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Sydney NSW 2000
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Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
Contact Armstrong Legal:
Sydney: (02) 9261 4555
In NSW, it is a requirement of firearm owners to take all reasonable precautions to ensure that the firearm is kept in safekeeping, that it doesn’t get lost or stolen and that it does not come into possession of a person who is not authorised to possess the firearm.
A contravention of the above requirements can carry up to 50 penalty units in fines and 2 years imprisonment depending on the type of firearm involved. There are different requirements for safekeeping depending on the category of firearm licence that you hold.
In NSW, a court can impose any of the following penalties for this charge:
The offence of Unregistered Firearms is contained in section 39 of the Firearms Act 1996 which states: A person who possesses a firearm must take all reasonable precautions to ensure:
Maximum penalty: 50 penalty units or imprisonment for 2 years, or both, if it is established beyond reasonable doubt that the firearm concerned was a prohibited firearm or a pistol, or 20 penalty units or imprisonment for 12 months, or both, in any other case.
To convict you of not keeping a firearm safely, the prosecution must prove each of the following matters beyond a reasonable doubt:
Possible defences to failing to keep a firearm safely include but are not limited to:
This matter is a summary matter and will be heard in the Local Court.
Intensive correction order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
Periodic detention (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Suspended sentence: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Community service order(CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Good behaviour bond: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Section 10: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.