What is the penalty for possession of a firearm?

What is the penalty for possession of a firearm?

The illegal or unauthorised possession of firearms in NSW is considered are considered as very serious offences, often carrying terms of full-time imprisonment upon conviction.

The illegal possession, supply and manufacturing of firearms is contained in the Firearms Act NSW 1996.

Some of these offences are listed below:

Possession of Prohibited Firearm or Pistol

Section 7 of the Firearms Act states:

A person must not possess or use a prohibited firearm or pistol unless the person is authorised to do so by a licence or permit.

The maximum penalty for possess or use unauthorised prohibited firearm or pistol is 14 years imprisonment.

Unauthorised Possession of Firearms

Section 7A of the Firearms Act states:

A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.

The maximum penalty for a unauthorised possession of firearm is 5 years imprisonment.

Unregistered Firearms

Section 36 of the Firearms Act states:

A person must not sell, purchase, possess or use a firearm that is not registered.

The maximum penalty for a “unregistered firearms” charge is 10 years imprisonment if the firearm is a prohibited firearm or pistol, or 5 years imprisonment in any other case.

What if the firearm was just a replica, and not a “real gun”?

The Firearms Act treats the possession and supply of imitation firearms as they were “real firearms”, capable of firing a projectile. This is because quite often, a “replica” firearm is capable of instilling fear and very often used in the commission of violent offences.

However, a toy gun is not considered as a firearm!

What is the penalty for possession of a firearm if it is my first offence?

Despite the illegal possession of firearms being considered as extremely serious by NSW courts, it is often possible for the offender to be dealt with by way of a Section 10, without conviction. The statistics state that 20% of first offenders who plead guilty and are dealt with in the local court, are sentencing to a Section 10. If it is your first offence, your prospects of not being sentenced to full time imprisonment are good.

For more information on Section 10, and to see case studies where we have represented others, go to:

https://lylawyers.com.au/criminal-law/section-10/

For more information on penalties in general, and for case studies on different kinds of penalties, go to:

https://lylawyers.com.au/criminal-law/penalties/

For more information on firearms offences in general, go to:

https://lylawyers.com.au/criminal-law/criminal-offence/firearms-offences-weapons-offences/

If you have been charged with any firearm offence it is very important that you contact a Criminal Defence Lawyer immediately.

Call LY Lawyers on 1300 595 299 for a free consultation.