Possess prohibited firearm

THINGS YOU NEED TO KNOW:

1. Possess prohibited firearm is a serious indictable offence under Section 7 of the Firearms Act 1996 (NSW).
2. A number of defences against a conviction of Possess prohibited firearm are available.
3. The maximum penalty available to the Court for the criminal offence of Possess prohibited firearm is a term of imprisonment of 14 years.
4. Possess prohibited firearm matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Possess prohibited firearm.

The criminal offence of Possess prohibited firearm can have serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF POSSESS PROHIBITED FIREARM?

Section 7 of the Firearms Act 1996 (NSW) constitutes it a criminal offence for a person to possess a prohibited firearm unless the person is authorised to do so by a licence or permit.

Furthermore, a person who holds a licence to possess a firearms is guilty of the criminal offence of Possess prohibited firearm if the person contravenes any condition of the licence.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF POSSESS PROHIBITED FIREARM?

Section 7 of the Firearms Act 1996 (NSW) prescribes a maximum penalty of 14 years imprisonment for anyone convicted of the criminal offence of Possess prohibited firearm.

Other penalties available for a conviction of the criminal offence of Possess prohibited firearm include a Suspended Sentence, Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Good Behaviour Bond. The Court may also order a Section 10 Dismissal with No Conviction Recorded.

WHAT IS A PROHIBITED FIREARM?

To best understand the criminal offence of Possess prohibited firearm, it is important to know what constitutes a prohibited firearm.

Section 4 of the Firearms Act 1996 (NSW) defines a prohibited firearm as meaning a gun, or other weapon, that is (or at any time was) 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.

WHAT CLASSIFIES AS POSSESSION?

Section 4A of the Firearms Act 1996 (NSW) states that a firearm is taken to be in the possession of a person so long as it is in or on any premises owned, leased or occupied by, or in the care, control or management of, the person, unless the court is satisfied that:

• The firearm was placed in or on, or brought into or on to, the premises by or on behalf of a person who was lawfully authorised by or under this Act to possess the firearm, or
• The person did not know and could not reasonably be expected to have known that the firearm was in or on the premises, or
• On the evidence before it, the person was not in possession of the firearm.

Premises means any place, vehicle, vessel or aircraft.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Possess prohibited firearm charge if the prosecution cannot prove beyond reasonable doubt that you committed any of the following:

• Possessed a prohibited firearm without the authorisation of a licence or permit.
• Held a licence and contravened any condition of the licence.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF POSSESS PROHIBITED FIREARM?

Duress: You may defend a Possess prohibited firearm charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of Possess prohibited firearm in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Did not possess the firearm: That you did not possess the firearm as alleged by the prosecution.

Not a Prohibited Firearm: That the firearm you are alleged to have possessed does not fall within the definition of a prohibited firearm.

Authority to possess: That you were authorised by virtue of a licence or permit to possess the firearm.

No Knowledge: That you did not know and could not reasonably be expected to have known that the firearm was in or on the premises.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF POSSESS PROHIBITED FIREARM?

Examples of actions that may constitute the criminal offence of Possess prohibited firearm include, but are not limited to:

• You possessed a prohibited firearm in your house, without have a licence or permit to do so.
• You have a licence to possess a prohibited firearm and possessed the prohibited firearm in your car, but contravened a condition of the firearm licence.
• You hold onto a firearm for a friend who has a permit to possess it, but you don’t have a licence or permit of your own.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF POSSESS PROHIBITED FIREARM?

If you are convicted of the criminal offence of Possess prohibited firearm, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including any aggravating factors
• Criminal history, particularly involving firearm offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE POSSESS PROHIBITED FIREARM OFFENCES HEARD IN?

The criminal offence of Possess prohibited firearm is heard in the Local Court and District Court.

If the matter is finalised in the Local Court, the maximum penalty available is a maximum term of 2 years imprisonment.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Possess prohibited firearm offences in the Local Court and District Court.

CAN I GET BAIL FOR POSSESS PROHIBITED FIREARM CHARGE?

Yes, you may be granted bail on a charge of Possess prohibited firearm. Our specialised criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who were charged with serious criminal offences, including Possess prohibited firearm.

WHAT ARE YOUR OPTIONS?

When facing a Possess prohibited firearm charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT CRIMINAL LAWYERS GROUP NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.