Unregistered Firearms
Under Section 36 of the Firearms Act 1996 (NSW), it is an offence to possess, use, or acquire a firearm that is not registered in accordance with the Act.
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UNREGISTERED FIREARMS – SECTION 36 FIREARMS ACT 1996 (NSW)
CHARGED WITH POSSESSING OR USING AN UNREGISTERED FIREARM? HERE’S WHAT YOU NEED TO KNOW.
WHAT IS AN UNREGISTERED FIREARM OFFENCE?
Under Section 36 of the Firearms Act 1996 (NSW), it is an offence to possess, use, or acquire a firearm that is not registered in accordance with the Act.
This applies even if the firearm is otherwise lawfully owned or you hold a firearm licence – the firearm itself must be registered to the individual possessing or using it.
WHAT DOES THE LAW SAY – SECTION 36 FIREARMS ACT?
A person must not possess, use, or acquire a firearm that is not registered, unless the person is authorised by a permit or the firearm is exempt from registration.
This offence is considered strict liability, meaning it does not require intent – the act of possession or use alone can be enough to establish the offence.
PENALTIES FOR UNREGISTERED FIREARMS
The maximum penalties vary depending on the type of firearm and circumstances:
- General unregistered firearm:
Up to 5 years imprisonment and/or 50 penalty units - Prohibited firearm (Schedule 1):
Up to 14 years imprisonment
Penalties may also include:
- Firearms prohibition orders
- Loss of firearms licence
- Seizure and destruction of weapons
- Criminal conviction recorded
⚠️ Possessing or using an unregistered prohibited firearm carries far heavier penalties.
WHAT MUST THE PROSECUTION PROVE?
To convict you under Section 36, the prosecution must prove beyond reasonable doubt that:
- You possessed, used, or acquired a firearm
- The firearm was not registered under the Firearms Act
- You were not authorised by a permit or exemption
No proof of intent is required — lack of knowledge that the firearm was unregistered may not be a defence.
DEFENCES TO UNREGISTERED FIREARM CHARGES
Possible legal defences include:
- You were not in possession of the firearm
- The firearm was registered at the time
- You had a reasonable excuse (e.g., temporary possession for lawful disposal)
- You were acting under duress
- Police misconduct or unlawful search/seizure
- You had lawful exemption (such as military or police duties)
Our lawyers will thoroughly examine your case to identify all available legal avenues.
TYPES OF FIREARMS INVOLVED
Unregistered firearm charges may involve:
- Handguns or pistols
- Rifles (bolt-action, semi-automatic)
- Shotguns
- Prohibited firearms (e.g. machine guns, sawed-off shotguns)
- Firearm parts or components (depending on classification)
Each firearm is assessed based on its classification and functionality under the Firearms Act.
HOW THESE CHARGES ARISE
Unregistered firearm cases often arise from:
- Police raids or searches
- Traffic stops or random inspections
- Domestic disputes or neighbour reports
- Firearm audits by the Firearms Registry
- Anonymous tips or intelligence operations
⚠️ You may be charged even if the firearm was not loaded, not used, or inoperable.
WHAT ARE YOUR LEGAL OPTIONS?
If charged, you have the right to:
- Plead Not Guilty – Dispute the charge and test the prosecution’s evidence
- Plead Guilty – Accept responsibility and seek a reduced penalty
- Negotiate Charges – Seek withdrawal or amendment of the charge based on legal or factual issues
A skilled defence lawyer can help you understand the likely outcome and build a compelling case strategy.
FACTORS THAT MAY AFFECT SENTENCING
If convicted, the court will consider:
- Whether the firearm was prohibited or not
- Whether it was loaded or operable
- Your intent and knowledge
- Any prior criminal or firearms history
- Your licence status
- Whether the firearm posed a public safety risk
- Whether you showed remorse, cooperated, or voluntarily surrendered the weapon
WHY CHOOSE CRIMINAL LAWYERS GROUP?
- Proven results in firearms and weapons offences
- Extensive knowledge of the Firearms Act and Police Powers
- Successful track record of avoiding convictions and minimising penalties
- Expertise in bail applications, forensic evidence, and licence appeals
CONTACT US FOR EXPERT FIREARMS DEFENCE
If you’re facing charges involving an unregistered firearm, early legal advice is essential. Our lawyers are available 24/7 to assist you.
🕘 FREE & CONFIDENTIAL CONSULTATION – CALL NOW
📞 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
CRIMINAL LAWYERS GROUP – STRATEGIC DEFENCE. PROVEN RESULTS. TRUSTED ADVICE.
Steven Mercael
Principal Lawyer
