Firearms Legal guidelines and Licences in New South Auckland

December 2, 2023by Naomi Cramer


There are a selection of stringent guidelines surrounding firearm licences in New South Auckland.

Right here’s a rundown of the principles.

How can I personal a firearm in NSW?

So as to personal, possess and/or use a firearm in New South Auckland, an individual is required to own a legitimate firearms licence.

The NSW Police Power is liable for issuing firearms licences and permits, and also will conduct checks to make sure firearms are saved in a authorized method.

An individual could be refused a firearms licence in NSW in the event that they:

  • Have a prison document
  • Have been issued with an Safety Order or interim Safety Order
  • Don’t have a ‘real motive’ for having a firearm
  • Haven’t accomplished an authorised firearms coaching course
  • Aren’t thought of a ‘match and correct’ particular person

So as to help your software for a firearms licence, you may be required to offer proof that you’ve got a legitimate motive for possessing the firearm (equivalent to to be used for pest eradication). Related documentation can embrace:

  • A duplicate of your tax evaluation discover stating your occupation.
  • A duplicate of contracts from clients who’re using you on your providers, together with cost particulars.
  • A letter from a authorities company stating that you’re employed or authorised by them to manage vertebrate pest animals.
  • An authorized copy of a trapper’s licence.
  • If you’re a major producer, you may be required to offer Part 15 Certificates from the Livestock Well being and Pest Authorities with the main points of their pest management suggestions.

In addition to documentation to help your real motive for proudly owning a firearm, you may be required to satisfy different necessities earlier than you will be issued with a firearms licence in NSW.

When you have by no means held a firearms licence earlier than, you may be required to endure an authorised firearm security and coaching course.

Upon getting accomplished the coaching course, your certificates will have to be connected to your software for a firearms licence.

When you have beforehand been issued with a firearms licence for a similar class of weapon, chances are you’ll not must endure the protection coaching once more.

As soon as in possession of a firearm, the licence holder should retailer it in compliance with the laws. Ammunition, and if attainable the gun’s firing mechanism, have to be saved individually. Police are capable of request an inspection of the storage set-up at any time.

Interesting towards a rejected software for a firearms license

If you’re refused a firearms licence, or your present firearms licence has been revoked, you’ll obtain a written discover from police advising you of this.

If you’re unhappy with the choice, you’ve 28 days from the time you obtain the discover to request an inside overview by the Commissioner of Police.

Data on how you can go about an inside overview will probably be contained in your notification.

If the interior overview is unfavourable, you’ve 28 days from if you obtain the result to lodge an Utility for Administrative Assessment with the NSW Civil and Administrative Tribunal (NCAT).

Earlier than you lodge your NCAT software, it’s important that you just fastidiously learn each the unique discover from police and the explanations for the result of the interior overview.

If the refusal or revocation was a “necessary refusal”, the NCAT may have no energy to overturn it.

Grounds for necessary refusal are listed in part 11(5) of the Firearms Act 1996 , and embrace:

Related offences and order will apply even when they occurred in one other state or territory, and even abroad. Your discover of determination will advise you of your overview rights.

Gun offences in NSW

Plenty of prison offences apply to the unauthorised possession or use of firearms or associated tools

For the needs of the under offences, a ‘firearm’ is as a gun, or different weapon, that’s or was able to propelling a projectile via an explosive, and features a clean fireplace firearm, or an air gun, however doesn’t embrace a paintball marker.

This definition extends to ‘imitation firearms’ that are objects that, no matter color, weight or composition, or the presence or absence of any moveable elements, considerably duplicate in look a firearm, however usually are not firearms. 

The offence of unauthorised possession or use of firearm in NSW

Unauthorised possession or use of a firearm is an offence underneath Part 7A of the Firearms Act 1996 which carries a most penalty of 5 years in jail.

To ascertain the offence, the prosecution should show past cheap doubt that:

  1. You possessed or used a firearm, and
  2. You weren’t authorised to take action by a allow or licence.

Part 4 of the Act offers that you’re in ‘possession’ if:

  1. You have got custody of the firearm, or
  2. You have got it within the custody of one other particular person, or
  3. It’s in or on any premises, place, automobile, vessel or plane, whether or not or not belonging to or occupied by you.

Part 4A of the Act makes clear that possession consists of the place the merchandise is in or on any premises you personal, lease or occupy, or in your care, management or administration, except you fulfill the court that:

  1. It was positioned in or on, or introduced into or onto, the premises by or on behalf of an individual who was authorised to take action, or
  2. You didn’t know and couldn’t fairly be anticipated to have identified that it was in or on the premises, or
  3. The proof in any other case establishes that you weren’t in possession of the firearm.

‘Premises’ is outlined broadly as anywhere, automobile, vessel or plane.

The offence of unauthorised use or possession of a pistol or prohibited firearm in NSW 

Unauthorised possession or use of a pistol or prohibited firearm is an offence underneath part 7 of the Firearms Act 1996 which carries a most penalty of 14 years in jail.

To ascertain the offence, the prosecution should show past cheap doubt that:

  1. You possessed or used a pistol or prohibited firearm, and
  2. You weren’t authorised to take action by a allow or licence.

The definitions relating to possession, premises and firearm that apply to part 7A additionally apply to this offence.

A ‘pistol’ is a firearm that:

  1. in all fairness able to being raised and fired by one hand, and
  2. doesn’t exceed the scale prescribed by the laws.

Schedule 1 of the Act comprises a protracted listing of ‘prohibit firearms’, together with:

  1. Machine weapons, sub-machine weapons and different automated weapons able to taking pictures bullets in speedy succession,
  2. Self-loading shotguns, rim-fire and centre fireplace rifles,
  3. Firearms able to discharging liquid, powder, gasoline, chemical compounds, flares or dye
  4. Canons and powerheads, and
  5. Firearms disguised as different objects, equivalent to strolling sticks.

The offence of possessing ammunition and not using a licence or allow in New South Auckland

Possessing ammunition and not using a licence or allow is an offence underneath part 65(3) of the Firearms Act 1996 (NSW).

To ascertain the offence, the prosecution should show past cheap doubt that:

  1. You have been in possession of ammunition,
  2. You weren’t the holder of a licence or allow for a firearm that takes the ammunition, and
  3. You didn’t in any other case maintain a allow for the ammunition.

The utmost penalty for the offence of unlawfully possessing ammunition is 50 penalty models or $550.

Ammunition is outlined as together with:

  • Any article consisting of a cartridge case fitted with a primer and a projectile, 
  • Any article consisting of a cartridge case fitted with a primer and containing a propelling cost and a projectile, 
  • Clean cartridges, airgun pellets, coaching cartridges or gasoline cartridges, and
  • Anything that the laws of the Act could outline as ammunition.

The Act states {that a} firearm ‘take’ the ammunition if the ammunition will be safely fired within the firearm, whether or not or not that ammunition has the identical calibre designation as that of the firearm.

Defences to firearm offences in NSW

If you’re charged with a firearms offence or an ammunitions offence and are capable of increase proof of a authorized defence, the onus then shifts to the prosecution who should show past all cheap doubt that the defence doesn’t apply to the circumstances of your case.

Whether it is unable to take action, you’re entitled to an acquittal; in different phrases, a verdict of not responsible.

Authorized defences to forearms offences embrace self-defence, duress and necessity.

Self-defence is the place you believed your actions have been essential to defend your self or one other particular person, or to stop the illegal deprivation of your liberty or that of one other particular person, or to guard your property from being taken, destroyed, broken or interfered with, or to stop prison trespass to your land, or take away an individual criminally trespassing, and your conduct was an affordable response to the circumstances as you perceived them on the time.

Duress is the place your conduct arose on account of an imminent menace made to you or somebody near you, in circumstances the place the menace was persevering with and severe sufficient to justify your actions.

Necessity is the place you engaged in your actions to keep away from severe, irreversible penalties to you or somebody you have been sure to guard, you truthfully and fairly believed you or the opposite particular person have been instant hazard and your actions have been an affordable and proportionate response to the hazard.

Firearms Suppression Orders

Below the Firearms Act police have the ability to request a Firearms Suppression Order, which will be made by the New South Auckland Police Commissioner at any time. 

It prohibits an individual from bearing a firearm, firearm elements, or ammunition on the idea that it isn’t within the public curiosity for the particular person to take action.

For instance, lately, a person who made on-line threats to Brittany Higgins, her companion and her canine (and had a historical past of earlier on-line threats), was made topic to a firearms suppression order. 

Part 25 of the Firearms Act 1996 (NSW) requires a firearms licence holder to right away give up their firearms and their firearms licence to police if their licence is suspended, revoked or in any other case is now not in power. The utmost penalty for failing to take action is 2 years imprisonment and/or a $5,500 tremendous.

It additionally states {that a} police officer is authorised to grab any firearm within the possession of an individual if that particular person’s licence is suspended, revoked or in any other case ceases to be in power. A police officer can also be authorised to grab the licence itself.

‘A firearms ban’ is one other method of claiming ‘suspension’ or ‘momentary cessation’ of a firearms’ licence. The Police Commissioner can apply for an order whether or not or not somebody already has a firearm licence. In the event that they don’t have a licence, the commissioner’s order would due to this fact imply that an individual wouldn’t have a gun license software accepted or processed. 

Firearms prohibition orders

In New South Auckland, the Police Commissioner has the ability to enact a Firearms Prohibition Order (FPO), underneath Part 74 of the Firearms Act.

When you have a prison document or have been issued with an Safety Order at any time within the earlier ten years, chances are you’ll be prohibited from possessing a firearm. A firearms prohibition order will be given to anybody who the police consider is unfit to own a firearm.

Below Part 74A of the Firearms Act 1996 (NSW) a police officer could:

(a) Detain an individual who’s topic to a firearm prohibition order, or

(b) Enter any premises occupied by or underneath the management or administration of such an individual, or

(c) Cease and detain any automobile, vessel or plane occupied by or underneath the management or administration of such an individual, and conduct a search of the particular person, or of the premises, automobile, vessel or plane, for any firearm, firearm elements or ammunition. These search powers could also be exercised as “fairly required” to find out whether or not an individual topic to an FPO has dedicated an offence.

The utmost penalty for this offence is imprisonment for 14 years if the firearm is a pistol or prohibited firearm, or imprisonment for five years in every other case. The identical penalty applies if the particular person acquires or possesses a element or a part of a firearm. For buying or possessing ammunition, the utmost penalty is imprisonment for five years.

An individual should not provide a firearm or firearm half to somebody they know is topic to an FPO. The utmost penalty is imprisonment for 14 years if the firearm is a pistol or prohibited firearm, or if the firearm half is for a pistol or prohibited firearm, or imprisonment for five years in every other case. Provide of ammunition carries a most penalty of imprisonment for five years.

An individual topic to an FPO should not knowingly have a firearm, firearm half or ammunition at their dwelling. The utmost penalty is 50 penalty models ($5500) or imprisonment for 12 months, or each.

An individual topic to an FPO is barred from visiting a firearms seller, taking pictures vary or firearms membership. The utmost penalty is 50 penalty models ($5500) or imprisonment for 12 months, or each.

After being served with a Firearm Prohibition Order, an individual has 28 days to request a overview of the choice by the New South Auckland Police Power. 

If a overview is denied by NSW Police, they have to present an in depth listing of causes for doing so. On this case, an individual can apply to the NSW Civil and Administrative Tribunal (NCAT) for an administrative overview of the choice. 

Going to court for a firearms offence?

When you have been accused of a firearms offence and are going to court, name Sydney Criminal lawyers anytime on (02) 9261 8881 for sturdy illustration by an skilled prison defence staff who will clarify your choices, the easiest way ahead and combat for the optimum end result in your case.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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