Weapons & Firearms Lawyers Sydney
Charged with a firearm or weapon offence? Our specialist Sydney offence lawyers provide immediate strategic defence to protect your rights and secure the best possible outcome.
- Strategic Defence for All Weapon Charges
- Proven Record of Dropped Charges
- Avoid a Criminal Conviction
- Clear Legal Strategy & Advice
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Expert Defence for Every Type of Firearm & Weapon Offence
Firearms and weapons charges in NSW are governed by complex legislation, including the Firearms Act 1996 (NSW) and the Weapons Prohibition Act 1998 (NSW). A conviction for a weapon offence can result in severe penalties, including imprisonment and a criminal record.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our offence lawyers have extensive experience and a proven track record in defending clients against all types of firearms and weapons charges.
We provide comprehensive legal advice and build a strategic defense focused on achieving the best possible outcome for your case.
- Causing Danger With Firearm Or Speargun
- Dangerous Use Of Firearm Or Speargun
- Firing At House Or Building
- Make Or Supply Explosive
- Possession Of Dangerous Articles Other Than Firearms
- Possession Of Unregistered Firearm In Public
- Safe Keeping Of Firearms
- Unauthorised Possession Of Firearm In Aggravated Circumstances
- Unauthorised Possession Or Use Of Firearms
- Unauthorised Possession Or Use Of Prohibited Firearms
- Unregistered Firearms
Penalties for Firearms & Weapons Offences in NSW
Understanding the potential penalties for a firearm or weapon offence in NSW is critical. The consequences are severe, as the courts treat these matters with the utmost seriousness to ensure public safety. A conviction for any firearms and weapons charges can lead to significant fines, lengthy terms of imprisonment, and a criminal record that impacts your employment and future.
The penalty for a weapon offence depends on many factors, including the type of weapon, the circumstances of the offence, and whether your case is heard in the Local Court or the District Court. Our expert criminal defence lawyers have a comprehensive understanding of this complex area of criminal law. We are dedicated to navigating the court process to minimise these penalties and protect your rights.
Penalties under the Firearms Act 1996 (NSW)
| Offence & Legislation | Maximum Penalty (Local Court) | Maximum Penalty (District Court) |
|---|---|---|
| Unauthorised Possession or Use of a Firearm (s7A Firearms Act 1996) | 2 years imprisonment | 5 years imprisonment |
| Unauthorised Possession or Use of a Prohibited Firearm or Pistol (s7 Firearms Act 1996) | 2 years imprisonment | 14 years imprisonment |
| Possession of an Unregistered Firearm (s36 Firearms Act 1996) | 2 years imprisonment | 5 years imprisonment (or 14 years for a pistol or prohibited firearm) |
| Unauthorised Possession of Firearms in Aggravated Circumstances (Possessing more than 3 firearms) (s51D Firearms Act 1996) | 2 years imprisonment & / or $5,500 fine | 10 years imprisonment (or 20 years if one is a pistol or prohibited firearm) |
| Safe Keeping of Firearms (Failure to Store Safely) (ss 39-41 Firearms Act 1996) | Up to 2 years imprisonment & / or $5,500 fine | Not applicable |
Penalties for Offences under the Crimes Act 1900 (NSW)
| Offence & Legislation | Maximum Penalty (Local Court) | Maximum Penalty (District Court) |
|---|---|---|
| Possession of an Unregistered Firearm in a Public Place (s93I(1) Crimes Act 1900) | 2 years imprisonment | 10 years imprisonment |
| Aggravated Possession of an Unregistered Firearm in a Public Place (s93I(2) Crimes Act 1900) | 2 years imprisonment | 14 years imprisonment |
| Causing Danger with a Firearm or Spear Gun (s93G Crimes Act 1900) | 2 years imprisonment & / or $5,500 fine | 10 years imprisonment |
| Dangerous Use of a Firearm or Spear Gun (s93H(2) Crimes Act 1900) | 2 years imprisonment & / or $5,500 fine | 10 years imprisonment |
| Firing at a Dwelling House or Building (s93GA Crimes Act 1900) | Not applicable | 14 years imprisonment (or 16 years if during public disorder or organised crime) |
| Possessing, Supplying or Making an Explosive (s93FA Crimes Act 1900) | 2 years imprisonment & / or $5,500 fine | 3-5 years imprisonment |
| Possession of Dangerous Articles Other Than Firearms (s93FB Crimes Act 1900) | 2 years imprisonment & / or $5,500 fine | Not applicable |
Penalties under Other Weapons Legislation
| Offence & Legislation | Maximum Penalty (Local Court) | Maximum Penalty (District Court) |
|---|---|---|
| Possess or Use a Prohibited Weapon (s7 Weapons Prohibition Act 1998) | 2 years imprisonment | 14 years imprisonment |
| Custody of a Knife in a Public Place (s11C Summary Offences Act 1988) | 2 years imprisonment & / or $2,200 fine | Not applicable |
It Is Possible to Avoid a Conviction & Severe Penalties
While the penalties for firearms and weapons charges are serious, a strategic and robust defence can make all the difference. The expert criminal lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers have extensive experience and a proven track record of having charges withdrawn or downgraded.
We can prepare a thorough and persuasive case to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your licence and your record. If you are facing any weapon offence, get expert legal advice from our team immediately.
Pleading 'Not Guilty' to a Weapons & Firearms Offence
If you choose to plead not guilty to a firearms and weapons offence, the prosecution carries the full burden of proving every element of the charge beyond a reasonable doubt. Our role as your criminal defence lawyers is to dismantle their case, identify weaknesses in the evidence, and build a robust defence strategy.
For the prosecution to succeed, they must prove you were in possession of the firearm or weapon and that you lacked the required licence or permit. We will meticulously analyse all evidence, from the circumstances of the police search to the specifics of the alleged weapon, to challenge the prosecution’s claims. A carefully prepared defence, supported by our extensive experience in criminal law, significantly increases the chances of having the charges dismissed and securing a ‘not guilty’ verdict.
Pleading 'Guilty' to a Weapons & Firearms Offence
Deciding to plead guilty to a firearm or weapon offence is a significant step, and it should only be taken after receiving comprehensive legal advice. An early guilty plea can demonstrate remorse and may lead to a more lenient sentence from the court, including a discount on the penalty. However, it is crucial to understand all your options first.
If pleading guilty is the right path, our focus shifts to achieving the best possible sentence for your case. The expert offence lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers have a proven track record of persuading the court to impose alternative penalties, even for serious weapons charges. We will prepare a compelling case on your behalf, aiming for outcomes like a Section 10 dismissal or a Conditional Release Order, which allow you to avoid a criminal conviction and the severe penalties that can follow.
Common Defences to Firearms & Weapons Charges
When you are charged with a firearm or weapon offence, several legal defences may be available depending on the specific circumstances of your case. A successful defence can result in the charges being withdrawn or a verdict of not guilty. Our defence lawyers have the expertise to identify and argue these defences effectively in court.
Common defences include:
- Self-Defence:Â Arguing that you possessed or used the weapon to protect yourself, another person, or your property from an immediate threat.
- Duress:Â Proving that you were forced to commit the offence because of serious threats or coercion from another person.
- Necessity:Â Demonstrating that you committed the offence to avoid a greater harm resulting from an urgent and imminent peril.
- Lawful Excuse:Â Showing you had a valid and lawful reason for possessing the item, which can include for work, recreational, or other legitimate purposes.
- Honest and Reasonable Mistake of Fact:Â Arguing that you genuinely believed in a set of facts which, if true, would have meant your actions were not illegal (e.g., believing an item was not a prohibited weapon).
What is a Prohibited Firearm?
In NSW, the term ‘prohibited firearm’ refers to specific types of firearms that are considered more dangerous and are strictly controlled under the Firearms Act 1996 (NSW). Possessing or using a prohibited firearm without a specific and valid permit is a serious criminal offence that carries severe penalties, including lengthy terms of imprisonment.
The list of prohibited firearms is extensive and includes, but is not limited to:
- Any machine gun or sub-machine gun capable of automatic fire.
- Self-loading rifles (semi-automatic).
- Self-loading or pump-action shotguns.
- Firearms designed or adapted for military purposes.
- Any firearm that has been modified to be easily concealed, such as those with a detachable or folding stock.
- Cannons and other weapons with a bore over 10 gauge.
Given the complexity of the legislation, it is vital to get expert legal advice if you are facing any charge involving a prohibited firearm.
What is a Prohibited Weapon?
Beyond firearms, the Weapons Prohibition Act 1998 (NSW) outlaws the possession and use of a wide range of other items classified as ‘prohibited weapons’. Many people in NSW are surprised to learn that everyday items or souvenirs can be illegal to possess without a specific permit. A weapon offence charge relating to these items can still lead to a criminal conviction and serious penalties.
Examples of prohibited weapons include:
- Flick knives, ballistic knives, and butterfly knives (balisongs).
- Knuckledusters.
- Batons and tasers.
- Crossbows and certain types of slingshots.
- Nunchakus (kung fu sticks).
- Spearguns (in certain contexts).
- Pepper spray (oleoresin capsicum spray).
- Laser pointers with a power level of more than 1 milliwatt.
- Handcuffs and body armour vests.
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Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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A Winning Record
We have a history of winning complex firearms and weapons cases. We focus on having weapons charges dropped, securing ‘not guilty’ verdicts, and protecting your criminal record.
EXPERT SYDNEY Drug LAWYERS
Our senior criminal lawyers have over 40 years of combined experience. Their deep expertise in Firearms and Weapons law and strategic criminal defense gives you a critical advantage in court.
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We offer a free, urgent Strategy Session to assess your weapon offence and outline your options. Our team is available 24/7 because immediate legal advice is vital when facing a serious charge.
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FAQs
What is the first thing I should do if I am charged with a firearm or weapon offence?
You should immediately seek expert legal advice from a specialist criminal lawyer. Firearms and weapons charges are extremely serious. The team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers is available 24/7 for a free consultation to provide urgent advice on your rights and the best steps to take to protect your future.
What is legally considered a 'firearm' in NSW?
Under the Firearms Act 1996 (NSW), a firearm is broadly defined as any gun or weapon capable of propelling a projectile by an explosive. This includes items like air guns and blank firearms, not just traditional guns.
What makes a firearm a 'prohibited firearm'?
A prohibited firearm is a category of weapon considered more dangerous and is subject to much stricter controls and far more severe penalties. The list is extensive and includes machine guns, self-loading rifles, pump-action shotguns, and firearms designed for military purposes.
What is a 'prohibited weapon'?
A prohibited weapon is an item outlawed under the Weapons Prohibition Act 1998 (NSW) unless you hold a specific permit. Many people are surprised to learn this list includes items like knuckledusters, flick knives, tasers, crossbows, and even pepper spray.
What does the law mean by 'possession' of a weapon?
Possession is broader than just having a weapon on your person. The law defines it as having custody or control of the item. This can include having it in your home, vehicle, or even in the custody of another person. Proving possession is complex, and our lawyers have the expertise to challenge the prosecution’s case on this critical point.
Can I really get a criminal record for a weapon offence?
Yes. A conviction for any firearms or weapons offence will result in a criminal record, which can seriously impact your employment, ability to travel overseas, and family law proceedings. Our primary goal at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers is to protect your record, often by seeking a non-conviction order like a Section 10 dismissal.
What are the penalties for unauthorised possession of a firearm?
For unauthorised possession of a standard firearm under section 7A of the Firearms Act 1996 (NSW), the maximum penalty is 2 years imprisonment if dealt with in the Local Court, and this increases to 5 years in the District Court.
Are the penalties more severe for a 'prohibited firearm'?
Yes, significantly. Unauthorised possession of a prohibited firearm or pistol carries a maximum penalty of 14 years imprisonment if the case is heard in the District Court. This highlights the importance of getting expert legal representation immediately.
What happens if my firearm is unregistered?
It is a serious offence under section 36 of the Firearms Act 1996 (NSW) to possess, supply, or acquire an unregistered firearm. The maximum penalty is 5 years imprisonment, which increases to 14 years if the firearm is a pistol or prohibited firearm.
Do I really need a lawyer for a minor charge like possessing a knife?
Absolutely. A charge like ‘custody of a knife in a public place’ can still lead to a criminal conviction and up to 2 years in prison. An experienced criminal lawyer can explore defences like having a ‘reasonable excuse’ and fight to have the charge dismissed, protecting your record.
Are there defences to firearms and weapons charges?
Yes. Several legal defences may apply to your case. These include arguing self-defence, duress (being forced or threatened), necessity (acting to prevent a greater harm), or that you had a lawful purpose or reasonable excuse for possessing the item. Our lawyers will thoroughly assess your case to identify the strongest possible defence.
How can a lawyer help me beat a weapons charge?
The prosecution must prove every element of the offence beyond a reasonable doubt. The expert lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will meticulously analyse all evidence, from the legality of the police search to whether the item legally constitutes a weapon, to dismantle the prosecution’s case and fight for a ‘not guilty’ verdict.
What is a Firearms Prohibition Order (FPO)?
An FPO is an order made by the Police Commissioner that prohibits a person from acquiring, possessing, or using any firearms, firearm parts, or ammunition. If you are subject to an FPO, police have broad powers to search you, your vehicle, and your home without a warrant. Breaching an FPO carries severe penalties.
Is it possible to be found guilty but avoid a criminal conviction?
Yes. This is a key focus of our defence strategy. We have a proven track record of persuading the court to grant a Section 10 dismissal or a Conditional Release Order. This means that even if you are found guilty, no conviction is recorded, saving your criminal record.
What is the difference between having my case in the Local Court vs the District Court?
The court location depends on the seriousness of the charge. The Local Court has lower maximum penalties (generally up to 2 years imprisonment). The District Court hears more serious matters and can impose much lengthier prison sentences, up to 14 or even 20 years for some firearms offences. Keeping your case in the Local Court is a critical strategic goal.
What if I didn't know the weapon was illegal?
In some specific situations, the defence of ‘honest and reasonable mistake of fact’ may be available. This involves arguing that you held a genuine belief in a set of facts that, if they were true, would mean your actions were not illegal. This is a complex legal argument that requires the expertise of a specialist criminal lawyer.
What are the laws about storing my firearms safely?
The law requires you to take all reasonable precautions to ensure your firearms are stored securely to prevent loss, theft, or access by unauthorised people. The specific requirements for safes and ammunition storage vary depending on the licence category (A, B, C, D, or H). Failing to comply is an offence with penalties including imprisonment.
Why should I choose a specialist weapons offence lawyer?
Firearms and weapons law is a highly complex and technical area of criminal law. A specialist lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers brings an in-depth understanding of the Firearms Act 1996 (NSW), the Weapons Prohibition Act 1998 (NSW), and proven court strategies. This expertise is your best weapon in achieving a successful outcome.
What happens during my free Strategy Session with your firm?
Your free Strategy Sesssion consultation is a confidential meeting with a senior criminal lawyer. We will listen to your side of the story, explain the charges against you, discuss potential penalties, outline your legal options and possible defences, and provide a clear strategy for moving forward.
Can you help if my firearms licence has been revoked?
Yes. Decisions made by the Firearms Registry to refuse or revoke a licence can often be reviewed. We can assist you in preparing and lodging an application for review with the NSW Civil & Administrative Tribunal (NCAT) to fight to have your licence reinstated.
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