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Possession of an Unregistered Firearm

Your options:

Plead not guilty:

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You possessed an unregistered firearm in a public place;
  2. You were not authorised under the Firearms Act 1996 to possess the firearm.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

Where it is alleged the offence was committed in circumstances of aggravation, the police must prove beyond reasonable doubt that the offence involved possession of:

  1. More than one firearm; or
  2. An unregistered firearm that is a pistol; or
  3. An unregistered firearm that is a prohibited firearm.

If the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the aggravated offence.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty:

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

The offence of Possession of an unregistered firearm carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court. The offence of Aggravated possession of an unregistered firearm carries a maximum penalty of 14 years imprisonment in the District Court. Possession of an unregistered firearm, aggravated or otherwise is considered an extremely serious offence. We advise that you contact one of our solicitors immediately if you are charged with this offence.

Generally, penalties that a court can impose for any criminal offence in NSW are: