Weapons and Firearms Offences

Specialist Criminal Defence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being charged with a weapons or firearms offence is extremely serious in New South Wales, where some of the world’s strictest laws are enforced. Whether the matter involves a firearm or a prohibited implement, convictions can lead to imprisonment and the permanent loss of licences. Securing expert legal representation is the most critical step in protecting your liberty.

At Douglass & Ford, we provide a sophisticated defence for all weapons-related charges. With over 20 years of combined experience, our solicitors understand the technicalities of the Firearms Act and Weapons Prohibition Act. We work quickly to examine item classifications, challenge the legality of police searches, and ensure you receive a fair hearing.

How we can help you with your weapons case

We understand that many weapons charges arise from misunderstandings of the law or historical possession. Our priority is to protect your future through:

• Challenging Search Legality: Most weapons are found during person or vehicle searches. If the police lacked “reasonable suspicion” to conduct the search, we can argue to have the evidence excluded and the charges dismissed.
• Technical Classification: Not every item that looks like a weapon is legally classified as one. We work with experts to challenge the prosecution’s classification of items to have charges downgraded or dropped.
• Licensing Advocacy: For primary producers or sporting shooters, a weapons charge can end a way of life. We represent clients in appeals against the suspension or revocation of firearms licences.
• Securing Non-Convictions: For minor matters, such as carrying a pocket knife for work or a first-time low-level offence, we have a proven track record of arguing for Section 10 non-convictions.
• Avoiding Custodial Sentences: For serious firearms offences, we focus on intensive sentencing submissions and rehabilitation to argue for community-based orders rather than full-time imprisonment.
• Applying for Legal Aid: We are proud members of the General, Indictable, and Serious Criminal Law Panels, ensuring high-quality legal help is accessible for all.

What constitutes a weapons offence?

In NSW, it is an offence to possess or use a prohibited weapon or firearm without a valid permit or “genuine reason.” To be found guilty, the prosecution must generally prove:

1. The item is a prohibited weapon or firearm as defined by law.
2. You had possession (knowledge and control) of the item.
3. You did not hold a valid licence or permit for that specific item.

Types of penalties for weapons offences

The courts treat weapons offences with high levels of scrutiny due to public safety concerns. Penalties may include:

• Full-Time Imprisonment: Possession of a loaded firearm in a public place or an unregistered prohibited firearm often carries a presumption of a prison sentence.
• Intensive Correction Order (ICO): A custodial sentence of up to two years served in the community with strict conditions.
• Community Correction Order (CCO): A bond that allows you to remain in the community while complying with supervision or community service.
• Fines: Significant monetary penalties often accompany weapons charges.
• Forfeiture Orders: The court will almost always order the permanent destruction of the weapon involved.

Factors the court considers for weapons offences

When sentencing, the Magistrate or Judge will look at specific details, including:

• The Type of Weapon: Was it a “Category D” firearm, a gel blaster, or a knife?
• The Context: Was the weapon found in a private home, or was it being carried in a high-risk public area like a licensed venue?
• Intent: Was the weapon possessed for a legitimate purpose (like farming or a hobby) or with the intent to commit a crime?
• Safety: Was the weapon loaded? Was it stored safely in accordance with legislative requirements?

Common types of weapons charges

• Possession of a Prohibited Firearm: Including handguns, sawn-off shotguns, or automatic weapons.
• Custody of a Knife in a Public Place: Carrying a knife without a “reasonable excuse” (such as for work or food preparation).
• Possession of a Prohibited Weapon: This includes items like flick-knives, tasers, brass knuckles, and even certain types of laser pointers.
• Unsafe Storage: Failing to keep a registered firearm in an approved, locked safe.
• Firing a Firearm in a Manner Likely to Injure: A very serious charge involving the reckless use of a gun.

Legal defences to your charge

You may successfully defend a weapons charge if one of the following applies:

• Reasonable Excuse: For knife charges, you can show the knife was for work, sport, or another legitimate non-violent purpose.
• Lack of Knowledge: You were unaware the weapon was on your property or in your vehicle (for example, it was left there by a previous passenger).
• Duress: You were forced to possess the weapon under a threat of immediate and serious harm.
• Incorrect Classification: The item does not meet the legal definition of a prohibited weapon under the Act.

The penalties for firearms and prohibited weapons offences in NSW are among the most stringent in the country. Our legal team provides the technical knowledge and strategic advocacy required to navigate these complex regulations, representing clients throughout the following regions:

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district