Case study:
Recently, I represented a client in relation to the unauthorised possession of a firearm which had been passed onto them by a dying relative. The firearm did not work and it was kept hidden in a cupboard.
About 15 years after receiving it, police were informed of its existence and location. Police conducted an investigation, and the person was charged with unauthorised possession of the firearm.
My client pleaded guilty and received a non-conviction, but it is better to avoid being charged.
I have a firearm, or think I do….
The Firearms Act 1996 defines “firearm” very broadly and includes a firearm that is broken or incomplete, an air rifle, a gel blaster, and other items. See my post about Nerf Guns.
It is a serious criminal offence to possess a firearm, whether it is working or not, whether or not it is complete, without a licence.
In NSW, possession of a firearm without a licence (“unauthorised possession”) is a criminal offence which carries between 5 and 14 years imprisonment.
If a firearm is found at your premises, the law assumes that you were in possession of it. This means if you have a firearm at your house or place of work, without a licence, you are committing an offence (subject to the availability of any specific defence).
Will I be charged? Will I be asked where it came from?
For obvious reasons, many people believe they will get into trouble with police if they try to get rid of a firearm they are not allowed to have.
What to do…
There is an Ongoing Firearms Amnesty in NSW (at 07/05/2025). This means a person is protected from prosecution if they are in possession of the firearm for the purposes of handing it in (getting rid of it, surrendering it, etc).
The NSW Police Website and Crimes Stoppers Website contain instructions. I recommend checking the website/s before proceeding. In summary,
- Contact your local police station and let them know you want to surrender a firearm,
- If you know how, make the firearm safe by unloading it and removing the bolt. Tell police beforehand if you don’t know how to make it safe.
- Place it in a bag or wrap it up in a blanket,
- Deliver it to the police station at the agreed time and place.
Under the amnesty, you can surrender firearms parts and ammunition as well.
Make the effort to hand in your unauthorised, unregistered and unwanted firearms today.
By Jeremy L. McGrath
Penrith Lawyers
07 May 2025