What is Condition 10 of an AVO?
Condition 10 is an automatic restriction under 35 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and the Firearms Act 1996 (NSW). It applies to any person subject to an AVO – including interim and provisional orders – and states:
You must not possess any firearms or prohibited weapons.
This means the defendant must not keep, hold, carry, or use any firearm or prohibited weapon for the duration of the order. This condition applies even if the AVO is made on a ‘without admissions’ basis and even if no physical violence has occurred.
What Counts as a Prohibited Weapon in NSW?
A full list of prohibited weapons is set out in Schedule 1 of the Weapons Prohibition Act 1998 (NSW). Examples include:
- Firearms (including rifles and handguns)
- Flick knives and butterfly knives
- Slingshots, batons, tasers, and knuckle dusters
- Crossbows and spear guns
- Certain military-style blades or martial arts weapons
Possession doesn’t just mean ownership — it includes storage, borrowing, or control of the weapon in your home or vehicle.
To read more about fire arm offences, click here.
What Happens to My Firearms Licence or Permit?
Under section 24 of the Firearms Act 1996 (NSW), your firearms licence is automatically suspended while the AVO is in force. If the AVO becomes final, the licence is automatically revoked.
You must surrender any firearms to police within 24 hours of being served with the AVO. Failure to do so is a criminal offence.
What If I’m a Collector or Hunter?
Even if you are a registered collector, hunter, or security professional, the condition still applies. There are no exceptions based on profession or recreational use. If this condition affects your livelihood, a criminal lawyer Parramatta can help you apply to vary or revoke the AVO or explore whether a prohibition order can be challenged in court.
Can I Store My Firearms With Someone Else?
No. You cannot legally transfer firearms or prohibited weapons to another person unless police approve the arrangement. Attempting to hide or store weapons with a friend or family member may lead to further charges, including hindering police or unlawful possession.
What Are the Penalties for Breaching Condition 2?
Maximum penalty includes:
- 2 years in prison
- Fine of $5,500
- Potentially a criminal record
Separate charges under the Firearms Act or Weapons Prohibition Act – many of which carry harsher maximum penalties (e.g. 5–14 years imprisonment for unlicensed possession)
NSW Police regularly run checks and audits on individuals with prior firearm licences. In areas like Blacktown, Campbelltown and Penrith, enforcement is strict and proactive.
Where weapons possession is coupled with confrontation and contact with the protected person, or any person for that matter, you could be charged with:
- Stalking or intimidation (s13 CDPVA)
What Should I Do If I Have Firearms or Weapons?
- Contact your local police station to arrange safe surrender immediately.
- Get legal advice from a criminal defence lawyer Sydney before making any statements
- Do NOT attempt to relocate, hide, or sell the weapons — even if the AVO seems minor
Our criminal lawyers Parramatta can assist with legal advice, police negotiations, and AVO variation applications.
How We Can Help
At National Criminal Lawyers®, we have assisted countless clients in defending AVO conditions and firearm-related breaches.
Our experienced team — including criminal defence lawyer Sydney and criminal lawyers Parramatta — can:
- Help you surrender weapons safely and legally
- Challenge the AVO in court if it’s causing unnecessary hardship
- Defend any charges of unauthorized possession or breach
- Apply to vary or revoke the AVO if justified
Whether you’re a professional, sports shooter, or civilian affected by an AVO, we’re here to protect your record and future.
Final Takeaway: No Guns, No Excuses
If you’re subject to an AVO in NSW — even an interim one — **you must not possess firearms or prohibited weapons**.
📞 Call 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au to speak with the best criminal lawyers Sydney and get urgent legal help today.
