Safe keeping of firearms

General Requirement:

The general requirements for persons in lawful possession of firearms and their safe keeping are contained at Section 39 of the Firearms Act 1996. Where a person fails to uphold these general requirements for safe keeping of firearms they face a maximum penalty of 2 years imprisonment and/or a fine of $5,500.00 for a prohibited firearm or pistol, or a maximum penalty of 12 months imprisonment and/or a fine of $2,200.00 for any other firearm. 

Specific Requirements:

The Firearms Act 1996 also includes specific requirements about the safe keeping of firearms depending on the class of firearms licence held. 

For category A and B firearms licence holders, the Act imposes the following requirements for safe keeping of firearms:

1. The holder of a category A or category B licence must comply with the following requirements in respect of any firearm to which the licence applies—
   1. when any such firearm is not actually being used or carried, it must be stored in a locked receptacle of a type approved by the Commissioner and that is constructed of hard wood or steel and not easily penetrable,
   2. if such a receptacle weighs less than 150 kilograms when empty, it must be fixed in order to prevent its easy removal,
   3. the locks of such a receptacle must be of solid metal and be of a type approved by the Commissioner,
   4. any ammunition for the firearm must be stored in a locked container of a type approved by the Commissioner and that is kept separate from the receptacle containing any such firearm,
   5. such other requirements relating to security and safe storage as may be prescribed by the regulations.

The maximum penalty for failing to comply with a specific requirement for a class A or B firearms licence is a $2,200.00 fine and/or imprisonment for 12 months. 

For category C, D and H firearms licences, the Act imposes the following requirements for safe keeping of firearms:

1. The holder of a category C, category D or category H licence must comply with the following requirements in respect of any firearm to which the licence applies—
   1. when any such firearm is not actually being used or carried, it must be stored in a locked steel safe of a type approved by the Commissioner and that cannot be easily penetrated,
   2. such a safe must be bolted to the structure of the premises where the firearm is authorised to be kept,
   3. any ammunition for the firearm must be stored in a locked container of a type approved by the Commissioner and that is kept separate from the safe containing any such firearm,
   4. such other requirements relating to security and safe storage as may be prescribed by the regulations.

The maximum penalty for failing to comply with a specific requirement for a class C, D and H firearms licence is a $5,500.00 fine and/or imprisonment for 2 years. 

What is Safe Keeping of Firearms?

The Firearms Act 1996 imposes strict requirements on licenced firearm holders to ensure their firearms are safely and securely stored. Where a registered firearms owner fails to take all reasonable precautions to ensure the safe keeping of a firearm, fails to ensure that the firearm is not stolen or lost and fails to ensure that the firearm does not come into the possession of a person who is not authorized to possess a firearm, they face being charged with the offence pursuant to Section 39 of the Firearms Act 1996.

For this offence, Police can either bring the charges by way of a Court Attendance Notice (requiring the person to attend Court for the offence) or by issuing a person a penalty notice in the amount of $550.00.

The following acts constitute the offence of Failure to Uphold General Obligations for the Safe Keeping of Firearms:

• Keeping firearms in your bedside table or under your pillow,
• A person with a permit storing registered firearms in a damaged or faulty gun safe,
• Storing registered firearms in a locked and restricted access safe with the safe keys hanging by the door,
• A person storing their firearm in a safe that is not approved by the Commissioner of Police or that can be easily penetrated, 
• Storing ammunition for the firearm in the same safe or container as the firearm. 

What Must Be Proven?

General Requirement:

For a person to be found guilty of offence of Failure to Uphold General Obligations for the Safe Keeping of Firearms the Prosecution must prove each of the following matters beyond a reasonable doubt:

• The person who possesses a “firearm”, 
• Failed,
• To take “all reasonable precautions” to ensure:
  • Safekeeping of the firearm, 
  • That the firearm is not stolen or lost, and 
  • That the firearm does not come into the possession of a person who is not authorised to possess the firearm. 

Specific Requirements:

For a person to be found guilty of offence of Failure to Uphold Specific Requirements for the Storage of their Firearm, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• The holder of the firearms licence, 
• Failed to comply with, 
• Requirements in Section 40 for category A and B holders, OR, 
• Requirements in Section 41 for category C, D and H holders. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a summary offence which means the offence be heard and finalised before the Local Court if dealt with by Court Attendance Notice. 

Possible Defences

The following defences may be available for a Failure to Uphold General Obligations for the Safe Keeping of Firearms charge:

• That the item was not a “firearm”, 
• The person was not “in possession” of the firearm,
• That the person took “all reasonable precautions”, 

The following defences may be available for a Failure to Comply with Specific Requirements for Firearms Licence Class:

• That the person was not a holder of a firearms licence, 
• That the firearm was stored in an approved safe that cannot be easily penetrated, 
• That the ammunition was stored in an approved locked container and kept separate from where the firearm is stored. 
• That the safe was bolted to the structure of premises where the firearm was kept, or if the receptacle weighs less than 150kg that it is fixed to prevent easy removal. 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely. 

In NSW, a Court can impose any of the following penalties for failing to uphold the general and specific requirements for storage of firearms.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for the offence of Failure to Uphold General Obligations for the Safe Keeping of Firearms might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

Whether a person will go to Gaol for failing to comply with their general or specific requirements for the safe keeping of firearms depends greatly on the circumstances of their individual matter, whether it is a standalone offence or there are other associated charges and that person’s criminal history. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.