Strict regulations govern the possession and use of firearms. Unauthorised possession or use of a firearm is a serious criminal offence and can result in significant penalties, including imprisonment.

Unlicensed Possession and Use

Under laws such as the Firearms Act 1996 (NSW), it is illegal to possess or operate a firearm without holding a valid licence or permit. This includes all categories of firearms, with particular emphasis on prohibited firearms, such as machine guns and certain self-loading shotguns, which carry even harsher penalties when possessed unlawfully.

• Maximum penalty for general unlicensed possession/use: Up to 5 years’ imprisonment

• Maximum penalty for possession of prohibited firearms or pistols without authorisation: Up to 14 years’ imprisonment
  

Licensing and Registration Requirements

Firearm owners must obtain a licence and ensure each firearm is registered unless a specific exemption applies. The law requires that all firearms in a licensee’s possession be registered to that individual.

To qualify for a firearm licence, applicants must demonstrate a “genuine reason” for ownership, such as sport shooting, hunting, or occupational use.

Storage and Use Compliance

Australian firearm laws also impose strict requirements on safe storage. Firearms must be securely stored, typically in a locked steel safe, when not in use.

Even licensed firearm holders may face criminal charges if:

• A firearm is used for a purpose outside the conditions of the licence

• There is a failure to comply with safe storage or transport requirements

Seizure and Forfeiture

Authorities may seize firearms if:

• A firearm licence is suspended or cancelled

• A person is convicted of a firearm-related offence

In many cases, seized firearms are forfeited to the Crown.

Offences Under NSW Firearms Law

In New South Wales, the Firearms Act 1996 (NSW) outlines a range of offences, including:

• Possessing or using a firearm without a licence

• Possessing a prohibited firearm without the necessary authorisation

• Using a firearm for a reason not listed on the licence

• Acquiring, supplying, or possessing unregistered firearms

National Framework: The National Firearms Agreement

NSW firearm laws align with the 2017 National Firearms Agreement, which sets out uniform principles for regulating firearms across all Australian states and territories. This agreement promotes public safety while maintaining consistency in how firearms are managed nationwide.

Additional Legal Provisions

Firearm-related offences may also fall under:

• Crimes Act 1900 (NSW)

• Crimes Act 1914 (Cth)

These acts apply particularly when a firearm is used in the commission of other crimes, such as robbery or assault.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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