Possess Unregistered Firearm in Public Place - s93I(1) Crimes Act

Being charged with having an unregistered firearm in a public place can be frightening and stressful, especially if your freedom is at stake.

Pleading Not Guilty

To be found guilty of having an unregistered firearm in a public place, the prosecution must prove two elements beyond a reasonable doubt:

• That you had an unregistered firearm in your possession in a public place
• That you were not authorised to possess the firearm under the Firearms Act 1996

If you believe the prosecution will not be able to prove these elements beyond a reasonable doubt, you should consider entering a not guilty plea.

Our highly experienced criminal defence team can then assist you in fighting the charges by writing to the prosecution and pointing out any flaws in the prosecution's case.

As a result, we were able to have charges dropped at an early stage, saving our clients the time and expense of fighting the matter in court.

If the prosecution refuses to drop the charges, you can be confident that our highly skilled advocates will fight hard in court to prove your innocence by presenting all evidence to show why you should be found 'not guilty.'

For example, you may argue that:

• You were authorised to possess the firearm
• The firearm was registered
• You were coerced or threatened into possessing the firearm (duress)
• The possession of the firearm was necessary to prevent serious injury or danger (necessity)
• You possessed the firearm to protect yourself, your property or another person (self-defence)

Pleading Guilty

If you do not want to fight the charges, you can enter a guilty plea before your case is heard in court.

You will save yourself the time and money associated with a trial or hearing by doing so.

You will also most likely face a lower penalty than if you were found guilty after a trial or hearing, because the court will consider the fact that you accepted responsibility for your actions.

If you want to plead guilty, you should be aware of the maximum penalties that could apply in your case.

Typically, these types of cases are heard in the Local Court, where the maximum penalty is two years in prison.

However, if the prosecution chooses to have the case heard in District Court, you could face up to ten years in prison.

Finally, the penalty you will receive will be determined by the facts and circumstances of your case, such as the type of weapon you used, whether there were witnesses present, and whether you have a prior criminal record.

It is therefore critical to ensure that your lawyer is experienced in these types of cases and that he or she can effectively present your case in order to secure a favourable outcome.

Our expert lawyers have extensive experience preparing persuasive 'sentencing submissions,' which are extremely effective in assisting our clients in obtaining favourable outcomes.

What does the prosecution need to prove?

The prosecution must prove two things beyond a reasonable doubt before you can be found guilty of this offence. If they cannot prove both of these elements, you will be found 'not guilty' of the offence:

That you were carrying an unregistered firearm in a public place.

The prosecution must prove that you had possession and control of a firearm.

They must also show that it was not registered on the Firearms Register of the NSW Police Force.

Finally, they must demonstrate that you possessed the firearm in a public place, which is defined as any open to the public place or premise. This can include parks, shopping malls, pubs, and public parks, among other things.

According to the Firearms Act of 1996, you were not authorised to possess the firearm.

This means that you must show proof of a valid licence or permit in order to possess the firearm.

You must also demonstrate that you have a legitimate reason for possessing the firearm. Personal protection or the protection of another person or property are not legitimate reasons.

You must be able to provide evidence of a ‘genuine reason’ to the court.

Genuine reasons include:

• Sport or target shooting, where you are a member of an approved shooting club
• Recreational hunting or vermin control, on rural land where you have permission from the owner of the rural land or a valid authority (such as the National Parks and Wildlife Service)
• Where you are a farmer and you need to use the firearm in relation to farming
• Pest control, where you are a professional contract shooter engaged or employed in controlling pests or rural land, or where you are employed by the government to control pests, or where you are a farmer and you are authorised to eradicate feral or diseased animals
• Where you need the firearm for your work or employment – for example as a security guard or a police officer
• For animal welfare reasons, where you are an RSPCA or Animal Welfare League officer or a vet, or someone else who needs to destroy animals to prevent suffering
• Where you have a firearms collection and you are a current member of an approved collectors society or club