Possession of Firearms / Ammunition
Possessing a firearm without a valid licence or failing to keep to the terms of a licence may see you charged with an array of offences.
Penalties will differ depending on the category of the firearm, whether it is a prescribed firearm and / or whether the offence(s) are aggravated.
An aggravated offence includes but is not limited to
- Whether the firearm was loaded, concealed or connected to drug matters
Maximum penalties range from fines to 15 years imprisonment.
Power of police to ask questions in relation to firearms
The police powers in relation to asking questions, searching premises and / or persons are very wide and if in the event you do not answer questions in relation to your name, address, date of birth and refuse to provide evidence of your identity, you will be charged. Fear of self incrimination is not a defence.
Maximum penalty is a fine of $20,000 or imprisonment for 4 years.
Possession of replica Firearms
An imitation or replica firearm is one that does contain a mechanism that imitates a real loading or firing one .
In some instances a replica may be considered to not fit the definition by the Registrar of Firearms, and may, if satisfied, not class it as a replica. A modification to prevent a projectile is not enough for it to be exempt from the definition.
The penalties for possessing a replica firearm will vary as consideration is given as to what type of firearm it is a replica of.
In some instances the matter may be dealt with in the Magistrates Court, however may also be dealt with in the District Court.
Storage of Firearms
Firearms and ammunition must be stored and transported in a certain way. If in the event they are not, an offence is committed, That can occur whether you have a licence or not.
Maximum penalties range from a fine up to 15 years’ imprisonment.
Possess Prohibited Weapon /Possess Dangerous Article
A prohibited weapon or dangerous article cannot be possessed with an exemption. An exemption is issued for a specific purpose and only where certain conditions apply to each individual item. Ie: security officers, emergency workers, religious purposes, family heirlooms etc.
Weapons may consist of knives of a certain description as set out in the Summary Offences Regulations 2016, similarly, daggers and other weapons such as nunchakus, slingshots, extendable batons, knuckle dusters etc
- Prohibited weapons carry maximum penalties that range from $20,000 or imprisonment for 2 years.
- Dangerous articles include self-protecting spray (pepper spray), gas injector devices, blow gun, electric shock device (taser) etc
- Dangerous article possession carries penalties that range from a maximum penalty of Maximum penalties may range from $7,500 or imprisonment for 18 months.
If however you have possession of it in, on or near licensed premises, the offence has offence has a maximum penalty of $10,000 or imprisonment for 2 years.