Firearms & Weapons Offence Lawyers

Firearms and weapons charges are considered very serious by NSW Courts and can lead to terms of full-time imprisonment if found guilty. If you are facing such charges, it is crucial to have experienced legal representation to navigate the complexities of your individual situation.

How Our Team Of Criminal Defence Lawyers Can Help?

At Conditsis Lawyers, we understand the complexities of firearms and weapons offences. Our team of criminal defence lawyers offers expert legal advice, providing clear, actionable guidance to help you understand the charges against you and explore your legal options. We develop tailored defence strategies based on the specifics of your case, aiming to reduce or dismiss charges. With our experienced criminal lawyers by your side, you’ll receive professional court representation to ensure your rights are protected and to pursue the best possible outcome. Additionally, we negotiate with prosecutors to secure more favourable outcomes, such as reduced charges or penalties through plea bargaining.

Why Choose Conditsis Lawyers?

  • Local Expertise: Our team is based in Gosford and understand the local legal landscape and court procedures.
  • Proven Track Record: We have a history of successfully defending clients against a wide range of criminal charges, including firearms and weapons offences.
  • Client-Centred Approach: We prioritise your needs and work closely with you throughout the legal process to ensure you are kept informed and up-to-date.

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Types of Firearms Offences

Unlawful Possession of a Firearm

Offence Penalty
Possessing a prohibited firearm or pistol without the required license or permit.  Up to 14 years imprisonment.
Possessing a firearm without the required license or permit. Up to 5 years imprisonment.
Possessing a firearm contrary to a firearms prohibition order. Up to 14 years imprisonment.
Possessing a loaded firearm in a public place. Up to 10 years imprisonment.
Using a firearm under the influence of drugs or alcohol. Up to 5 years imprisonment
Possessing a stolen firearm. Up to 14 years imprisonment.

 

Unlawful Use of a Firearm

Offence Penalty
Discharging a firearm with intent to cause grievous bodily harm. Up to 25 years imprisonment.
Possessing a prohibited firearm without the required license or permit. Up to 14 years imprisonment.

 

Weapons and Firearms Storage

Offence Penalty
Not complying with safe storage requirements of a prohibited firearm. Up to 2 years imprisonment.
Not complying with safe storage requirements of a firearm. Up to 12 months imprisonment.

 

Firearm Sales

Offence Penalty
Selling or distributing firearms unlawfully. Up to 14 years imprisonment. 
Unlawfully supplying firearms on a ongoing basis. Up to 20 years imprisonment.

 

Possession of Prohibited Weapons Without a Permit

Offence Penalty
Owning or carrying weapons that are banned, for example tasers, an extendable baton and some knives without a permit. Up to 14 years imprisonment.
Possessing a prohibited weapon contrary to a weapons prohibition order. Up to 10 years imprisonment.

 

Surrender of Firearms, Prohibited Weapons and licences

Offence Penalty
Failure to surrender firearms when your licence is suspended, revoked or expired. Up to 2 years imprisonment.
Failure to surrender your firearms licence when it is suspended or revoked. Up to 2 years imprisonment.
Failure to surrender any prohibited weapons when your permit is expired, suspended or revoked. Up to 12 months imprisonment. 

 

Modification and manufacture of firearms

Offence Penalty
Shortening a firearm without a permit. Up to 14 years imprisonment.
Supplying or giving a shortened firearm to another person without a permit. Up to 14 years imprisonment.
Modifying a firearm without a permit. Up to 14 years imprisonment.
Removing identification markers from a firearm. Up to 14 years imprisonment.
Manufacture a firearm without permit. Up to 10 years imprisonment.
Manufacture a prohibited firearm or pistol without permit Up to 20 years imprisonment. 

Firearms Offences & Weapons Offences FAQ’s

An AVO includes both an Apprehended Domestic Violence Order (ADVO) and Apprehended Personal Violence Order (APVO).

If you are listed as the defendant in an Interim AVO (including a Provisional AVO made by Police), the Police are required to make enquiries and seize any firearms or prohibited weapons in your possession. Your firearms licence and prohibited weapon permit will be suspended until the AVO application is finalised.

If a Final AVO is made against you, you will be unable to obtain a firearms licence or a prohibited weapons permit for 10 years after the Final AVO expires.

If you are convicted of an offence relating to firearms or weapons, the Commissioner of Police may not consider you to be a fit and proper person to hold a licence or permit.

A firearm is broadly defined as any gun or other weapon that is (or at any time was) capable  of propelling a projectile through the use of explosion, compressed air, or other means. This includes a wide range of items such as traditional guns and air guns. It also includes gel blasters in NSW. However, paintball guns are excluded from the definition of firearms in NSW.

Yes, firearm registration is required for most individuals. The only exceptions are police officers, prison officers, and defence force members while performing their official duties.

If you own an antique firearm, you are not required to register it simply for possession. However, if you intend to use it, registration is necessary.

Upon registering your firearm, you will receive a registration certificate from the administrative authority.

Yes. You must have a current firearm licence or permit and have a Permit to Acquire a firearm (PTA). You can apply for a PTA through Service NSW.

Imitation firearms are broadly defined as something that substantially replicates the appearance of a firearm but is not a firearm.

However, an object that is produced and identified as a children’s toy is not an imitation firearm. This generally means items that are made and sold as children’s toys, such as Nerf guns, are not illegal imitation firearms.

No. In New South Wales, gel blasters are considered to be imitation firearms and are treated the same as a real firearm, including registration, licensing and safe keeping regulations. The same maximum penalties for offences also apply to imitation firearms as if it were a real firearm.

Interestingly, the sale and possession of gel blasters is not illegal in Queensland. Therefore, if you lawfully purchase a gel blaster in Queensland or from an Australian online store (which is likely based in Queensland), you must not bring the gel blaster into NSW. If you intend to bring the gel blaster into another state or territory, you should check the laws of that jurisdiction before doing so.

A paintball gun (legally referred to as a “paintball maker”) is a device that can propel, or is designed to propel, a paintball by means of any gas or mixture of gases, including air (but not including a gas or mixture of gases generated by an explosive) and is operated or designed for operation by means of a trigger or similar device.

In NSW, paintball guns are regulated differently from firearms because the law recognises that paintball guns can be used safely in a controlled environment, such as an authorised paintball venue for sporting or recreational purposes. There are no special laws that treat gel blasters differently from firearms.

It is true that both paintball guns and gel blasters generally use much the same mechanism to propel a projectile – compressed air or gas. It is also true that paintball guns generally tend to be more forceful than gel blasters. So, it does not make much sense that paintball guns are legal and gel blasters are not.

However, paintball guns are not completely legal in NSW. It is important to know that the sale, supply, use or possession of paintball guns in NSW can still be a criminal offence. For example, it is an offence to possess a paintball gun outside an authorised paintball venue unless authorised to do so by a permit. Having said that, the maximum penalties for offences involving a paintball gun are significantly lower than offences involving a firearm (including gel blasters).

If Police charge you, you should contact Conditsis Lawyers immediately to seek legal advice and representation.

Areas Of Criminal Law

We can assist you in any of the following areas of traffic law and when you are ready one of our team will be happy to answer any questions that you might have.

We have offices in Sydney, Newcastle, Wollongong, Gosford and the Central Coast. We have several international clients and our experienced criminal law solicitors and trial lawyers have successfully represented and defended our Australian based clients in the Local Court, District Court, Federal Court and High Court.

Our criminal justice solicitors are led by NSW Law Society Accredited Specialist Manny Conditsis. Because we are specialists with almost 100 years of combined criminal law experience and 1000’s of successful cases, we have a commanding understanding of criminal law and criminal law offences, so you can be confident that you will receive the best advice and best possible outcome for your matter.

If you’re in trouble with the police, you need to speak with a criminal lawyer today. For the best criminal law advice contact the Conditsis team today. To find out more about our unrivalled experience and expertise, you can take a look at some of our landmark cases and recent news.

If you are in trouble with the police or face criminal charges, you need an expert criminal lawyer now so don’t delay. It is critical to get advice and representation immediately. Contact Us for expert legal advice.

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Our Central Coast Criminal Law Team

Manny Conditsis

Director | Senior Trial Advocate | Accredited Specialist Criminal Law

Michal Mantaj

Director | Senior Trial Advocate | Accredited Specialist Criminal Law