Criminal, Police & Traffic Law
Firearms Offences
Firearms Offences
Within Australian Law, the ability to own a firearm is considered to be a privilege, not a right. As such, there are strict guidelines and procedures around licencing, registration and possession and failure to act accordingly in-line with these may result in serious charges.
Our team of experienced solicitors will be able to assist you at every step of the way, so get in touch for a free initial consultation to learn more about your legal standing in this area of law.
Here, charges and penalties depend on the type of firearm possessed or used:
Category A
- Air guns
- Paint-ball firearms
- Rimfire rifles (not including self-loading rifles)
- Shotguns (not including self-loading or pump-action shotguns)
- Break-action combination shotguns and rimfire rifles
Category B
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- Muzzleloading firearms (not including handguns)
- Revolving chamber rifles
- Centrefire rifles (not including self-loading centre fire rifles)
- Multiple barrel centre fire rifles that are not designed to hold additional rounds in a magazine
- Break action combination shotguns and rifles (not including break-action combination shotguns and rimfire rifles)
- All other firearms (not including prescribed firearms, handguns, self-loading firearms or pump-action shotguns) that are not category A firearms
Category C
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- Self-loading rimfire rifles having a magazine capacity of 10 rounds or less
- Self-loading shotguns having a magazine capacity of 5 rounds or less
- Pump-action shotguns having a magazine capacity of 5 rounds or less
Category D
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- Self-loading rimfire rifles having a magazine capacity of more than 10 rounds
- Self-loading centrefire rifles
- Self-loading shotguns having a magazine capacity of more than 5 rounds
- Pump-action shotguns having a magazine capacity of more than 5 rounds
Category H
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- Handguns (not including prescribed firearms)
Prescribed Firearm
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- Automatic firearms
- Mortars, bazookas, rocket-propelled grenades and similar
- Military firearms designed to fire explosive projectiles
- Firearms designed to fire projectiles containing tear gas or any other lachrymatory substance or any nauseating substance or poison (but not firearms designed to tranquillise, immobilise or administer vaccines or other medicines to animals)
- Firearms designed to have the appearance of other objects
- Any other firearms declared by the regulations to be prescribed firearms
An act will be considered aggravated if:
- The firearm was loaded (irrespective of whether you knew that it was loaded)
- The firearm near ammunition suitable for use in the firearm
- you concealed the firearm near or on your person
- you committed the offence in connection with illicit drugs