Firearm charges in New South Wales are treated with exceptional seriousness. Even technical breaches of licensing or storage laws can result in criminal convictions, heavy fines and imprisonment.
At ADADA Legal, we provide strategic, results-focused defence representation for individuals charged with firearm and weapon offences across NSW. Firearm offences are primarily governed by the Firearms Act 1996 (NSW), the Crimes Act 1900 (NSW) and the Weapons Prohibition Act 1998 (NSW). Below is a comprehensive breakdown of the different types of firearm offences in NSW.
It is an offence to:
Possess a firearm
Carry a firearm
Use a firearm
Have a firearm in your custody or control
…without holding a valid firearms licence or permit.
This includes situations where a firearm is found in your vehicle, home, or bag.
Maximum penalty: Up to 5 years imprisonment (higher in District Court).
All firearms must be registered with the NSW Firearms Registry. Even if you hold a valid licence, possessing an unregistered firearm is a separate offence.
Penalties depend on firearm category:
Category A or B firearms – significant fines or imprisonment
Prohibited firearms – substantially higher penalties
This offence applies where a person:
Possesses three or more firearms, and
At least one is unregistered or prohibited
This is treated as a serious criminal offence.
Maximum penalty: Up to 20 years imprisonment.
Certain firearms are classified as prohibited (e.g., automatic firearms, certain military-style weapons). Possession without specific authorisation carries severe penalties.These offences are prosecuted strictly due to public safety concerns.
It is illegal to shorten a firearm barrel or modify a firearm in a way that makes it more concealable or dangerous.
Maximum penalty: Up to 10 years imprisonment.
It is an offence to manufacture, assemble, or modify a firearm without proper authority.This includes:
Homemade firearms
3D-printed firearm components
Illegally assembled weapons
It is an offence to sell, supply, transfer or distribute firearms without proper authority.
Penalties increase where:
Multiple firearms are involved
Prohibited firearms are supplied
The supply occurs in connection with organised crime
Firearm owners must comply with strict storage requirements, including:
Locked safes
Ammunition stored separately
Secure bolting requirements
Failure to comply can result in:
Criminal charges
Immediate licence suspension
Firearm seizure
Even technical non-compliance can lead to prosecution.
Firearms must be transported:
Unloaded
In a locked container
For a lawful purpose
Failure to comply may lead to charges.
Under the Crimes Act 1900 (NSW), it is an offence to use a firearm in a manner that is:
Dangerous to others
Reckless as to safety
This can apply even if no one is injured.
Discharging a firearm at a:
House
Building
Vehicle
Aircraft
Is a serious indictable offence.
Penalties can include lengthy imprisonment.
Possessing a firearm with intent to commit another serious offence (e.g., robbery) carries substantial penalties under the Crimes Act.
It is an offence to possess ammunition without holding a valid licence for the relevant firearm.
Offences include:
Failing to notify change of address
Providing false information in licence applications
Breaching licence conditions
Possessing firearms after licence suspension
These can lead to criminal charges and long-term disqualification.
Under the Weapons Prohibition Act 1998 (NSW), prohibited weapons include:
Flick knives
Knuckle dusters
Tasers
Certain batons
Military-style weapons
Possession without a permit is a criminal offence.
Where firearm possession or supply is connected to criminal groups, penalties may increase significantly.
Penalties vary depending on:
Type of firearm
Number of firearms
Criminal history
Whether aggravating factors exist
Possible penalties include:
Section 10 dismissal (no conviction)
Community Correction Orders
Intensive Correction Orders
Significant fines
Full-time imprisonment (up to 20+ years in the most serious cases)
Convictions may also result in:
Permanent loss of firearms licence
Forfeiture of firearms
Restrictions on future applications
Possible legal defences may include:
Lawful authority
Lack of possession or control
Honest and reasonable mistake
Procedural errors in police search or seizure
Invalid search warrants
At ADADA Legal, we carefully examine:
Search warrant validity
Chain of custody of seized firearms
Licensing status
Forensic evidence
Early legal intervention is crucial in firearm cases.
Possession includes having custody or control over a firearm, even if it does not belong to you. This can include firearms found in your home or vehicle.
Yes. While many storage offences result in fines, courts can impose imprisonment depending on seriousness and risk factors.
You must not possess firearms once your licence expires. Failure to surrender or lawfully transfer them can result in criminal charges.
Some air guns and similar devices fall within firearm definitions under NSW law. Classification depends on power and design.
Police generally require a warrant, though exceptions apply in certain urgent circumstances. Improper searches may be legally challengeable.
Charges often trigger immediate suspension. A conviction can result in cancellation and long-term disqualification.
Firearm charges are complex and carry life-altering consequences. Whether you are facing allegations of unauthorised possession, prohibited firearms, storage breaches or serious aggravated firearm offences, ADADA Legal provides skilled, strategic and discreet representation.
Contact ADADA Legal today for confidential advice and strong defence in firearm offence matters across NSW.
Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation.
If you’re facing criminal or traffic charges, early advice can make a critical difference. Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation. Complete the form and our team will be in touch promptly to discuss how we can help.
Suite 207/30 Campbell Street, Blacktown, NSW 2148
0451 444 446
info@adadalegal.com.au
