Effect of firearms prohibition order

Offence title:

Effect of firearms prohibition order

Act:

74 Firearms Act (NSW)

Offence:

(1)   A person who is subject to a firearms prohibition order must not acquire, possess or use a firearm.

(2)   A person who is subject to a firearms prohibition order must not acquire or possess a firearm part.

(3)   A person who is subject to a firearms prohibition order must not acquire or possess ammunition for any firearm.

(4)   A person must not supply or give possession of a firearm or firearm part to another person knowing that the other person is subject to a firearms prohibition order.

(5)   A person must not supply or give possession of ammunition for any firearm to another person knowing that the other person is subject to a firearms prohibition order.

(6)   A person who is subject to a firearms prohibition order is guilty of an offence if a firearm, firearm part or ammunition for any firearm is kept or found on premises at which the person is residing.

(8)   A person who is subject to a firearms prohibition order must not without reasonable excuse attend:

1. the premises specified in a firearms dealer’s licence, or
2. a shooting range, or
3. the premises of a firearms club, or
4. any other premises of a kind prescribed by the regulations.

Penalty:

(1)   Imprisonment for 14 years for matters relating to pistols (or part of a pistol) or prohibited firearm

Imprisonment for 5 years in all other cases

(2)   Imprisonment for 14 years for matters relating to pistols (or part of a pistol) or prohibited firearm

Imprisonment for 5 years in all other cases

(3)   Imprisonment for 5 years in all other cases

(4)   Imprisonment for 14 years for matters relating to pistols (or part of a pistol) or prohibited firearm

Imprisonment for 5 years in all other cases

(5)   Imprisonment for 5 years in all other cases

(6)   Imprisonment for 12 months, fine of 50 penalty units or both

(8)   Imprisonment for 12 months, fine of 50 penalty units or both

(1)   – (5) Mixed

(6)   And (8) Summary

Jurisdiction:

(1)   – (5) Local, District or Supreme Court

(6)   And (8) Local Court

How committed:

(1)   Person A, subject to a firearms prohibition order, is given a pistol.

(2)   Person A, subject to a firearms prohibition order, buts a pistol.

(3)   Person A, subject to a firearms prohibition order, is given ammunition for a pistol he possesses.

(4)   Person B, aware that Person A is subject to a firearms prohibition order, gives Person A a pistol.

(5)   Person B, aware that Person A is subject to a firearms prohibition order, gives Person A ammunition for a pistol.

(6)   Person A, subject to a firearms prohibition order, moves in with Person B, who A knows, keeps firearms in his home.

(8)   Person A goes to the shooting range with Person B.

Important note:

Defence to (6) only:

If the defendant proves that the defendant:

1. did not know, and could not reasonably be expected to have known, that the firearm, firearm part or ammunition was on the premises, or
2. took reasonable steps to prevent the firearm, firearm part or ammunition from being on the premises.

Membership of a firearms club is not a reasonable excuse for the purposes of subsection (8).

The Commissioner of the NSW Police Force may by order exempt a person, either unconditionally or subject to conditions, from a specified provision of this section.

For the purposes of any proceedings for an offence under this section, a reference in section 4A to a firearm is taken to include a reference to a firearm part or ammunition.