Keep Firearms & The Law

This is an offence under Section 39 of the Firearms Act 1996.


Examples of Failure to Safe Keep Firearms

  • Failure to keep a firearm stored in locked compartment which has been approved by the Commissioner

  • Failure to keep a firearm compartment fixed and mounted to a wall

  • Failure to keep ammunition in a locked container which has been approved by the Commissioner

  • Failure to keep ammunition in a separate place from the compartment containing the firearm


What the Prosecution need to Prove (Beyond a Reasonable Doubt):

  • The accused possessed a firearm; and

  • The accused failed to take all reasonable precautions to safeguard the safe keeping, and to ensure that it was not stolen or misplaced, and nor did it come into the possession of a person who was not authorised to possess it.


Going to Court – “What am I looking at?”


This offence is a summary matter which means that it will be heard before a Magistrate in the Local Court. It carries a maximum penalty of up to $2,200 fine and/or 1 year imprisonment.

If the firearm was prohibited or a pistol, the offence would carry a maximum penalty of $5,500 fine and/or 2 years imprisonment.

Lawyer Call – here to help..

Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.


Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate or Judge and obtain a more lenient sentence.



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