Firearms Offence Lawyer Central Coast
What is a firearm and weapon offence?
Regarding the current socio-political climate of Australia, to be accused of an offence involving firearms or weapons is considered extremely serious. Legislation in NSW specifically prohibits and regulates the use, manufacturing possession, purchase and supply of weapons and firearms, with the intention to promote the protection of public safety.
Under NSW legislation a firearm may be broadly characterised as a
‘Gun or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive”, including blank fire firearms and air guns.’
*** note that replica (imitation firearms) which are not specifically identified as a child’s toy will be treated under NSW legislation in the same custom as the firearm that they represent
What Does the Law Say?
USE AND/OR POSESSION OF UNLICENSED FIREARMS
Under NSW legislation the use or possession of an any prohibited firearm without regulated authorisation carries a maximum penalty of 14 years imprisonment.
Posession of a Prohibited Weapon
Statute in NSW purports that the possession of a prohibited weapon carries the maximum penalty of 14 years imprisonment.
The offence of Possessing a Prohibited Weapon contained in section 7(1) of the Weapons Prohibition Act 1998 states:
‘a person must not possess or use a prohibited weapon unless the person is authorised to do so by a permit.’
Section 7(2) outlines that even with a permit, if an individual actions go beyond the scope of the permit in the use of the weapon that they will be guilty of an offence.
The requirements for an individual’s legal possession of weapons permit is set out on the Weapons Prohibition Act 1998. This legislation also provides clarity as to circumstances whereby an individual is exempt from holding a permit.
DANGEROUS USE OF FIREARM
The offence of Trespass with or Dangerous Use of Firearms is contained in section 93H (1) of the Crimes Act 1900 and states:
A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person:
- is the owner or occupier of the building or land or has the permission of the owner or occupier, or
- does so with a reasonable excuse, or
- does so for a lawful purpose,
- is liable to imprisonment for 5 years.
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to call us today.