Possession of Unregistered Firearm in Public Place

The offence of ‘Possession of Unregistered Firearm in Public Place’ is contained at Section 93I(1) of the Crimes Act 1900. The offence carries a maximum penalty of 10 years imprisonment. Where the offence is committed in circumstances of aggravation outlined at Section 93I(3) of the Crimes Act 1900 the maximum penalty is 14 years imprisonment. 

What is Possession of an Unregistered Firearms in a Public Place?

The Crimes Act 1900 makes it an offence for a person to be in Possession of an Unregistered Firearm in a Public Place. As above, the maximum penalty for the offence varies depending on whether there are any circumstances of aggravation being where the offence involves:

• The possession of more than one unregistered firearm, or
• The possession of an unregistered firearm that is a “pistol”, or 
• The possession of an unregistered firearm that is a “prohibited firearm”. 

The following acts constitute Possession of Unregistered Firearm in Public Place:

• Taking an unregistered firearm to the park to practice shooting, 
• Having 2 or more unregistered firearms in your vehicle when parked at a shopping centre,
• Having a Firearms Permit for one firearm but taking an additional unregistered firearm to the park to practice shooting. 

What Must Be Proven?

For a person to be found guilty of Possession of Unregistered Firearm in Public Place the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That the Defendant “possessed”, 
• An “unregistered firearm”, 
• In a “public place”, 
• Without authorization under the Firearms Act 1996 to possess the firearm. 

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

Definitions:

The Act defines a “firearm” as a gun, or other weapon that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 nor anything declared in the Firearms Regulation 2017 to not be a firearm. 

Section 7 of the Crimes Act 1900 deems a person to be in “possession” of the firearm if they had the property in his or her custody, or knowingly has any such property in the custody of another person, or knowing has any such property in a house, building, lodging, apartment, field, or other place, whether belonging to or occupied by himself or herself or not, and whether such property is there had or placed for his or her own use, or use of another. 

A “public place” is defined by the Crimes Act 1900 to be the place deemed public for the purpose of the enactment or taken to be otherwise within the meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.

“Unregistered firearm” means a firearm that is not registered under the Firearms Act 1996 but does not include any such firearm that is not required to be registered under that Act. 

Which Court Will Hear the Matter?

This offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Possible Defences to Possession of Unregistered Firearm in Public Place:

The following defences may be available for a possession of unregistered firearm charge:

• That the Defendant was not in “possession” of the firearm, 
• That the item possessed was not a “firearm”, 
• That the firearm was not possessed in a “public place”, 
• That the firearm was registered with the Firearms Registry. 

Common Questions about Possession of Unregistered Firearm in Public Place:

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a charge of Possession of an Unregistered Firearm in a Public Place.

• 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 Possession of an Unregistered Firearm in a Public Place 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 the offence of Possession of an Unregistered Firearm in a Public Place depends very much on the circumstances of their individual matter, and whether the offence has any circumstances of aggravation. It may also depend on whether the charge is finalized in the Local or the District Court, with the District Court having a longer Gaol term available as a sentencing option (up to 14 years imprisonment for circumstances of aggravation or 10 years imprisonment for an ordinary case) compared to the Local Court (up to 2 years in the case of one sequence or 3 years in the case of multiple offences). 

For example, someone who was in possession of 2 unregistered prohibited firearms in a busy shopping centre with a prior record of violent offending or a prior record of unregistered / possess prohibited firearms offences would be treated more harshly and is more likely to receive a term of imprisonment as their sentence compared to a person who possessed one unregistered firearm in a large, empty public park with no prior criminal history. 

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