In New South Wales, the possession of a prohibited weapon without the required permit is a criminal offence, including a penalty of up to 14 years’ imprisonment. This offence is regulated under the Weapons Prohibition Act 1998 (NSW). Section 7 of the Act outlines the offence of unauthorised possession or use of a prohibited weapon.

What is a Prohibited Weapon?

Schedule 1 of the Act provides a detailed list of prohibited weapons. These include items such as:

• Butterfly knives
• Crossbows

Permit Requirements

To lawfully possess or use a prohibited weapon, you must hold a valid permit.

Penalties

Unauthorised possession can result in:

• Imprisonment – up to 14 years
• Fines or other court-imposed penalties, depending on the circumstances

Possible Legal Defences

If charged, there may be legal defences available, including:

• Duress
• Necessity
• Lack of unlawful intent

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, paralegal.

See author's posts