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Offence title: |
Unauthorised possession of firearms in aggravated circumstances |
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Act: |
51D Firearms Act (NSW) |
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Offence: |
(1) A person who is in possession of more than 3 firearms is guilty of an offence under this subsection if:
(2) A person who is in possession of more than 3 firearms any one of which is a pistol or prohibited firearm is guilty of an offence under this subsection if:
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Penalty: |
(1) Imprisonment for 10 years (2) Imprisonment for 20 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: |
(1) Person A has three rifles he found in a shed on a property he bought. A is not licensed, and the rifles are not registered. He does not hand them in. (2) Person A has three pistols he found in a shed on a property he bought. A is not licensed, and the rifles are not registered. He does not hand them in. |
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Important note: |
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. |