Firearms and Weapons Lawyers Parramatta

Unauthorised possession of a firearm under s7A of the Firearms Act 1996 carries a maximum penalty of 5 years imprisonment. Possession of a prohibited firearm or pistol under s7 carries 14 years. The gap between those two numbers reflects the difference between a registered gun owner whose licence has lapsed and someone holding a military-grade weapon with no lawful basis.

The penalties increase with aggravating circumstances. Possession of a firearm in a public place under s7(2) carries 14 years. If the firearm is a prohibited weapon (automatic, semi-automatic rifle, or a weapon defined under the Weapons Prohibition Act 1998), the penalties are more severe again. Possession of a loaded firearm in a public place or in circumstances connected to criminal activity pushes the matter further up the sentencing scale.

What the charge sheet doesn't show is the licence consequence. A firearms conviction triggers revocation of your firearms licence under the Firearms Act, and that revocation runs on a separate track from the criminal proceedings. You lose the licence when you're charged, not when you're convicted. For security workers across Parramatta, Blacktown, and Liverpool, that revocation means no armed work from the day it takes effect. For farmers and primary producers in the Cumberland and Hills district, it removes the tool they need to manage livestock and vermin on their own land.

The other downstream consequence that catches people: a firearms conviction on your National Police Check affects government security clearances, Working With Children Check assessments for serious offences, and visa applications to the US, UK, and Canada. The conviction doesn't just affect the next court date. It follows you into employment screening and travel for years.

Whether the penalty in your case sits at the lower or upper end of the range depends on the type of firearm, the circumstances of possession, your criminal history, and the strength of the legal arguments available. The criminal charge and the licence revocation both need attention from the start.

Yes, and you don't need to be convicted of anything for it to happen. A provisional ADVO (Apprehended Domestic Violence Order) triggers automatic firearms licence revocation under the Firearms Act 1996, even when the order hasn't been tested in a hearing and even when you haven't been charged with a domestic violence offence.

This is the AVO-to-revocation pipeline, and it catches licensed holders faster than most people expect. Police attend a domestic incident. A provisional ADVO is issued at the scene or at the police station. Under the Firearms Act, the Commissioner of Police is notified, and the revocation process begins. Your firearms are surrendered. Your licence is suspended or revoked. If you hold a security industry licence, your armed work stops. All of this happens before any court hearing on the AVO itself.

A final ADVO (one imposed by a court, either by consent or after a contested hearing) carries the same licence consequence, but the mechanism is different. If you consent to an ADVO without admissions (agreeing to the order without admitting the allegations), the AVO is in force and the licence implications follow. Many people consent to AVOs on legal advice because the orders seem minor, without understanding that the firearms consequences are anything but minor.

The revocation doesn't reverse automatically when the AVO expires or is revoked. Restoring a suspended or revoked firearms licence requires a separate application to the Firearms Registry, with evidence of safe storage compliance, evidence of genuine reason for holding the licence, and, in some cases, a hearing before the NSW Civil and Administrative Tribunal (NCAT). The restoration process can take months.

We advise licensed firearms holders to get specific legal advice before consenting to an ADVO. If you're a security worker, farmer, or competitive shooter, the AVO isn't just a domestic order. It's the trigger that puts your livelihood at risk. The criminal process and the licence process need to be managed together.

A Firearms Prohibition Order (FPO) is an order made by the Commissioner of Police under Part 7 of the Firearms Act 1996 that prohibits a person from possessing, using, or acquiring any firearm or firearm part. It also prohibits you from being present at a firearms dealer's premises, a shooting range, or any premises where firearms are stored, and it gives police the power to search you, your vehicle, and any premises you occupy without a warrant.

The warrantless search power is what sets an FPO apart from other firearms restrictions. Once an FPO is in force, police can search you at any time, at any place, without reasonable suspicion and without a warrant. They can search your home, your car, your workplace, and your person. That power alone makes an FPO one of the most invasive orders in NSW law.

FPOs are issued administratively by the Commissioner, not by a court. You're given notice of the proposed order and an opportunity to make representations, but the Commissioner makes the final decision. An FPO can be issued to someone who has never been convicted of an offence, if the Commissioner is satisfied that it's in the public interest. The threshold is low compared to criminal proceedings.

Contravention of an FPO (possessing a firearm or firearm part while the order is in force) is a criminal offence under s74 of the Firearms Act, carrying up to 14 years imprisonment. The charge is strictly indictable.

You can appeal an FPO to the Supreme Court, but the grounds are limited and the court gives considerable deference to the Commissioner's decision. If you've been served with a proposed FPO or one is already in force, the representations stage is where the outcome is most likely to be influenced. Once the order is made, the appeal pathway is narrow.

Firearms storage offences under s39 of the Firearms Act 1996 cover any failure to store firearms and ammunition in accordance with the regulations. The maximum penalty is 5 years imprisonment (2 years for a first offence), and they're strict liability offences. The prosecution doesn't need to prove you intended to store them incorrectly. If the arrangement was non-compliant when police attended, the offence is made out.

The regulations are specific. Firearms must be stored in a locked container of a type approved by the Commissioner. Ammunition must be stored separately from firearms, in its own locked container. Both containers must be bolted to the structure of the building or be of sufficient weight and construction that they can't be easily removed. The safe must not be visible from outside the premises. And firearms must be stored unloaded.

Police encounter storage issues in a range of circumstances. A routine inspection by the Firearms Registry. A search warrant for an unrelated matter that reveals non-compliant storage. An AVO application where police attend the home and observe firearms storage during the visit. Each of those entry points can produce a storage charge, regardless of why police were originally there.

The defence depends on what police actually observed versus what the regulations require. Not every claim of non-compliance survives scrutiny. A safe that was temporarily open because the licensee was cleaning weapons may be treated differently from a safe that hadn't been locked in months. Firearms in transit between a vehicle and the premises have different storage requirements under the regulations. If the Firearms Registry had previously inspected the same arrangement without issue, that inspection history is relevant to whether the arrangement was genuinely non-compliant.

What makes storage offences worth taking seriously, beyond the criminal penalty, is the licence consequence. A storage conviction gives the Commissioner grounds for licence revocation and strengthens any objection to future licence applications.

The distinction determines which law applies, what licence you need, and what penalty you face for possession without authority.

Authorised firearms are those that can be legally possessed under the Firearms Act 1996 with the appropriate licence category. Category A covers air rifles, rimfire rifles (other than self-loading), and shotguns (other than semi-auto or pump-action). Category B covers centrefire rifles and muzzle-loading firearms. Category C covers self-loading rimfire rifles and pump-action or self-loading shotguns, and is restricted to primary producers and professional shooters. Category D covers self-loading centrefire rifles, and is only available in extremely limited circumstances. Category H covers handguns, restricted to sport/target shooters, security workers, and certain occupational categories.

Prohibited firearms are defined under the Weapons Prohibition Act 1998 and cannot be legally possessed under a standard firearms licence. They include fully automatic firearms, military-grade weapons, disguised firearms (items designed to look like something other than a gun), shortened firearms below prescribed length, and certain modified weapons. Possession of a prohibited firearm without a specific permit from the Commissioner is an offence under the Weapons Prohibition Act, carrying penalties up to 14 years imprisonment.

The practical impact of the distinction plays out in sentencing. Unauthorised possession of a Category A shotgun by a farmer whose licence expired carries a maximum of 5 years under s7A of the Firearms Act. Possession of a prohibited firearm carries 14 years under s7 of the Firearms Act, and the show cause bail provisions are more likely to apply. The same physical act (holding a gun without the right paperwork) produces dramatically different legal consequences depending on which side of the authorised/prohibited line the weapon falls.

For licensed holders, the risk arises when a modification takes a firearm from one category to another, or when a licence renewal lapses and the firearms held become "unauthorised" by default. We see both scenarios regularly at Parramatta and across Western Sydney.

For some firearms offences, yes. A Section 10 under the Crimes (Sentencing Procedure) Act 1999 means the charge is found proven but no conviction is recorded. Whether it's available depends on the specific charge, the circumstances, and the court's assessment of your character and the seriousness of the offence.

Storage offences under s39 of the Firearms Act 1996 are the most common category where a Section 10 is achieved. A first-time storage offence involving a technical breach (a safe not bolted to the wall, ammunition stored in the same container as the firearm, or a safe door left unlocked during cleaning) is the type of matter where magistrates regularly exercise the discretion. The offence is strict liability and the breach was non-deliberate. Combine that with a clean record, evidence of long-standing licence compliance, and supporting references from a firearms club or employer, and the case for a Section 10 is strong.

For more serious firearms charges, unauthorised possession of a firearm under s7A, the Section 10 threshold rises. The magistrate considers the nature of the weapon, how it came to be in your possession without authority, and the risk to public safety. An expired licence on a farm rifle stored in a compliant safe is a different proposition from an unregistered handgun found in a vehicle during a traffic stop. Both are technically unauthorised possession, but the circumstances determine whether a Section 10 is within range.

For prohibited firearm and prohibited weapon offences, a Section 10 is rare but not impossible. The seriousness of the offence category makes it harder to argue that no conviction is warranted, but the court retains the discretion.

The strategic value of a Section 10 in firearms matters goes beyond keeping your criminal record clean. A dismissal without conviction is the strongest foundation for a licence restoration application at the Firearms Registry or NCAT. The Tribunal can see the court treated the matter as minor. A conviction, even with a small fine, signals something different to the licensing authority.

Show cause bail is a reversed bail presumption under the Bail Act 2013. For most criminal offences, the court starts from a position of releasing you on bail with conditions. For show cause offences, the starting position is detention. You must demonstrate why your continued detention is not justified.

Firearms offences fall into the show cause category under s16B of the Bail Act when they involve serious firearms offences, including possession of a prohibited firearm, firearms offences committed while on bail for another offence, or offences involving the use of a firearm in connection with other criminal conduct. The effect is that the burden shifts. Instead of the prosecution arguing why you should be detained, you must persuade the court that there are sufficient reasons to release you.

Meeting show cause requires more than a promise to attend court. We prepare documentation of stable accommodation, employment (particularly where the person's livelihood depends on the licence they've lost), family responsibilities, community ties, and any health or welfare factors that make detention disproportionate. A proposed surety (a person who pledges money as a guarantee of compliance) with financial documentation strengthens the application. So does a proposed bail address outside the area connected to the alleged offending.

If a first show cause application is refused, a second application in the same court requires new information or changed circumstances under s74 of the Bail Act. Getting it wrong the first time raises the bar for the second attempt. The first hearing is the best opportunity, and underprepared applications that fail create a harder path to release.

For firearms offences where show cause applies, we lodge the bail application with supporting evidence ready on the first court appearance. That preparation has to happen fast. If you or a family member has been charged with a firearms offence and is in custody, call 1800 527 529 immediately.

Restoring a revoked firearms licence is a separate process from the criminal matter that triggered the revocation, and it requires its own application, its own evidence, and often its own hearing.

The first step is understanding why the licence was revoked. Revocation following a criminal charge, revocation triggered by an AVO, and revocation for a regulatory breach (failed inspection, failure to renew) each follow different procedural paths back to restoration. The reason for revocation determines what evidence the Firearms Registry or the NSW Civil and Administrative Tribunal (NCAT) will want to see.

For revocation following a criminal charge, the outcome of the criminal proceedings matters. A Section 10 dismissal (no conviction recorded) is the strongest foundation for restoration. It signals that the court treated the matter as minor and not warranting a permanent record. A conviction, even with a minimal penalty, is a different signal. It doesn't make restoration impossible, but the Firearms Registry will give it more weight when assessing your application.

The application to restore your licence goes first to the Commissioner of Police through the Firearms Registry. You'll need to demonstrate a genuine reason for holding the licence (primary production, sport/target shooting, security employment, pest control), current safe storage compliance, and the absence of ongoing risk factors that led to the revocation. Character references, a clean period since the revocation, and evidence of continued engagement with your shooting club or employer support the application.

If the Commissioner refuses restoration, you can appeal to NCAT. The Tribunal conducts a merits review, meaning it makes the decision afresh based on all the evidence before it. NCAT hearings involve evidence, submissions, and sometimes witnesses. The process can take several months from lodgement to decision.

Timing matters. We prepare the criminal defence with the licence application in mind from day one, so that the outcome of the criminal matter supports rather than undermines the restoration case.

There is no mandatory minimum sentence for most firearms offences in NSW. The court retains full sentencing discretion, from a Section 10 dismissal with no conviction up to the maximum prescribed by the relevant Act.

That said, the sentencing expectations for firearms matters are higher than for many other offence categories, and the effective floor depends heavily on the specific charge.

For unauthorised possession of a firearm under s7A of the Firearms Act 1996 (maximum 5 years), a Section 10 dismissal is achievable in appropriate cases, particularly for technical breaches involving registered firearms and lapsed licences. Storage offences under s39 (maximum 5 years, 2 years for a first offence) are another category where the lowest possible outcome is no conviction at all.

For possession of a prohibited firearm or pistol under s7 (maximum 14 years), the sentencing range rises significantly. While no statutory minimum applies, the seriousness of the offence category means the court's starting point is higher, and outcomes below a community correction order are uncommon unless the circumstances are genuinely exceptional.

Standard non-parole periods apply to some firearms offences when the matter is dealt with in the District Court or Supreme Court. Under s54A of the Crimes (Sentencing Procedure) Act 1999, these are not mandatory minimum sentences, but they function as a reference point. The sentencing judge must set the non-parole period at the standard level unless there are reasons to depart. For s7 prohibited firearm offences committed in certain aggravated circumstances, the standard non-parole period is a reference the court considers.

The absence of a mandatory minimum doesn't mean the court treats firearms matters lightly. The sentencing statistics show that full-time custody is the norm for serious firearms offences, particularly those involving prohibited weapons, public places, or connections to other criminal activity. For minor or technical offences, a no-conviction outcome is possible with the right preparation.

Section 16A of the Firearms Act 1996 creates an offence of being an occupier or person concerned in the management of premises where a firearm is found. It shifts the focus from who was holding the gun to who was in charge of the place where the gun was located.

Under s16A, if a firearm is found on premises that you occupy or manage, you're deemed to be in possession of that firearm unless you can prove that you didn't know about it, didn't consent to it being there, and had no reasonable grounds for suspecting its presence. The burden of proof reverses. Instead of the prosecution proving you knowingly possessed the firearm, you need to establish that you had no knowledge or involvement.

This section catches people who share houses, run businesses, or manage properties where someone else has stored a firearm without their knowledge. A flatmate stores an unregistered handgun in a wardrobe. A tenant leaves a firearm in a shed on a rural property you own. A vehicle you're driving is found to contain a weapon you didn't know about. In each case, s16A can produce a charge against you.

The defence is factual. We build evidence that you genuinely didn't know the firearm was there: the layout of the premises, who had access, your relationship to the person who actually brought the firearm onto the property, whether the location of the firearm was visible or concealed, and your reaction when police disclosed the find. Text messages, call records, and witness statements about the arrangement can all support the defence.

The practical risk of s16A is that police charge the occupier when they can't identify the actual possessor. If you've been charged because a firearm was found on premises you occupy, rather than because you were holding the weapon yourself, the factual circumstances of the arrangement are the core of the defence.

As at March 2026, the most significant recent change to NSW firearms law is the Firearms and Weapons Legislation Amendment Act 2024, which received assent in late 2024 and has provisions commencing in stages through 2025 and 2026.

The key changes include expanded Firearms Prohibition Order (FPO) powers, tighter controls on 3D-printed firearms and digital weapons manufacturing files, increased penalties for firearms trafficking offences, and additional regulatory requirements for firearms dealers and collectors.

The 3D-printed firearms provisions are the most notable practical addition. The amendments create specific offences for possessing digital blueprints or manufacturing files capable of being used to produce a firearm, and for possessing a firearm manufactured using additive manufacturing (3D printing). These offences recognise a category of weapons that didn't exist in meaningful volume when the Firearms Act was originally drafted.

The trafficking amendments increase penalties for dealing in firearms without authority and create new offences targeting the supply chain, from importation through to street-level distribution. These provisions are aimed at organised crime activity but apply to anyone involved in the movement of illegal firearms.

For licensed holders, the practical changes centre on storage inspections, record-keeping requirements, and the conditions attached to dealer and collector licences. The amendments give the Firearms Registry expanded audit powers and tighten the obligations around reporting lost or stolen firearms.

What hasn't changed is the core framework. Licence categories remain the same. The authorised/prohibited distinction hasn't shifted. Show cause bail still applies to serious firearms offences. The dual-track problem (criminal charge running separately from licence revocation) is unchanged. If you're a licensed holder facing a charge, the strategic landscape is the same: defend the charge and protect the licence, and prepare both tracks together.

For the latest position on how any amendment affects your specific charge or licence status, call 1800 527 529. Firearms law changes regularly, and the commencement dates for individual provisions don't always align with the date the Act was passed.

The cost depends on whether you're defending a criminal charge, appealing a licence revocation, or both. Most firearms matters involve both tracks, and the work required for each is different.

For straightforward criminal matters in the Local Court (a first-offence storage charge, an unauthorised possession matter involving a lapsed licence), fixed-fee options are available. These cover the legal advice, case preparation, and representation at the hearing or sentencing. You know what it costs before you commit.

For more serious charges dealt with in the District Court (prohibited firearm possession, firearms offences with show cause bail), the fee structure is staged: bail application, committal proceedings, pre-trial preparation, and trial. Each stage is quoted separately. District Court matters may also involve barrister's fees, expert witness costs, and forensic analysis disbursements.

The licence track sits alongside the criminal work. Applications to the Firearms Registry for licence restoration involve preparation of submissions, evidence gathering, and engagement with the Registry. If the Commissioner refuses and you appeal to NCAT, the appeal involves separate hearing preparation, evidence, and the hearing itself. We quote the licence work separately from the criminal work so you can see the full picture.

Where firearms charges involve show cause bail, we handle the bail application first. If your accounts aren't frozen (unlike CARA proceedings), the immediate financial pressure is lower, but the urgency is the same: the bail hearing happens within days of the charge, and it needs to be prepared properly the first time.

The real cost calculation in firearms matters is the cost of the licence. For a security worker, months without armed work represents tens of thousands in lost income. For a primary producer, the cost of hiring external shooters to manage vermin adds up over the duration of the revocation. The investment in legal representation is measured against those ongoing costs.

Initial consultations are fixed-fee. Call 1800 527 529 or [book a consultation](/consultation). Open 7 days.