Possessing an unregistered firearm in a public place is an offence under section 93I of the Crimes Act 1900 (NSW). The standard maximum imprisonment is 10 years, which increases to 14 years if the offence is considered aggravated.

Elements

The prosecution must establish:

• The person possessed an unregistered firearm.
• The person possessed an unregistered firearm in a public place.
• The person was not authorised to possess the firearm under the Firearms Act 1996 (NSW).

Circumstances of Aggravation

Examples of circumstances of aggravation:

• Possession of more than one unregistered firearm or
• Possession of an unregistered firearm that is a pistol or
• Possession of an unregistered firearm that is a prohibited firearm.

Penalties

Standard offence: Up to 10 years imprisonment.

Aggravated offence: Up to 14 years imprisonment.

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.

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