What are a Firearms or Weapons offences ?
Without a licence or exemption, it is illegal to possess or use firearms or weapons or to carry ordinary items for use as a weapon in NSW.

Case law/Jurisdiction
Pursuant to section 7A of the Firearms Act 1996 (NSW) a person must not possess a firearm unless the person has a licence or permit to do so. A person is only permitted to possess a firearm within the category of licence held.

The Law

The Firearms Act 1996 (NSW) requires anyone who wants to own, possess, or carry a firearm, including handguns and long arms, to obtain a licence.

The Weapons Prohibition Act 1998 (NSW) prohibits anyone from use, possession, buying, selling, carrying or manufacturing a weapon (unless they have a valid permit)

Outlawed weapons



Butterfly knives

Flick knives


Throwing stars

Military-style weapons

Knuckle dusters (brass knuckles)

Extendable batons


Imitation firearms

Spear gun/s

Crossbow (or any similar device)

Blow-gun or blow-pipe

Any dart capable of being projected from a blow-gun or blow-pipe.

A whip (also known as a cat-o’-nine-tails)

Kung fu sticks or “nunchaku”

A baton or any other similar article

A sap glove, A studded glove, or any other similar article

Anti-personnel spray and that can discharge any irritant

Any acoustic or light-emitting anti-personnel device which can cause permanent or temporary incapacity or disorientate persons.

Any object that substantially duplicates in appearance a weapon (but not if it is a children’s toy)

A Bowen Knife Belt or any other similar article

Body armour vests (or other similar article)


Silencers or any other device designed for attachment to a firearm

What must the prosecution prove?

Since Firearms and weapons is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Firearms or Weapons possession.

To establish Firearms or Weapons possession, the prosecution must prove each of the following matters beyond reasonable doubt:

That you were in possession of or using a:

  • Prohibited firearm; or Pistol; or Weapon
  • And either of the following:
  • You did not have a licence to do so; or
  • You had a licence, but you were using or possessing a firearm or weapon in a way that contravenes a condition of your licence; or
  • You had a firearm or weapon licence but were using the firearm or weapon otherwise than for the purpose established by you as being the genuine reason for possessing or using the firearm/weapon.

If you are charged with the offence of POSSESSION OF FIREARM OR WEAPON what are your options?

National Criminal Lawyers have been successful in defending a number of Firearms/Weapons charges where the prosecution could not establish each of the elements. We have also achieved a number of non-convictions for Firearm/Weapon charges.

NCL offer the following options for those who have been charged with Firearms or weapons offences;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Firearms or Weapons offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options

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