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Offence title: |
Unregistered firearms |
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Act: |
36 Firearms Act (NSW) |
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Offence: |
(1) A person must not supply, acquire, possess or use a firearm that is not registered. |
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Penalty: |
Imprisonment 14 years – if the firearm is a pistol or prohibited firearm. Imprisonment 5 years for all other firearms. |
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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) A person clears out their parent’s belongings and finds an old rifle in the wardrobe. The person keeps the rifle and does not get a licence or register it
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Important note: |
Defence: If the person with the firearm: (a) did not know, or could not reasonably be expected to have known, that the firearm concerned was unregistered, and (b) was not the owner of the firearm at the time of the alleged offence. A licensed firearms dealer does not commit an offence under this section of acquiring or possessing an unregistered firearm if an application for registration of the firearm is made within 24 hours after acquiring or taking possession of the firearm. A person who is a resident of another State or Territory does not commit an offence under this section of possessing or using an unregistered firearm if the firearm is registered under a law in force in that other State or Territory. |