There are a number of firearms and dangerous weapons offences that the Police can charge someone with. If you have been charged with a firearms or dangerous weapons offence it is important that you seek legal advice as the penalties can be severe and include imprisonment sentences.
Firearms Offences
Not every person in possession of a firearm is guilty of a criminal offence. Possession of firearms is only prohibited where certain conditions are present.
A firearm is defined in section 4 of the Firearms Act 1996 (NSW) ‘as a gun or other weapon that is or at any time was capable of propelling a projectile by means of an explosive and includes a blank fire arm, and an air gun’.
In order to lawfully possess a firearm and avoid committing a criminal offence, you must possess a licence, the firearm must be registered, the firearm must be kept safe, must not be stolen or lost, or come into possession of an unauthorised person and the firearm must not be a prohibited model or type.
Explosives and other dangerous articles
Dangerous articles are defined as articles which can constitute an irritant matter in liquid, powder, gas or chemical form or any dense smoke; a fuse which can be used with an explosive or a detonator; or a detonator itself. An offence is committed if you are found with dangerous articles in your possession, whilst in a public place.
Similarly, possession of explosives is an offence if in a public place. One can also be charged with these offences when the goods are privately possessed, if you intend (or it is suspected that you intend) to utilise the explosives for an unlawful purpose.
A defence which can be put forward for offences involving both possession of explosives and other dangerous articles is that there was a reasonable excuse for possession.
In this section of our website you can read on what the law states, the penalties and defences on the following:
If you are convicted of an explosives or other dangerous articles offence or a firearms offence, it is possible to be imprisoned. As such, our criminal lawyers do not take these matters lightly – we will thoroughly investigate the charge against you and advise you of your options.
Contact our criminal law team now on (02) 9521 2222.