Unregistered Firearms - s36 Firearms Act

If you buy, sell, or own a firearm, the law requires you to register it with the NSW Police Firearms Registry.

If you are caught selling, buying, or possessing an unregistered firearm, you may face harsh penalties that will have a negative impact on your life, affecting your ability to carry out your work duties and travel abroad.

PLEADING NOT GUILTY

Before you can be found guilty of buying, selling or possessing an unregistered firearm, the prosecution has to prove several factors (elements).

If they are unable to prove these elements beyond a reasonable doubt, you will be found ‘not guilty:’

• That you sold, bought or possessed a firearm
• That the firearm was not registered with the Firearms Registry run by the NSW Police Force

PLEADING GUILTY

If you do not want to fight the charges, you may wish to enter a guilty plea.

Pleading guilty at an early stage is often advantageous because it saves you the costs of having the matter heard in court and also ensures that the matter is dealt with quickly.

It may also result in a less severe penalty because an early guilty plea shows the court that you have accepted responsibility for your actions.

If you're considering pleading guilty, you should be aware of the maximum penalties that could be imposed.

Unregistered firearms cases are typically heard in the Local Court, where the maximum penalty is two years in prison.

If the prosecution elects to have the case heard in District Court, the maximum penalty is ten years in prison if the firearm is a prohibited firearm or pistol, and five years in prison for all other firearms.

It's important to remember that the penalties discussed above are only maximum penalties, so they'll only be applied in the most serious cases. Your penalty will be determined by the facts and circumstances of your case.

Even if you simply wish to plead guilty, it is critical that you are represented by a highly experienced and reputable lawyer, as the right legal team can make all the difference in avoiding these harsh maximum penalties.

Our experienced lawyers will be able to advise you on whether you have grounds to fight the charges, such as if you were unaware that the firearm was unregistered, or if you did not own the firearm at the time of the offence.

If necessary, we can provide you with the best possible representation in court by vigorously contesting the prosecution's allegations and presenting all evidence to support your case.

We can also advise you if you have any other defences to explain or justify your actions, such as:

• Where you were coerced or threatened into possessing or using the unregistered firearm (duress)
• Where the use or possession of the unregistered firearm was necessary to prevent serious injury or danger (necessity)
• Where you used or possessed the unregistered firearm to protect yourself, your property or another person (self-defence)
• Where you were unaware that the firearm had to be registered (honest and reasonable mistake of fact)