Firearm offences can occur when someone fails to secure a firearm, when someone possesses a firearm without a licence or possesses an illegal firearm, or when someone attempts to discharge a firearm in an unlawful manner.

If charged with a Firearm offence, it is important to have a lawyer who is familiar with the Firearms Act 1996 (NSW) and the defences available both in relation to possession and storage of firearms.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688

The Law

It is an offence to possess, use, attempt or threaten to use an offensive weapon with intent to commit an indictable offence or to prevent or hinder the arrest of any person or any investigation. The maximum penalty is 12 years or if in company 15 years: s. 33B

The Firearms Act 1996 defines a firearm as a gun or any other weapon used to fire a projectile, including a blank firearm, air pistol or BB gun.

It is an offence under s33A of the Crimes Act to discharge a firearm to cause grievous bodily harm to a person, or to intend to do so. Anyone who is found guilty of such an offence could face a maximum prison term of up to 25 years.

It is also an offence under s33A to attempt to discharge a firearm in order to either resist, or attempt to resist, an attempt of arrest by a police officer. This can either be attempting to resist arrest for yourself or for another person. Any person found guilty of such an offence can also be sent to prison for a maximum of 25 years.

The use, possession or threat of use of an offensive weapon, which can include a firearm, can also be an offence. It is an offence to possess, use, attempt or threaten to use an offensive weapon with intent to commit an indictable offence or to prevent or hinder the arrest of any person or any investigation. The maximum penalty is 12 years or if in company 15 years.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688