Rules around the ownership of firearms in Australia are quite straightforward, but it is important to stick to the rules. The RMB Lawyers Criminal Division explains.
In order to own a firearm in Australia, a person must have a firearms licence. To get a adult firearms licence you must be 18 years or over, be viewed as a suitable person by the registrar, meet ID requirements and meet secure home storage and safety requirements for your firearms.
It is important that a person who owns firearms makes sure that their licence is valid, all their firearms are registered, and all their firearms are properly secured and stored safely. If this is not done, a firearms owner can face severe penalties under the relevant firearms legislation.
In NSW, the maximum penalty for having a firearm without a licence is imprisonment of14 years if the firearm is a pistol or prohibited firearm or five years imprisonment in any other case. A firearms licence can be revoked or suspended if a person is found to not be fit to hold a firearms licence. If that occurs the person must surrender their licence to the local authorities immediately.
The maximum penalty for having an unregistered firearm in NSW is imprisonment of 14 years if the firearm is a pistol or prohibited firearm or imprisonment of five years in any other case. If a person has an unregistered firearm, that person should turn it in to their local authority immediately.
In NSW, as well as other states and territories, there is an amnesty program which allows a person to turn in an unregistered firearm and not be prosecuted for having an unregistered firearm. The unregistered firearm can even be registered after it is turned in, so that it can be owned legally.
If a person is found to not be keeping their firearms in a safe and secure place as required under the law, that person can face a maximum penalty of 20 penalty units (around $2200) and/or imprisonment of 12 months. If the firearm is a prohibited firearm or pistol, the maximum penalty is 50 penalty units (around $5500) and/or imprisonment of two years. Thus, it is important that a firearm owner keeps their firearms in a safe and secure place.
RMB Lawyers has experience dealing with firearms matters. If you have been charged with firearm offences, RMB Lawyers can assist you with your case by contacting our office by phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.