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Offences

Unauthorised manufacture of firearms

Offence title:

Unauthorised manufacture of firearms

Act:

50A Firearms Act (NSW)

Offence:

(1)   A person who manufactures a firearm is guilty of an offence under this subsection unless the person is authorised by a licence or permit to manufacture the firearm.

 

(2)   A person who manufactures a pistol or prohibited firearm is guilty of an offence under this subsection unless the person is authorised by a licence or permit to manufacture the pistol or prohibited firearm.

 

Penalty:

(1)   Imprisonment for 10 years

 

(2)   Imprisonment for 20 years

 

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

(1)   Two school friends make a gun to propel oranges from PVC tubing and hairspray.

 

(2)   A schoolboy makes a gun capable of discharging a single shot in school workshop.

Important note:

Without limiting the operation of subsection (1) or (2), those subsections apply to a person regardless of whether the firearm concerned was manufactured in the course of carrying on a business.

Alternative verdict: if a magistrate or jury are not satisfied of an accused being guilty of an offence under (2) but they are of an offence under (1), then such a finding of guilt is available to magistrate or jury.

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