Offences
- Offence of unauthorised possession or use of pistols or prohibited firearms
- Offence of unauthorised possession or use of firearms generally
- Unregistered firearms
- Requirements relating to registered firearms
- Alteration of notice of registration
- General requirement – Safe keeping of firearms
- Firearms dealers must be licensed
- Prescribed persons not to be involved in firearms dealing business
- Unauthorised manufacture of firearms
- Acquisition of firearm parts
- Giving possession of firearms or firearm parts to unauthorised persons
- Restrictions on supply of firearms
- Restrictions on acquiring firearms
- Supplying firearms on an ongoing basis
- Restrictions on supply of firearm parts
- Supplying firearm parts on an ongoing basis
- Unauthorised possession of firearms in aggravated circumstances
- Possession of digital blueprints for manufacture of firearms
- Stolen firearms or firearm parts
- Remote controlled possession and use of firearms
- “On-the-spot” inspection of firearms by police
- Disposal of firearms by unauthorised persons
- Unsafe firearms
- Shortening firearms
- Converting firearms
- Restrictions where alcohol or other drugs concerned
- Supply, acquisition and possession of ammunition
- Supply of ammunition by firearms dealers—additional requirements
- Defaced or altered firearms or firearm parts
- Pawning of firearms prohibited
- Licence or permit must be produced on demand
- Requirement to notify change of address
- False or misleading applications
- Misuse of licences and permits
- Using forged or fraudulently altered licence or permit to obtain firearm
- Falsifying or altering records
- Effect of firearms prohibition order
- Possession, supply or making of explosives
- Causing danger with firearm or spear gun
- Firing at dwelling-houses or buildings
- Trespassing with or dangerous use of firearm or spear gun
- Possession of unregistered firearm in public place
Prescribed persons not to be involved in firearms dealing business
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Offence title: |
Prescribed persons not to be involved in firearms dealing business |
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Act: |
44A Firearms Act (NSW) |
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Offence: |
(1) If a licensed firearms dealer (a) employs a prescribed person in the business that is authorised by the licence, or (b) permits a prescribed person to act as an agent for, or participate in the management of, that business, the firearms dealer and the prescribed person are each guilty of an offence. |
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Penalty: |
Imprisonment for 14 years |
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Summary/Indictable/mixed: |
Mixed |
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Jurisdiction: |
Local, District or Supreme Court |
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How committed: |
Employer A takes on employee B without requiring a criminal history check. |
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Important note: |
Defence: If the firearms dealer can prove he/she did not know and could not reasonably be expected to know, the person was a prescribed person. prescribed person means: (a) has had their firearms licence revoked within the preceding 10 years, or (b) has been convicted, anywhere, of an offence prescribed by the regulations within the preceding 10 years, or (c) has, within the preceding 10 years had an application for a firearms licence refused or permit, revoked for either or both: i. the Commissioner is not satisfied the person is fit and proper person to be trusted to with firearms without being a danger to the public, ii. the Commissioner considers the issue of a licence would be contrary to public interest, or (d) is subject to an apprehended domestic violence order, (e) is subject to one of the following in relation to an offence prescribed by the regulations: i. a good behaviour bond in NSW or elsewhere, ii. a community correction order imposed in NSW, iii. a conditional release order imposed in NSW, or (f) subject to a firearms prohibition order, or (g) is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.
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