Causing danger with firearm or spear gun

Offence title:

Causing danger with firearm or spear gun

Act:

93G Crimes Act (NSW)

Offence:

Any person who:

1. possesses a loaded firearm or loaded spear gun,
   1. in a public place, or
   2.  in any other place so as to endanger the life of any other person, or
2. fires a firearm or spear gun in or near a public place, or
3. carries or fires a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person,

commits an offence.

Penalty:

Imprisonment for 10 years

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

Person A takes rifle to the local park

Important note:

Defence:

A person is not guilty of an offence if the person satisfies the court that he or she had a reasonable excuse for possessing it or doing it or possessed it or did it for a lawful purpose.

For the purposes of this section:

(a)   a firearm is to be regarded as being loaded if there is ammunition

1.   in its chamber or barrel, or
2.   in any magazine or other device which is in such a position that the ammunition can be fitted into its chamber or barrel by operation of some other part of the firearm, and

(b)   a spear gun is to be regarded as being loaded if a spear, or an instrument or thing similar to a spear, is fitted to it.