Firearms And Weapons Offences
Firearms and Weapons Offences are serious in nature
Secure the strong legal defence you deserve
Some Firearms and Weapons Offences include:
- Unauthorised Possession of Use of Firearms – s7A Firearms Act
- Unauthorised Possession of Use of Prohibited Firearms – s7 Firearms Act
- Firing at Dwelling Houses or Buildings – s93GA Crimes Act
- Unregistered Firearms – s36 Firearms Act
- Possess Unregistered Firearms in Public Place s93I(1) Crimes Act
- Safe Keeping of Firearms – s39, 40 and 41 Firearms Act
- Custody of a Knife in a Public Place
- Possession of a Prohibited Weapon
Speak to our Criminal Lawyers today to discuss your Firearms or Weapons Offence. We have offices located across Sydney, Parramatta and Blacktown and will be able to assist you immediately with your criminal case.
THE LAW: GUILTY OR NOT GUILTY?
GUILTY:
In order to be found guilty of possession of unregistered firearms, the prosecution will have to prove the following beyond a reasonable doubt:
- That you supplied, purchased, possessed or used a firearm; and
- The firearm in question is unregistered
The prosecution may also have to establish the particular firearm in question, as pistols and prohibited firearms warrant much more significant penalties. Furthermore, they must establish the following facts in order for you to be convicted with the possession of unregistered firearms in a public place:
- You possessed the firearm in a public place; and/or
- You had more than 1 unregistered firearm
If the prosecution is able to successfully prosecute for these offences the matter will then proceed to sentence.
NOT GUILTY:
If you do not agree with the firearms charge, then you would plead not guilty. Our criminal lawyers will guide you through a defended hearing for your firearms case. The police will be required to service a brief of evidence upon you. This will include all the evidence the prosecution will likely intend to rely upon in your prosecution. As your criminal defence lawyer, our job is to go through that material very carefully to consider the evidence against you and whether there are any holes in the case to assist in your defence.
HOW TO BEAT A FIREARMS CHARGE?
In order to beat the allegations made against you in relation unauthorised possession of firearms, our expertly qualified criminal defence lawyers may argue the following legal defences.
Duress:Â Our criminal defence lawyers can successfully argue the defence of duress if it can be established that the accused participated in a criminal activity as a result of being coerced by harmful threats. These threats typically take form as threats death or grievous bodily harm.
Necessity:Â Although typically difficult to prove, the defence of necessity can be argued by our criminal defence lawyers in situations where it is found that the accused only participated in an unlawful act to avoid imminent danger by either human or natural forces.
Further, we may attack the specific elements of the charge such as that you did not have “possession” of the firearm.
Steven Mercael​
Principal Lawyer​
