What are Prohibited Firearm or Weapon Offences?

Without a licence or exemption, it is illegal to possess or use firearms or weapons in NSW.

The Law

Firearms

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.

Other Weapons

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

  • Firearm/s
  • Tasers
  • Butterfly knives
  • Flick knives
  • Swords
  • Throwing stars (shurikens)
  • Military-style weapons
  • Brass knuckles or “Knuckle dusters”
  • Extendable batons
  • Slingshots
  • Imitation firearms
  • Spear gun/s
  • Crossbow (or any similar device)
  • Blow-gun or blow-pipe
  • Handcuffs
  • 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)
  • Any dart capable of being projected from a blow-gun or blow-pipe
  • Silencers or any other device designed for attachment to a firearm

Jurisdiction / Case Law

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.

What must the prosecution prove?

Since Prohibited Firearm or Weapon Possession 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.

To establish Illegal Firearm 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 Firearm or Weapon Possession, what are your options?

National Criminal Lawyers (NCL) have been successful in defending many Firearm or Weapon Possession charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Prohibited Firearm or Weapon Possession:

  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 the 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.

Please contact us now for more information about your options.

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 ensure 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 is 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 the best result available.