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To possess or use a firearm in NSW requires a firearms licence or permit. It also requires a permit to acquire a firearm, and it requires the firearm(s) to be registered. Similarly, a permit is required to use or possess a prohibited weapon. Breaches of the firearms or prohibited weapons laws result in heavy maximum penalties under the Firearms Act 1996 (NSW) and Weapons Prohibition Act 1998 (NSW).
To get a "firearms licence", you need to have a "genuine reason". For certain firearms a "special need" is required. To get a "firearms permit", a "legitimate reason" is required, and to get a permit for a "prohibited weapons", a "genuine reason" is required.
All firearms must be registered. The NSW Police Commissioner keeps and maintains a firearms register which contains all details about the firearm, the person who it's registered with, his/her personal contact details including residential address. These details can also include the name and contact details of who supplied the firearm.
Do I Need a Firearms Licence or Permit Before Registering a Firearm? A firearm cannot be registered unless you first have a valid firearms licence or permit for it.
Also, you may not be able to register the firearm unless its first been produced to a police officer for inspection.
Holders of a category C firearms licence can register no more than 1 rifle and no more than 1 shotgun to which the licence applies.
Any changes to your personal details must be updated onto the register by contacting the NSW Police Commissioner in writing. Once the register is updated, you will be issued a notice of registration.
When applying to register a firearm, at the time of lodging the application for registration of a firearm, the applicable registration fee to register a firearm is $10.
Part 11 of the Firearms Regulations 2017 (NSW) outlines the specific fees.
The firearms register together with all its personal details of those who are registered is available to other State and Territory government firearms authorities and the National Exchange of Police Information (NEPI) scheme. This means that it's available to all police officers across Australia.
If your firearms registration gets cancelled by the Commissioner of Police, you will be issued a notice of cancellation in writing, according to section 35 Firearms Act. This can occur in any one or more of the following circumstances:
The cancellation will take effect from the date you are served with the notice of cancellation. Once it gets cancelled, police are allowed to take your firearm from you.
NSW Police firearms registry contact details:
Name: NSW Police Force Firearms Registry
Postal Address: Locked Bag 5102, Parramatta NSW 2124
Telephone: 1300 362 562 (if calling from another State (02) 6670 8590)
Email: firearmsenq@police.nsw.gov.au
Website: https://www.police.nsw.gov.au/online_services/firearms
You can apply online for a NSW firearms registry form.
The criminal penalties range from 2-years imprisonment to 14-years imprisonment, and/or a $5,500 fine for offences relating to registration of firearms. These offences include the following:
Defences: you did not know or could not reasonably be expected to have known that the firearm was unregistered provided you were not the owner if it at the time of the alleged offence.
Another defence that can apply to a licensed firearms dealer: if you acquire or possess an unregistered firearm but you have applied for registration if it within 24 hours from acquiring or taking possession of it.
You will also be not guilty of this offence if you're a resident of another State or Territory if the firearm is registered under a law of the other State or Territory.
Use or possession of a firearm in New South Wales requires a firearms licence or permit. The firearm must be registered, and you must also obtain a separate permit to be allowed to acquire a firearm, in accordance with the Firearms Act 1996 (NSW) (the Firearms Act). Penalties for firearms offences can result in conviction and imprisonment in New South Wales.
The penalty for possession of illegal firearms carries similar maximum sentences. The firearms laws prescribe penalties of up to 14 years imprisonment for possessing or using a "pistol" or "prohibited firearm" without a licence or permit under section 7 Firearms Act.
Possessing or using any other firearm without a licence or permit carries a maximum penalty of 5 years imprisonment, under section 7A Firearms Act.
These penalties also apply if you use the firearm (or pistol or prohibited firearm) for a purpose other than that established as being the genuine reason for possessing or using it while holding a valid licence or permit. The same penalties also apply if you breach any of the licence conditions. It is highly recommended to get early advice from a firearms lawyer if faced with a firearms offence.
To get a "firearms licence" in New South Wales, you must have a "genuine reason" and under some licences a "special need" to use or possess a registered firearm.
If you're unable to obtain a "firearms licence" due to failing to comply with the licence requirements or if you don't fall within the prescribed "genuine reasons", you may be entitled to a "firearms permit" if you have a "legitimate reason" for possessing or using a firearm.
The New South Wales firearms licensing scheme has created different firearms licence categories. Each licence category allows you to have and use certain types of firearms for certain types of purposes if it falls within the prescribed "genuine reasons".
Every firearm must be registered. In addition, you must also apply for and obtain a separate permit to acquire a firearm.
It is illegal to acquire a firearm without having a specific permit to acquire it. The maximum penalty for acquiring a firearm without an acquiring permit this offence is 14-years imprisonment (if the firearm is a pistol or prohibited firearm), otherwise 5-years imprisonment for any other firearm, prescribed by section 50 Firearms Act.
The same penalties apply for acquiring a firearm without having a licence or permit (to authorising you to possess one).
The same penalties also apply for giving possession of a firearm or firearm part to someone else who doesn't have the authority to possess it under a licence or permit.
A "Firearm" means a gun, or other weapon that's capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 or anything declared by the regulations not to be a firearm (s4 Firearms Act).
A "Prohibited Firearm" means a firearm described in schedule 1 Firearms Act and is outlined further into this article.
A "Pistol" means a firearm that's reasonably capable of being raised and fired by one hand and is no more than 65cm in length overall (s4 Firearms Act).
"Prohibited pistol" means a "pistol" with a calibre of more than .38inch; or a self-loading pistol with a barrel length of less than 120mm; or a revolver with a barrel length of less than 100mm; but does not include a black powder pistol (s4C Firearms Act)
A "Air gun" means a gun that can propel (or is designed to propel) a projectile by means of a spring, or by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; and is operated or designed for operation by means of a trigger or similar device (s4 Firearms Act).
A "firearms licence" can only be issued if you are aged 18-years or over, be a NSW resident or about to be one, and if have a "genuine reason" for possessing and using the firearm which must also fall within the prescribed licence categories (to reflect your purpose for the firearm). A "firearms permit" is a permit that allows you to possess and use a firearm for a purpose that a "firearms licence" doesn't. For example, a firearms permit can be issued to a minor aged under 18 (but no less than 12 years of age), or a competitive shooting overseas visitor, ammunitions collection, or for tv, movie, film or theatrical production purposes.
Examples of firearm permits includes an RSL display permit, safari tour permit, museum firearms permit, ammunitions permit or an international visitors competition permit. To be authorised to possess and use a registered firearms or ammunition in NSW you must be authorised either under a "licence" or "permit".
Here's what you must know if applying for a NSW firearms licence or permit. To get a firearms licence or permit, you must understand the NSW firearms laws. Firstly, you must apply for a licence to the Commissioner of Police with evidence to satisfy the conditions that must be met depending on the reason you need it. If applying for a firearms licence, amongst other conditions, you must demonstrate a "genuine reason", or "special reason". In the case of a firearms permit, you must show a "legitimate reason".
You must also pay the prescribed licence fee which ranges from $40 to $500. Generally, the application fee for category A, B, C, D or H licence is $100 for a 2-year period, or $200 for a 5-year period.
The applicable fee depends on the type of licence.
To get a firearms permit, the application process is basically the same. The application permit fee ranged from $30 to $500, depending on the type of permit you apply for.
To be able to apply for a firearms licence, you must be at least 18-years of age, and provide proof of your identification.
The minimum age for a person to get a firearms permit is 12-years or more.
Upon applying, you will be provided with details on requirements to undergo and complete any firearm safety training course(s) for the type of licence or permit that you've applied for. You will also be provided information on firearms storage and safety requirement. You can apply for a NSW firearms safety course online. The safety courses can be conducted by various clubs, including Tough Gear, Windsor Firearms, and Firearms Safety and Training.
Any spent convictions are taken into account and looked at by the Commissioner of Police when applying for a firearms licence in NSW.
What is a "spent conviction"? If you've ever received a criminal record (conviction) which has become "spent" after having completed a good behaviour bond non conviction (s10) or you're at the end of at least 10 consecutive years without having a conviction from the date or your last conviction (crime-free period), then it is generally no longer seen as a criminal conviction and you're not required to disclose it. This is reflected in section 10(4) Firearms Act 1996 (NSW).
Sections 11, 12 and 29 Firearms Act outlines the following summarised pre-requisite conditions that must first be satisfied in order to get a firearms licence or permit:
A firearms permit does not allow you to have or use a pistol for purposes of pest animal control or farming or grazing activities unless you can produce medical evidence of a medical condition or disability that prevents you from using a rifle or shotgun. If you are authorised to use and have a pistol due to this, then your licence to use and have a rifle or shotgun will be revoked, and you will be required to hand this into police immediately.
A firearm generally cannot be obtained or used for protection or self-defence purposes.
You must provide evidence to prove the genuine reason(s) (for licences) or legitimate reasons (for permits) by producing evidence. For example, a genuine reason for a sport or target shooting firearms licence, you must show evidence of current membership of an approved shooting club which conducts competitions requiring use of the firearm under the applied firearms licence.
Amongst the conditions you must comply with to keep a firearms licence, the following are some
of the mains conditions to comply with, according to section 19 Firearms Act:
The 7 main firearms licence categories are category A, B, C, D, H, in addition to firearms dealer licence, and firearms collectors licence.
Each firearms licence category allows certain types of firearms to be used under its licence, in addition to the purpose it can be possessed or used for (to reflect the purpose established by the licensee as being the "genuine reason" for possessing or using it according to section 8 of Division 2 of the Firearms Act).
Category A Firearms Licence: you must have a "genuine reason" to use or possess any of the following types of registered firearms under this licence:
Prohibited firearms are excluded for Category A licences.
Category B Firearms Licence: you must have a "genuine reason" and a "special need" to use or possess any of the following types of registered firearms under this licence:
Prohibited firearms are excluded for Category B Licences.
Category C Firearms Licence: you must have a "genuine reason" (for primary production on land used for primary production owned or occupied by you) and a "special need" (which can't be met by a category A or B licence) to use or possess any of the following types of registered firearms under this licence:
This licence can also apply to clay target shooting purposes under a special category C licence in limited circumstances outlined in section 17A Firearms Act.
The Category C licence excludes any self-loading shotgun of a kind that's designed or adapted for military purposes, any firearm to which there's attached any article or device capable of muffling, reducing, or stopping the noise created by firing it, or any firearm fitted with a stock that's specially designed to be readily detachable or to operate on a swivel, folding it telescope basis (not a pistol).
Category D Firearms Licence: to possess or use any of the following types of registered firearms under this licence, you must have a "genuine reason" (of vertebrate pest animal control) and a "special need" (which can't be met under a category A, B or C licence or by engaging services of a professional contract shooter:
If you have a medical condition or disability preventing you from using any of the above types of firearms, you can apply for a permit to have and use a pistol for purposes of hunting, farming or grazing activities, including the control or suppression of vermin or pest animals or fishing, or destruction of diseased or injured animals (according to clause 11(2) Firearms Regulations).
The Category D licence excludes, any self-loading centre-fire rifle of a kind that's designed or adapted for military purposes, shotgun fitted with or designed to be fitted with a drum magazine of the "Striker 12" assault shotgun type or any similar weapon, self-loading shotgun of a kind that's designed or adapted for military purposes, any firearm to which there's attached any article or device capable of muffling, reducing, or stopping the noise created by firing it, or any firearm fitted with a stock that's specially designed to be readily detachable or to operate on a swivel, folding or telescope basis (not a pistol)
The Category D licence type allows you to possess or use no more than 3 registered firearms permitted under this licence and only on the rural property specified in the licence if the genuine reason for possessing or using a firearm is of vertebrate pest animal control and:
Category H Firearms Licence NSW (Pistols): this licence allows you to possess or use a pistol (including a blank fire pistol and air pistol but not a prohibited firearm) if you have a "genuine reason" (of sport/target shooting, business or employment, or firearms collection) and you have a "special need" to possess or use it for that purpose.
A category H licence for sport or target shooting does not allow for the possession or use of a "prohibited pistol".
A category H licence allows you to possess or use an "antique revolver" (within the meaning of section 6A of Firearms Act). This does not allow you to have or use a "prohibited pistol".
A category H licence for sport, target shooting or business or employment purposes cannot be issued to you unless:
Click here for all the legal information you need to know about Imitation Firearms laws and penalties in NSW.
In order to obtain a "provisional pistol licence" for business or employment, you must:
In order to obtain a "provisional pistol licence" for business or employment purposes, you must:
Firearms Dealer NSW Licence: this licence allows you or your employees or directors who are eligible for a licence and have written authorisation by the Commissioner of Police, to possess, manufacture, convert, acquire, supply, repair, maintain or test, in the course of carrying business as a firearms dealer any firearm to which this licence applies, and only on premises specified in the licence.
This licence also allows you to possess, manufacture, acquire or supply ammunitions for those firearms as well.
You will not be allowed to have a firearms dealer licence if:
A "close associate" includes anyone who holds a relevant financial interest or is entitled to exercise any relevant power in the business, and because of that he/she is able to exercise significant influence over the conduct of the business. It also includes anyone who holds any relevant position in the business.
If you're a club armourer, the firearms dealer licence can allow you to possess, manufacture, convert, acquire, supply, repair, maintain or test in the capacity as a club armourer the firearms to which this licence applies, but only in the premises specified in the licence. This licence includes authorisation to possess, manufacture, acquire or supply ammunition for those firearms.
If you're a theatrical armourer, the firearms dealer licence can allow you to possess, use, manufacture, convert, acquire, supply, repair, maintain or test firearms (including blank cartridges for those firearms) in your capacity as a theatrical armourer. This extends to any employees who's authorised in writing by the Commissioner of Police.
Firearms Collector Licence: this licence allows you to possess the firearms to which this licence applies for purposes of firearms collection.
Post-1946 pistols and any "prohibited firearms" (except prohibited firearms permitted under a category C or D licence) are not included in this licence category.
However, a firearms collector licence to have a post-1946 pistol(s) can be obtained if you produce evidence that you've been a member of a collectors' society or club for at least one year, and you have a written stamens by an office holder of the collectors' society or club which you're a member of confirming that this type of pistol had a genuine commemorative, historical, thematic or financial value, according to section 17C Firearms Act.
The conditions a firearms collector licence must comply with are also outlined in section 20 Firearms Act.
If you have a medical condition or disability preventing you from using any of the above types of firearms under licences A, B, C, D or H, you can apply for a permit to have and use a pistol for purposes of hunting, farming or grazing activities, including the control or suppression of vermin or pest animals or fishing, or destruction of diseased or injured animals (according to clause 11(2) Firearms Regulations).
The following are "genuine reasons" to be allowed to have a firearms licence, according to the Table in section 12 Firearms Act:
There are 18 types of firearm permits each serving a different purpose that it permits the permit holder to have or use it for under Part 6 Firearms Regulations:
A firearms licence or permit is not required for purposes of possessing/having an antique firearm. An antique firearm is also not required to be registered. However, if you intend to use this type of firearm, a licence or permit is required, according to section 6A Firearms Act. This exemption does not apply to an antique revolver or firearm part of an antique revolver.
The definition or meaning of an antique firearm means any firearm manufactured before 1900 that's not capable of discharging breech-loaded metallic cartridges or is a firearm the ammunition for which is determined by the NSW Police Commissioner to be ammunition that's not commercially available, or if the firearm is a pistol, if the pistol isn't capable of discharging breach-loaded metallic cartridges.
An antique revolver means an antique firearm that's a percussion lock pistol equipped with a revolving cylinder.
Firearms licence or permit holders must strictly comply with the safe firearms storage NSW laws. It is illegal to fail to comply attracting maximum penalties ranging from 12 months to 2 years imprisonment and/or fines ranging from $2,200 to $5,500.
The firearms safe storage requirements include:
However, a licence or permit holder can store the firearms on premises (instead of a dwelling house) if:
The penalties for a failure to comply with this attracts up to a $5,500 fine for prohibited firearm or pistol, and up to $2,200 fine for any other firearm.
Other consequences if you fail to comply with safe storage requirements include:
When transporting a prohibited firearm or pistol (other than being engaged in the transportation of goods) you must comply with the following safety requirements, according to clause 148 Firearms Regulations:
The above safety requirements when transporting does not apply to you if you're a primary producer, an employee or contractor to a primary producer, or employed by the Local Land Services, the Border Fence Maintenance Board or the department of Planning, Industry and Environment, if during the course of conveyance, there's a reasonable likelihood that the firearm will be required for purposes of killing vermin or stock.
When transporting firearms while engaged in the business of transporting goods, you must comply with the following safety requirements, according to clause 147 Firearms Regulation:
Breach of the above safety requirements when transporting firearms carries penalties of up to $5,500 fine.
Here we outline when a firearms licence or permit expires? And you must renew a firearms licence in NSW. Firearms licences are usually valid for 5 years from date of issue unless it is revoked or surrendered or ceases to be in force sooner, according to section 21(1) Firearms Act.
Category D firearms licence for purposes of vertebrate pest animal control is valid for no more than 12 months unless it is revoked or surrendered or ceases to be in force sooner.
Provisional pistol licence for business or employment and probationary pistol licences are valid for 12 months from date of issue unless sooner revoked, surrendered or otherwise ceases to be in force.
If you're applying for a firearms category licence A, B, C, D, H or a firearms collector licence (part of a composite licence), you can apply for a 2 year licence (instead of the usual 5 years). This does not apply to Category D licences for vertebrate pest animal control or probationary pistol licences.
Firearm permits are valid for 5 years from date of issue unless sooner revoked, surrendered or otherwise ceases to be in force.
Your firearms licence will be suspended if:
Your firearms licence will (and in some cases may) be revoked if:
If you're licence is to be revoked, you will receive a notice of revocation with reasons for revoking it. The licence revocation takes effect from date of being served the revocation notice or a later date specified in the notice. This does not prevent a further notice being issued cancelling the notice of revocation before the revocation takes effect.
You must immediately surrender your firearm(s) and licence to a police officer after your firearms licence gets suspended, revoked or otherwise ceases to be in force. The penalty for the failure to do this attracts up to 2-years jail and/or $5,500 fine prescribed by section 25(1) Firearms Act.
A police officer is authorised to seize any firearm(s) and licence in your possession if your firearms licence is suspended, revoked or otherwise ceases to be in force. This does not apply if your licence has expired, but your subsequent licence determination is pending while your existing licence continues to have effect.
The court can order for a seized firearm to be returned back to the owner, or be forfeited and destroyed, or the court may otherwise dispose of it in such manner it thinks fit according to section 80 Firearms Act. The court can do this either on the application of a police officer or by the person who claims to own the firearm.
If a firearm is seized due to a failure to comply with the safe storage requirements under Part 4 of the Firearms Act, then the firearm will automatically be forfeited to the Crown and may then be destroyed. This includes a firearm part of ammunition.
Similar provisions apply to prohibited weapons, however, the court may also order that it be sold, and for the owner of it to receive the proceeds of the sale, according to section 40 Weapons Prohibition Act 1998 (NSW).
You may be exempt from being required to hold a firearms licence or permit in NSW if you are an interstate resident or you're moving to NSW from another State or Territory and hold an equivalent NSW firearms licence for certain purposes outlined below.
Interstate holders of an equivalent category A, B, or H firearms licence issued by another State or Territory of Australia are not required to obtain a NSW firearms licence or permit if the purpose of it is to participate in an approved shooting competition, according to section 26(1) Firearms Act.
Interstate holders of an equivalent category C firearms licence issued by another State or Territory are not required to obtain a NSW firearms licence or permit if:
Is an interstate firearms licence recognised and valid if you move to NSW? The short answer is yes, but you must still eventually apply for and obtain a NSW firearm licence because your interstate licence will only be valid and in force for a limited period of time provided you notify the Commissioner of Police in writing according to section 27 Firearms Act.
If you're an interstate resident who holds an equivalent category A, B, C, D or H firearms licence who is permanently moving to NSW, you may notify the Commissioner of Police in writing, in which case the following applies:
A "firearms licence" is not available for protection or self-defence purposes in New South Wales, according to section 12 Firearms Act.
A firearms permit can also be refused by the Commissioner of Police on discretionary grounds if you want the firearm for self-defence or protection purposes, or for protecting property, according to clause 12(2) Firearms Regulations.
Prohibited firearms are considered amongst the most dangerous of firearms recognised under the law. Accordingly, they have more rules around them.
The following are "prohibited firearms" in NSW:
The following firearm offences attract a penalty notice fine only which means that you're not required to attend court and face a conviction if the fine is paid putting an end to the matter entirely:
Section 39(1): $550: fail to take reasonable precautions to ensure the firearms safe keeping; that it's not stolen or lost, and that it doesn't come into possession of an unauthorised person
Section 40(1): $220: fail to comply with the following Category A and B licence requirements:
Section 41(1): $550: fail to comply with the following Category C, D and H licence requirements:
Section 45: $220: fail to record firearms transactions by licensed firearms dealer.
Section 45A: $220: fail to record ammunition transactions by licensed firearms dealer.
Section 46(1): $550: failure by licensed firearms dealer to provide quarterly returns to Commissioner of Police.
Section 47(1)-(6): $550: failure to comply with the additional requirements for firearm dealers.
Section 48: $550: failure of licensed firearms dealer who displays firearms on premises to secure those firearms in manner that would reasonably prevent its removal otherwise than by dealer or dealer's employee; or failure by dealer to ensure that any such displayed firearms is under immediate supervision and control and not displayed to public unless reasonable precautions taken to prevent it from being stolen.
Section 59: $220: fail to produce firearm (and licence or permit) to police officer for inspection on after demand of a police officer at any time if you're carrying or in possession of firearm within immediate vicinity of you
Section 68: $550: fail to produce your licence or permit on demand made by police officer for inspection at least as soon as practicable (but no more than 6 hours); or fail to state your full name and usual place of residence to police if requested by police.
Section 69: $550: fail to update the Commissioner of Police as to any change of residence within 7 days after the change
Clause 13: $220: fail to notify Commissioner of Police within 14 days that your licence or permit's been lost, stolen, destroyed, defaced or mutilated.
Clause 15: $550: fail to notify Commissioner of Police within 14 days if reason for possessing firearm ceases.
Clause 16: $220: fail to notify Commissioner of Police within 14 days of any change of particulars other than address (i.e. name).
Clause 17: $550: fail to notify Commissioner of Police within 14 days of address where firearms are kept from date of acquiring firearm or any change of address.
Clause 28B: $550: fail to comply with safety and storage requirements under this clause.
Clause 30(4): $220: fail to produce evidence of permission to shoot on rural land when requested by police if not member of approved hunting club, and you have a licence for recreational hunting or vermin control.
Clause 32(2) or (3): $220: fail to produce evidence of permission to shoot on rural land when requested by police if member of approved hunting club with licence for recreational hunting or vermin control.
Clause 103: $220: fail to notify secretary or other relevant office holder of club within 14 days of any change of personal details (i.e. name or address).
Clause 120: $220: fail to notify Commissioner of Police when moving interstate.
If you wish to dispute the fine, you may court elect the penalty notice without paying the fine. You will then receive notification of your court date where you must then either plead guilty or not guilty. This option can result in either a "not guilty" verdict if you defend it, or a non-conviction penalty on sentence if you plead guilty, or it may result in more serious penalties including imprisonment, conviction and heavier fines if guilty in court.
This is why it may be a better option to simply pay the fine.
Click here for your options after receiving a penalty notice fine.
The maximum penalty of 14-years imprisonment applies to anyone who, without a permit, shortens a firearm (other than pistol), or possess a shortened firearm, or supplies or gives possession of a shortened firearm (prescribed by section 62 Firearms Act).
Clause 152 Firearms Regulation outlines what kinds of firearms are considered to have been shortened.
For smooth bore shotguns or a combination smooth bore shotgun and rifle- it will be considered shortened if:
For rifles (not being a combination smooth bore shotgun and rifle or air gun)- it will be considered shortened if:
For air guns- it will be considered shortened if:
Here is an example of a shortened firearms case.
Baxter v R [2018] NSWCCA 281 is a case where the accused pleaded guilty to supply/possession of shortened single barrel 12 Gauge shotgun.
However, the evidence was incapable of establishing that the firearm was a "prohibited firearm". There was no definition of a prohibited firearm which could sustain the conviction for this case.
Section 4 Firearms Act defines "prohibited firearms" by referring to schedule 1 of the Act. Sched 1 contains a list of firearms that are prohibited firearms.
Clause 16 of schedule 1 Firearms Act states that a "prohibited firearm" includes "any firearm which, . has dimensions less than the minimum dimension prescribed for the firearm or part by the regulations".
Clause 152 Firearms Regulation 2017 (NSW) refers to minimum dimensions of firearms. Specifically states that its purpose is to prescribe the characteristics of shortened firearms "for purposes of section 62(2) of the Act". Section 62(2) provides for the making of regulations as to the kinds of firearms that are to be considered as having been "shortened" for the purposes of this section.
A firearms prohibition order is an order prohibiting you from bearing a firearm or firearm ammunition or firearm part in NSW.
It can be issued by the Commissioner of Police under Part 7 Firearms Act.
It takes effect or commences when a police officer serves a copy of the order to you personally.
A firearms prohibition order can be revoked any time for any or no reason by the Commissioner of Police.
If the Commissioner of Police considers you to be a person not fit in the public interest to have a firearm, the Commissioner can issue you with a firearm prohibition order, under section 73(1) Firearm Act. There are no other criteria for what allows a police officer to make a firearms prohibition order against someone. This allows for any ranked police officer to issue nominate a person to be subject to this order.
If you are subject to a firearms prohibition order, you will be prohibited from acquiring, possessing or using a firearm.
This attracts a penalty of up to 5 years imprisonment for any firearm (not a pistol or prohibited firearm). If it's a pistol or prohibited firearm, the maximum penalty is 14 years jail, prescribed by section 74(1) Firearms Act.
The same maximum penalties apply if you are subject to a firearms prohibition order and you possess or acquire a firearm part.
If you acquire or possess ammunition for any firearm, the maximum penalty is 5 years imprisonment.
If you supply or give possession of a firearm or firearm part to someone you know is subject to a firearms prohibition order, the maximum penalties are:
If you supply or give possession of ammunition for a firearm to anyone you know is subject to an firearms prohibition order, the maximum penalty is 5 years imprisonment.
If you have a firearm, firearm part of ammunition for a firearm at a place you reside while subject to a firearms prohibition order, you will face a maximum penalty of 12-months imprisonment and/or $5,500 fine, unless you didn't know and could not reasonably be expected to have known that it was there or took reasonable steps to prevent it from being there.
If you are subject to a firearms prohibition order, you will face a maximum penalty of 12-months imprisonment and/or $5,500 fine if you attend the following premises (unless you have a reasonable excuse):
If you're subject to a firearms prohibition order, a police officer can search you, your vehicle or your home to determine whether you've acquired, possessed or used a firearm, firearm part or ammunition, under section 74A Firearms Act.
In order to do this, the police can:
Police can do this for purposes of searching for any firearms, parts of firearms or ammunition.
This can only be done by police if the officer considers it is "reasonably required" to check whether you have breached the firearm prohibition orders of acquiring, possessing or using a firearm.
There's no definition of what "reasonably required" means. There is therefore no need for a search warrant or a reasonable suspicion test to exercise search and detain powers.
The search and detain powers given to police against people subject to a firearms prohibition orders have been labelled as "extraordinary".
The Ombudsman keeps a close eye on police who exercise their search powers against those subject to firearms prohibition orders. This means that the Ombudsman has power to require the Commissioner of Police to provide information about their use of these search powers. This is required to take place for two years from the commencement of these powers before a report will be produced by the Ombudsman.
The report may result in changes to the police powers by imposing more restrictions on the police in using these powers.
Having or using a firearm without a licence or permit is a very serious criminal offence in NSW reflected not only in the maximum penalties applicable, but also reflected in the standard non-parole periods they apply ranging from 4-10 years standard non-parole period. Courts therefore take these firearm offences very seriously which is usually reflected in the sentences that ordinarily get imposed for firearm offences.
The standard non-parole period represents a guide to the sentencing Judge as to the minimum period of in-jail time that applies before being eligible for release on parole if the firearm offence determined by the Judge to fall in the middle of the range of objective seriousness for like offences.
A 4 year non-parole period applies to the unauthorised use or possession of a firearm.
A 10 year standard non-parole period applies to the unauthorised sale of a prohibited firearm or pistol. The same standard non-parole period applies for the unauthorised sale of firearms on an ongoing basis, or for the unauthorised possession of more than three firearms any one of which is a prohibited firearm or pistol.
Any person who illegally possesses a firearm in NSW will be exempt from the firearms restrictions and penalties if that person attends a police station or participating firearms dealer to surrender the firearm in, according to clause 138 Firearms Regulations 2017 (NSW). This does not apply to you if you are subject to a firearms or weapons prohibition order, an AVO or interim AVO.
The same amnesty exemption applies to participating dealers supplying or registering the surrendered firearm.
It is illegal to acquire, supply, use or have a spear gun in your possession if you are under the age of 14-years-old. Penalties of up to $1,100 fines apply prescribed, according to clause 153 Firearms Regulation. This does not apply if you have a spear gun in your possession or use a spear gun if you're aged 12 or more but less than 14-years of age, provided you are doing this while under direct supervision of someone over the age of 18-years of age.
It is also illegal attracting a maximum penalty of $2,200 fine if you supply a spear gun to a person under the age of 14-years.
Spear gun means a spear gun having an overall length of at least 45cm (being the length of the spear gun when it's not loaded with a spear) according to the Firearms Regulation.
A spear gun is a prohibited weapon just like OC sprays, pepper sprays, and laser pointers according to schedule 1 of the Weapons Prohibition Act 1998 (NSW). Accordingly it is illegal to have or use a spear gun in NSW unless you hold an authorised permit. Having or using a spear gun without a permit attracts up to 14-years imprisonment in NSW.
Click here for more on Prohibited Weapons laws in NSW.
Click here for firearms and weapons laws in other States and Territories of Australia
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