It is an offence to purchase, possess or use a firearm that is not registered.
Section 36(1) of the Firearms Act 1996 (NSW) states:
A person must not sell, purchase, possess or use a firearm that is not registered.
Penalty
The maximum penalty for dealings with unregistered firearms is 10 years imprisonment if the firearm is a prohibited one or is a pistol, and 5 years imprisonment in any other case.
Defences to this charge
There are several defences to this charge. These include:
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You did not know, or could not reasonably be expected to have known, that the firearm concerned was unregistered, and you were not the owner of the firearm at the time of the alleged offence.
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A licensed firearms dealer does not commit an offence under this section of purchasing or possessing an unregistered firearm if an application for registration of the firearm is made within 24 hours after acquiring the firearm.
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A person who is a resident of another State or Territory does not commit an offence under this section of possessing or using an unregistered firearm if the firearm is registered under a law in force in that other State or Territory.
How can Prime Lawyers help you?
If you or someone that you know has been charged with an offence relating to an unregistered firearm, speak to one of our criminal lawyers immediately. We are experienced in dealing with these matters. We will advise you on your legal options in dealing with this charge and fight vigorously at court to protect your rights.