Possess or Use Unregistered Firearm Offences

Lawyers NSW

What is Possess or Use Unregistered Firearm?

This is an offence that involves possessing, obtaining or supplying or using an unregistered firearm.


Possess or Use Unregistered Firearm & The Law


It is an offence for a person to supply, acquire or have in their possession an unregistered firearm under Section 36 of the Firearms Act 1996.


It is also illegal to possess an unregistered firearm in a public place under Section 93I of the Crimes Act 1900.


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

  • The accused possessed a firearm in a public place; and

  • At the time of possession, the accused was not authorised to so by a licence or permit under the Firearms Act 1996


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


  • The accused possessed, sold, purchased or used a firearm; and

  • At that time, the firearm was not registered


What does Aggravated Possession of an Unregistered Firearm Mean?


Possession of the unregistered Firearm will be deemed to have occurred in circumstances of aggravation if the following conditions apply:

a.      If there was more than one firearm located in the accused’s possession; or

b.      If the unregistered firearm was a pistol; or

c.      If the unregistered firearm is a prohibited firearm


What is a Prohibited Firearm?


Schedule 1 Prohibited Firearms of the Firearms Act 1996 outlines what a prohibited firearm is. It can include:

  • Any machine gun, sub-machine gun, self-loading shotgun

  • Any self-loading rimfire rifle

  • Any self-loading centre-fire rifle

  • Any self-loading or pump action shotgun


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


The possession or use of an unregistered firearm is a serious offence which can carry a maximum penalty in the Local Court of 2 years imprisonment.


If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence, the maximum penalty can be up to 5 years imprisonment.


If the Possession of the firearm occurs in a public place, the maximum penalty is 10 years imprisonment.


If the Possession of a Prohibited Firearm is aggravated, then the District Court can impose a maximum penalty of 14 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 nature of the firearm, 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 and obtain a more lenient sentence.



“I cannot begin to thank Paul for his tireless efforts with my case. Would recommend them anybody with a criminal matter their clear communication and expert advice got me my best possible outcome”


—  Casey, Nurse


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