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Unauthorised Possession of Firearms or Prohibited Firearms in Aggravated Circumstances

Your options:

Plead not guilty:

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

  1. You were in possession of more than 3 firearms.
  2. The firearms were not registered.
  3. You were not authorised by a licence or permit to possess the firearms.

In some instances the police may allege a more serious offence, consisting of the above elements as well as the following additional element:

  1. Any one of the firearms was a prohibited firearm.

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

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

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 Unauthorised possession of firearms in aggravated circumstances carries a maximum penalty of 2 years imprisonment in the Local Court and a maximum penalty of 10 years imprisonment in the District Court. The offence of Unauthorised possession of prohibited firearms in aggravated circumstances carries a maximum penalty of 20 years imprisonment and must be heard in the District Court.

Unauthorised possession of firearms or prohibited firearms in aggravated circumstances are considered to be extremely serious offences. We advise that you contact one of our solicitors immediately if you are charged with either of these offences.

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