Charged with a Firearms or Weapons Offence in NSW: What Happens Next

A firearms or weapons charge can arrive after something that felt routine: a licence that lapsed, a rifle left at a relative’s property, a knife in the glovebox, a police search that turned up something you didn’t know was there. What matters now is which offence you’re charged with, which court will deal with it, and how the court is likely to approach a type of offending it treats as serious. This guide explains the main charges, the penalties, the recent changes to NSW firearms law and the options open to you.

In NSW, firearms offences are charged mainly under the Firearms Act 1996 and the Weapons Prohibition Act 1998. Possessing or using a firearm without a licence carries up to 5 years’ imprisonment, rising to 14 years for a pistol or prohibited firearm. Most possession charges start in the Local Court, but serious matters can go to the District Court.

Key Takeaways

• The charge decides the stakes. An unlicensed rifle (up to 5 years), a pistol or prohibited firearm (up to 14 years) and a stockpile of unregistered firearms (up to 10 or 20 years) are very different matters.
• Courts take these offences seriously. General deterrence carries substantial weight, so a sentence of imprisonment is a real possibility even where there’s no criminal intent.
• Knife charges are often weapons matters too. Having a knife in a public place or school without a reasonable excuse carries up to 4 years’ imprisonment, and wanding powers mean police can now scan people in declared areas.
• The licensing rules changed in 2025–26. Firearm limits on licences started on 24 December 2025, and shorter licence terms started on 1 July 2026.
• Early advice matters. What you say to police, whether you challenge a search and how you plead can shape the outcome, so get advice before you make decisions.

The Main Firearms and Weapons Charges in NSW

Most charges fall into a handful of offences. The table sets out the main ones. Penalties are maximums, and most outcomes are well below them.

Most of the licence and possession offences (ss 7, 7A and 36 of the Firearms Act, and s 7 of the Weapons Prohibition Act) are dealt with in the Local Court unless the prosecutor elects to take them to a higher court. In the Local Court, the sentence is limited to two years’ imprisonment for a single offence. Where the matter is dealt with summarily, the standard non-parole periods (such as four years for s 7 of the Firearms Act) don’t apply.

You can read more about the offences themselves on our firearms and weapons offences page, or go straight to the charge you’ve been given:

• Unauthorised possession of firearms
• Possession or use of an unauthorised or prohibited firearm or pistol
• Unregistered firearms and possession of an unregistered firearm
• Firing at a dwelling-house or building
• Causing danger with a firearm

For a short overview of how the penalties compare, see our guide to the penalty for possession of a firearm.

What counts as a “firearm”?

The definition is wider than many people expect. Under the Firearms Act, a firearm is a gun or other weapon that is, or was, capable of firing a projectile by explosive means. It includes blank-fire firearms and air guns, though not paintball markers. Items that substantially duplicate a firearm’s appearance can be treated as imitation firearms, other than children’s toys. “Possession” is also broad. It can include having custody of a firearm, another person having custody of it, or the firearm being in or on a place or vehicle you control.

That breadth is one reason many charges turn on the detail, such as who had control of a home or car, and whether the item was really a firearm.

Knife Charges and Police Wanding

Knives are the most common weapons charge for people who never thought of themselves as carrying a weapon.

Custody of a knife in a public place or school. Under section 93IB of the Crimes Act 1900, it’s an offence to have custody of a knife in a public place or school without a reasonable excuse. The maximum penalty is 4 years’ imprisonment, a fine of 40 penalty units ($4,400), or both. See our page on custody of a knife in a public place.

Recognised reasonable excuses include using the knife for work, study or training, preparing food, lawful recreation such as camping or fishing, genuine religious or cultural purposes, wearing an official uniform, and travelling to or from those activities. You carry the burden of showing the excuse on the balance of probabilities. Self-defence, or defence of another person, is not a reasonable excuse. Our guide on when it’s legal to carry a knife goes through the practical situations.

Wanding. Since 9 December 2024, senior police can authorise wanding in declared areas such as public transport stations, shopping precincts, sporting venues and night-time economy precincts. Police can then use handheld scanners to stop and scan people without a warrant. A declaration lasts up to 12 hours and can be extended if the criteria are still met. A scan that finds a knife or other weapon is a common way these charges begin.

Some bladed weapons, such as certain swords and machetes, may be prohibited weapons under the Weapons Prohibition Act, which is a more serious charge than carrying an ordinary knife. If you’ve been charged with a weapon other than a standard knife, check which category it falls into early, because the penalty and the court differ.

What Changed in NSW Firearms Law in 2025–26

Parliament passed the Terrorism and Other Legislation Amendment Act 2025, which changed how firearms are licensed. Based on the NSW Police summary, the changes so far are:

• 24 December 2025: limits on how many firearms a licensee can hold. The general limit is 4 firearms, rising to 10 for licensees with certain genuine reasons such as primary production, sport or target shooting, or vermin control. Dealers and collectors have no limit. External appeals to the NSW Civil and Administrative Tribunal (NCAT) were removed for firearms decisions other than Firearm Prohibition Orders, though internal review remains.
• 1 July 2026: new licences can be issued for a maximum of 2 years instead of 5. A permit to acquire can’t be issued unless the applicant meets safe storage requirements and passes new identity and terrorism-related checks. Renewals require evidence of a genuine reason to hold a licence.
• Later phases: further reforms will be proclaimed at later dates.

These changes are about licensing rather than new offences, but they matter in practice. Shorter licence terms mean renewals fall due more often, so a lapsed licence is an easier mistake to make. And with NCAT appeals removed for most licensing decisions, challenging a refused or cancelled licence is harder than it used to be. If a licence has been suspended, refused or revoked, ask for advice about the deadlines for internal review as soon as you receive the notice.

What Happens After You’re Charged

1. Police contact. You might be arrested, or given a court attendance notice after a search. You’re not obliged to answer police questions beyond giving your details, and you can ask for a lawyer before any interview.
2. Bail. For some firearms and weapons charges, bail can be harder to obtain, particularly for serious charges. Read our guide to the new Bail Act and our bail application page.
3. First court date. Your first appearance is usually a mention. See what happens at a Local Court mention.
4. The police brief. Your lawyer reviews the evidence, including how the search was done and what was found where.
5. Plea or hearing. You’ll decide whether to plead guilty or contest the charge, with advice. Where the prosecutor elects, or the charge is serious, the matter can move to the District Court.

Do not make the situation worse

• Don’t discard, move or hand over firearms or weapons yourself without advice.
• Don’t discuss the matter online or with people who may be witnesses.
• Keep your licence, permit and registration papers together, along with any correspondence from NSW Police about your licence.

What the Court Considers When Sentencing

The courts have repeatedly said firearm possession is a privilege that depends on public safety, and that sentences for these offences need to deter others. In practice that means:

• General deterrence carries substantial weight, even where the offender had no criminal intention.
• Self-protection is rarely mitigating. Courts have said that keeping a prohibited firearm for protection is generally of little, if any, mitigating weight.
• Good character still counts. A court can’t give it less weight because of the type of offence.
• The type and number of firearms matter. A shortened or concealable firearm, a pistol, a loaded weapon or a stockpile is treated as more serious than a single, stored, unloaded rifle.
• Context matters. Whether the firearm was stored safely, connected to other offending, or linked to a criminal group is central.

For a first offence involving a licensing lapse or an old, stored firearm, outcomes can be very different to a charge involving a pistol or a loaded weapon in public.

Possible Outcomes

Depending on the charge, outcomes range from a dismissal or a good behaviour outcome to imprisonment. The options include:

• Section 10 (no conviction). Rare for firearms charges, but available in principle for lower-level matters. See Section 10 bonds and dismissals and our guide to how to avoid a criminal conviction.
• A community corrections order. Read our guide to community corrections orders.
• A fine. See our page on fines.
• An intensive correction order, served in the community. See intensive correction orders.
• Imprisonment. See prison sentences.

Whatever the result, a firearms conviction usually affects your licence. A conviction for a firearms offence can lead to licence refusal or cancellation, and can affect work in security, hunting, farming or other occupations that depend on having a licence. Get advice on those consequences before you plead.

Possible Defences and Challenges

Whether any of these apply depends entirely on your evidence:

• Lawful authority. You held a valid licence or permit that covered the firearm and the circumstances.
• Possession and knowledge. The prosecution must prove you had custody or control. A firearm found in a shared home or vehicle doesn’t automatically belong to you.
• It wasn’t a “firearm” or prohibited weapon. The item may fall outside the legal definition, or into a different category than charged.
• An unlawful search. If police didn’t have the power to search, the evidence may be challenged. Related reading: unlawful searches in drug matters explains the same principles.
• Self-defence, duress or necessity. These are narrow. Once raised, the prosecution must disprove them beyond reasonable doubt.

These are fact-specific, and a lawyer can assess them once the police brief is served.

Do You Need a Firearms Lawyer?

Yes, in almost every case. A firearms or weapons conviction can end a licence, a job and a way of life, and the sentencing approach is stricter than many people expect. A firearms lawyer can:

• review the search and the evidence of possession
• advise on whether to plead or contest
• negotiate the charge or the facts with police and prosecutors
• prepare references, licensing evidence and material for sentencing
• act in any licence review or Firearm Prohibition Order matter

Our firearms lawyers act for people charged with firearms and weapons offences across Sydney and NSW. If you’re searching for a weapons offence lawyer, the sooner you call the more options you’ll have.

Two Illustrative Examples

These are illustrative examples, not real clients. Outcomes depend on individual circumstances and are never guaranteed.

A licence that lapsed. Graham is 54 and farms in the Central West. His licence expired a few weeks earlier, and he’d meant to renew it. During an unrelated police visit, officers find his rifle in a locked safe at home, and he’s charged with possessing a firearm without a licence. The firearm is properly stored and registered, and he has held a licence for decades. The questions are whether the charge can be dealt with at the lower end, what his record and storage history show, and how a conviction would affect his licence and work. Early preparation, including evidence of the renewal paperwork, is what a lawyer would focus on.

A knife in the car. Jordan is 23 and works as a landscaper. A scan at a train station finds a folding knife in his bag, which he says he uses on jobs and forgot to take out. He’s charged with having custody of a knife in a public place. The central issue is whether his work use is a reasonable excuse and whether he can prove it on the balance of probabilities, with employer evidence and records of his work. Where the excuse can’t be made out, the focus moves to sentencing.

Frequently Asked Questions

What is the penalty for possessing a firearm without a licence in NSW?

The maximum penalty for possessing or using a firearm without a licence or permit is 5 years’ imprisonment under section 7A of the Firearms Act 1996. For a pistol or prohibited firearm it’s 14 years under section 7. Most possession charges are dealt with in the Local Court, where the sentencing limit is two years’ imprisonment for a single offence, and actual sentences are usually well below the maximum.

Will I go to jail for a firearms offence?

It depends on the type of firearm, the circumstances and your record. Courts treat firearms offences seriously and give weight to deterring others, so imprisonment is a real possibility. For a first offence involving a stored, registered long-arm and a lapsed licence, non-custodial outcomes are more realistic than for a pistol, a loaded firearm or multiple unregistered firearms.

Can I get a Section 10 for a firearms charge?

It’s possible in principle for lower-level matters, but it’s uncommon. Section 10 lets a court find the offence proved without recording a conviction. For firearms, courts weigh general deterrence heavily, so a Section 10 is more likely only where the circumstances are genuinely minor and you can show strong mitigating factors.

What’s the penalty for carrying a knife in NSW?

Having custody of a knife in a public place or school without a reasonable excuse carries up to 4 years’ imprisonment, a fine of up to 40 penalty units ($4,400), or both, under section 93IB of the Crimes Act 1900. Using it for work, food preparation, lawful recreation or a genuine religious purpose can be a reasonable excuse, but self-defence is not.

Did the NSW firearms laws change in 2026?

Yes. Limits on the number of firearms a licensee can hold started on 24 December 2025, and from 1 July 2026 new licences are issued for a maximum of 2 years, with safe storage, identity and terrorism-related checks for permits to acquire. These are licensing changes. Further phases are still to be proclaimed, so check the current position with a lawyer.

Can I appeal if my firearms licence is refused or cancelled?

Internal review is available. External appeals to NCAT were removed for most firearms decisions from 24 December 2025, other than Firearm Prohibition Orders, so the review steps and deadlines matter. Get advice as soon as you receive the notice.

Talk to Us About Your Charge

If you’ve been charged with a firearms or weapons offence, or have received a notice about your licence, get advice before you speak to police or decide how to plead. Call LY Lawyers on 1300 595 299 for a free consultation, available 24/7, or contact us online.

This article is general information only and is not legal advice. The law changes, and this article is current as at 19 October 2026.