An allegation may arise where police allege that a person possessed a firearm without holding the appropriate licence or permit, possessed a firearm belonging to another person, or had a firearm located at premises under their control.

At Chidiac & Associates, we provide strategic criminal defence representation to individuals facing firearms charges throughout Sydney and New South Wales. We understand the serious consequences that can follow a firearms conviction and the importance of carefully examining the circumstances in which the firearm was located, who had possession or control of it and whether the Prosecution can establish the necessary elements of the offence.

We approach every matter with meticulous preparation, detailed analysis of the Prosecution evidence and a commitment to protecting our clients' rights throughout the investigation, court proceedings and sentencing process.

What is Unauthorised Possession of a Firearm?

The principal offence of unauthorised possession of a firearm is contained in section 7A of the Firearms Act 1996 (NSW).

Section 7A provides that a person must not possess or use a firearm unless authorised to do so by a licence or permit. The maximum penalty is 5 years' imprisonment.

The legislation also creates a more serious offence under section 7 where the firearm is a pistol or prohibited firearm. That offence carries a maximum penalty of 14 years' imprisonment.

Unauthorised possession may arise in circumstances where a firearm is allegedly found:

• at a person's home;
• in a vehicle;
• in a garage or storage area;
• on rural or other land;
• in a bag or container;
• in another person's property under the accused person's control; or
• in another location where police allege the accused had possession or control of the firearm.

The Prosecution must prove the relevant elements of the offence beyond reasonable doubt.

Legislation — Section 7A Firearms Act 1996 (NSW)

Section 7A provides:

A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.

The maximum penalty is:

5 years' imprisonment

Section 7A also applies where a person holds a firearms licence but:

• uses a firearm for a purpose other than the genuine reason established for possessing or using it; or
• contravenes a condition of their licence.

Section 7 — Pistols and Prohibited Firearms

A separate and significantly more serious offence is contained in section 7 of the Firearms Act 1996 (NSW).

Section 7 provides that a person must not possess or use a pistol or prohibited firearm unless authorised to do so by a licence or permit.

The maximum penalty is:

14 years' imprisonment

Section 7 also applies where a licensed person uses a pistol or prohibited firearm for a purpose other than the genuine reason established for possessing or using it, or contravenes a condition of their licence.

The classification of the firearm can therefore have a substantial effect upon the seriousness of the charge and the potential penalty.

What is a Firearm?

The Firearms Act 1996 contains detailed definitions of firearms and prohibited firearms.

The legislation also provides that certain defective, incomplete or obstructed firearms can still be treated as firearms for the purposes of the Act. A collection of component parts capable of being assembled into a firearm may also be treated as a firearm in certain circumstances.

Whether an item constitutes a firearm for the purposes of the legislation can therefore become an important issue in some Prosecutions.

Elements of Unauthorised Possession of a Firearm

To establish a charge under section 7A, the Prosecution must prove the required elements beyond reasonable doubt.

1. The Item Was a Firearm

The Prosecution must establish that the object alleged to be possessed was a firearm within the meaning of the Firearms Act 1996.

This may involve evidence concerning:

• the type of firearm;
• its operation;
• its condition;
• its components;
• whether it was capable of firing; and
• expert or forensic examination.

In some cases, the classification and condition of the firearm may become an important issue.

2. The Accused Was in Possession of the Firearm

The Prosecution must establish that the accused person possessed the firearm.

Possession does not necessarily require a person to be physically holding the firearm.

Section 4A of the Firearms Act 1996 contains specific provisions concerning proof of possession. A firearm is taken to be in a person's possession when it is in or on premises owned, leased or occupied by, or in the care, control or management of, that person, subject to specified circumstances.

The definition of premises extends to places including a vehicle, vessel or aircraft.

This means that possession can become a significant issue where a firearm is discovered in a location accessible to multiple people.

3. The Accused Was Not Authorised to Possess the Firearm

The Prosecution must establish that the accused person was not authorised by a licence or permit to possess the firearm.

This may involve evidence concerning:

• the accused's firearms licence;
• the category of licence;
• the firearm specified or authorised under the licence;
• the validity of the licence;
• any applicable permit;
• conditions attached to the licence or permit; and
• whether an exemption applies.

The particular circumstances of the licence or permit can therefore be central to the Prosecution case.

Possession Does Not Necessarily Mean Physical Possession

A person does not necessarily have to be physically holding a firearm to be alleged to be in possession of it.

For example, police may allege possession where a firearm is found:

• inside a person's home;
• in a bedroom;
• in a garage;
• in a vehicle;
• in a storage area; or
• elsewhere on premises under the person's control.

Section 4A creates specific rules concerning proof of possession. However, the legislation also identifies circumstances in which the presumption does not apply, including where the person did not know and could not reasonably be expected to have known that the firearm was present, or where the evidence establishes that the person was not in possession of it.

This can make knowledge, control and access important issues in the defence.

Knowledge of the Firearm

Where a firearm is discovered in premises occupied or controlled by several people, the issue of knowledge may become particularly important.

A defence may need to examine:

• who had access to the premises;
• who had access to the room or area where the firearm was found;
• who owned or controlled the firearm;
• whether the accused knew the firearm was present;
• when the firearm was brought onto the premises;
• whether another person had possession of it; and
• whether the accused exercised any control over the firearm.

The Prosecution must prove its case in accordance with the applicable provisions of the Firearms Act 1996.

Registered Firearms and Unauthorised Possession

A firearm being registered does not necessarily mean that any person can lawfully possess it.

The Firearms Act 1996 establishes both a licensing system and a registration system.

A person generally requires the appropriate authority to possess or use a firearm, and firearms are subject to registration requirements.

Accordingly, a firearm may be registered but still be unlawfully possessed by a person who is not authorised to possess it.

Unregistered Firearms

A separate offence exists under section 36 of the Firearms Act 1996 concerning unregistered firearms.

Section 36 provides that a person must not supply, acquire, possess or use a firearm that is not registered.

The maximum penalty is:

• 14 years' imprisonment where the firearm is a pistol or prohibited firearm; or
• 5 years' imprisonment in other cases.

Section 36 also contains a specific defence concerning circumstances where the accused did not know, and could not reasonably have been expected to know, that the firearm was unregistered, together with an ownership requirement.

A person facing a firearms charge should therefore obtain advice about precisely which offence has been charged.

What the Prosecution Must Prove

The Prosecution bears the burden of proving the charge beyond reasonable doubt.

For an allegation under section 7A, the Prosecution must establish:

1. The item was a firearm
   The Prosecution must establish that the object falls within the statutory definition of a firearm.
2. The accused possessed the firearm
   The Prosecution must establish possession in accordance with the applicable provisions of the Firearms Act 1996.
3. The accused was not authorised to possess the firearm
   The Prosecution must establish that the accused did not have the necessary licence or permit, or that the alleged possession was otherwise outside the authority provided.
4. The accused was responsible for the relevant possession or conduct
   Where possession is disputed, the evidence connecting the accused to the firearm must be carefully examined.

If the Prosecution fails to establish an essential element beyond reasonable doubt, the accused person should be acquitted.

Defending Unauthorised Possession of Firearms Charges

A firearms possession allegation requires a detailed examination of how the firearm was discovered and the evidence connecting the accused to it.

Depending upon the circumstances, possible defence issues may include:

• the accused did not possess the firearm;
• the accused did not know the firearm was present;
• another person owned or possessed the firearm;
• another person placed the firearm on the premises;
• the accused did not have control over the firearm;
• the firearm was discovered in an area accessible to multiple people;
• the accused held a valid licence or permit;
• the firearm fell within an applicable exemption;
• the item was not a firearm within the meaning of the legislation;
• the firearm's classification is disputed;
• the Prosecution evidence is unreliable;
• the search or seizure should be challenged;
• challenging forensic evidence;
• challenging fingerprint or DNA evidence;
• challenging CCTV or other identification evidence; or
• identifying inconsistencies in the Prosecution case.

The precise defence will depend upon the evidence and circumstances of the individual matter.

Possession and Multiple Occupants

Cases involving firearms discovered in shared premises can be particularly complex.

For example, a firearm may be discovered in a house occupied by several adults, in a shared vehicle or in a common storage area.

The defence may need to investigate:

• who lived at the premises;
• who had access to the area;
• who had keys;
• who owned or controlled the firearm;
• who had access to the relevant container;
• who knew the firearm was present;
• when the firearm came into the premises; and
• whether there is evidence linking the accused to the firearm.

The mere fact that a firearm was discovered at a premises does not necessarily answer every question concerning possession.

Evidence in Firearms Cases

Firearms Prosecutions can involve extensive forensic and circumstantial evidence.

The Prosecution may rely upon:

• police photographs;
• search warrants;
• CCTV footage;
• body-worn video;
• fingerprint evidence;
• DNA evidence;
• forensic examination of the firearm;
• firearms expert evidence;
• registration records;
• firearms licence records;
• telephone or telecommunications evidence;
• admissions;
• witness statements; and
• evidence concerning ownership and control of the premises.

At Chidiac & Associates, we carefully examine the evidence relied upon by the Prosecution and identify weaknesses or inconsistencies that may assist the defence.

Challenging the Search and Seizure

The circumstances in which a firearm was discovered may be highly relevant.

The defence may need to examine:

• whether police had a valid warrant;
• the terms and scope of the warrant;
• whether police complied with applicable requirements;
• where the firearm was located;
• how the firearm was seized;
• how it was stored and handled;
• whether forensic procedures were properly followed; and
• whether evidence obtained during the search should be challenged.

The admissibility and reliability of evidence should be assessed on the particular facts of the case.

Penalties for Unauthorised Possession of Firearms

The penalty depends upon the particular firearm and the offence charged.

General Unauthorised Possession — Section 7A

For unauthorised possession or use of a firearm generally under section 7A, the maximum penalty is:

5 years' imprisonment

Pistols and Prohibited Firearms — Section 7

Where the allegation involves a pistol or prohibited firearm under section 7, the maximum penalty is:

14 years' imprisonment

This distinction is extremely important because the classification of the firearm can significantly affect the seriousness of the charge and potential sentencing outcome.

Local Court Penalties

Sections 7 and 7A of the Firearms Act 1996 are listed in Table 2 of Schedule 1 to the Criminal Procedure Act 1986 (NSW).

Where the matter is dealt with summarily in the Local Court, section 268 of the Criminal Procedure Act 1986 provides a specific maximum fine of 50 penalty units for offences under sections 7 and 7A of the Firearms Act 1996.

The current NSW penalty unit is $110.

Accordingly:

50 penalty units × $110 = $5,500

The Local Court maximum for a section 7A offence is therefore:

Up to 2 years' imprisonment and/or a fine of up to $5,500

For a section 7 offence involving a pistol or prohibited firearm, the Local Court's maximum term is also subject to the summary jurisdiction limits, while the maximum penalty available if the matter proceeds on indictment is 14 years' imprisonment.

Sentencing for Unauthorised Possession of Firearms

If a person is convicted of unauthorised possession of a firearm, or enters a plea of guilty, the court will consider the circumstances of both the offending and the offender when determining the appropriate sentence.

Factors may include:

• the type and classification of the firearm;
• whether the firearm was loaded;
• whether ammunition was present;
• the number of firearms involved;
• how the firearm was stored;
• where the firearm was located;
• the circumstances in which the firearm came into the person's possession;
• the length of time the firearm was possessed;
• whether the firearm was used or displayed;
• whether the firearm was connected with other criminal activity;
• the offender's criminal history;
• any previous firearms offences;
• the offender's personal circumstances;
• their prospects of rehabilitation;
• their level of remorse;
• whether they entered an early plea of guilty; and
• any other relevant aggravating or mitigating circumstances.

Firearms offences are treated seriously by the courts, and effective sentencing advocacy requires careful preparation of the offender's personal circumstances and the circumstances surrounding the offending.

Firearms Prohibition Orders

A person charged with or convicted of a firearms offence may also face the possibility of being made subject to a Firearms Prohibition Order (FPO).

A Firearms Prohibition Order is a separate legal measure under Part 7 of the Firearms Act 1996 (NSW). It is not itself a sentence imposed by a court for the underlying firearms offence.

Under section 73 of the Firearms Act 1996, the Commissioner of Police may make a Firearms Prohibition Order if, in the opinion of the Commissioner, the person is not fit, in the public interest, to be permitted to have possession of a firearm. The legislation also expressly permits an FPO to be made in respect of a person who had possession of or used a firearm immediately before it was seized.

The fact that a person has been charged with a firearms offence does not, by itself, mean that an FPO will automatically be made. Whether an FPO is made depends upon the statutory requirements and the circumstances considered by the Commissioner.

What is the Effect of a Firearms Prohibition Order?

Once a Firearms Prohibition Order is personally served on a person, it takes effect and prohibits that person from possessing or using firearms.

This can have significant consequences for a person's ability to:

• possess firearms;
• use firearms;
• retain firearms already in their possession;
• acquire firearms;
• participate in shooting activities; and
• maintain or obtain firearms-related licences or permits.

An FPO is therefore capable of having consequences extending well beyond the criminal prosecution for the original firearms offence.

Police Powers in Relation to Firearms Prohibition Orders

Firearms Prohibition Orders also give police significant powers to enforce the prohibition.

The legislation provides specific powers concerning the search for firearms and other relevant items in connection with persons subject to an FPO. These powers are separate from the ordinary investigation and prosecution of the underlying firearms offence.

This means that a person subject to an FPO may be exposed to ongoing police attention and searches for firearms even after the original criminal proceedings have concluded.

The existence and scope of these powers should be carefully explained to anyone who is subject to, or is at risk of being made subject to, an FPO.

Penalties for Breaching a Firearms Prohibition Order

Breaching a Firearms Prohibition Order is itself a criminal offence under section 74 of the Firearms Act 1996 (NSW).

A person must not possess or use a firearm in contravention of an FPO.

The maximum penalty on summary conviction is:

2 years' imprisonment and/or 50 penalty units

The maximum penalty on conviction on indictment is:

10 years' imprisonment where the firearm is a prohibited firearm or pistol

or

5 years' imprisonment in any other case

The current NSW penalty unit is $110, meaning that 50 penalty units is:

50 × $110 = $5,500

Accordingly, a breach of an FPO can expose a person to a fine of up to $5,500 and/or 2 years' imprisonment when dealt with summarily.

The consequences can be substantially more serious where the matter proceeds on indictment and involves a prohibited firearm or pistol.

Presumption of Possession Under a Firearms Prohibition Order

Section 74 contains an important provision concerning firearms discovered on premises.

Where a firearm is found in or on premises, a person subject to an FPO who was, at the time of the finding or recently before it, in or on or in occupation of those premises may be taken to have possessed the firearm in the absence of proof to the contrary.

This can make an FPO particularly significant where a person lives at or regularly occupies premises where firearms are present.

The circumstances surrounding the firearm, the person's knowledge, occupation of the premises and evidence concerning who actually possessed or controlled the firearm may therefore become important issues.

Firearms Prohibition Orders and Existing Firearms Licences

An FPO can also have significant consequences for a person's firearms licence and ability to lawfully possess firearms.

Once a person becomes subject to an FPO, they cannot lawfully possess or use firearms in contravention of the order.

Firearms and licences may therefore need to be surrendered, and police have powers concerning the seizure of firearms in circumstances covered by the legislation.

This can be particularly significant for people whose employment, business, sporting activities or recreational activities involve firearms.

Can a Firearms Prohibition Order Be Reviewed?

A Firearms Prohibition Order is an administrative decision rather than a criminal conviction.

The Firearms Act 1996 contains provisions concerning the administrative review of FPO decisions. Importantly, the availability of review can depend upon the person's circumstances and whether they are otherwise a person who would be required to be refused a firearms licence or permit.

Recent amendments have also changed the external review framework for firearms-related decisions. As of 1 July 2026, NSW Police states that external NCAT appeal rights have been removed for firearms-related decisions generally, except decisions to make a Firearms Prohibition Order, while internal review processes remain available.

Anyone who receives an FPO should obtain specific legal advice about the available review rights and applicable time limits.

Firearms Prohibition Orders and Criminal Defence

The possibility of a Firearms Prohibition Order should be considered separately from the criminal charge itself.

A person may need advice about two distinct issues:

1. the criminal prosecution, including whether the prosecution can prove the alleged firearms offence beyond reasonable doubt; and
2. the Firearms Prohibition Order, including whether an order has been made or may be made and what review rights may be available.

A successful defence of the underlying criminal charge does not necessarily mean that every firearms-related administrative issue will automatically disappear.

Conversely, the making of an FPO should not be treated as a criminal conviction.

The circumstances surrounding the alleged offence, the person's criminal history, firearms history and the evidence relied upon by police may all be relevant to the broader firearms-related proceedings.

How We Can Help With a Firearms Prohibition Order

At Chidiac & Associates, we can advise clients not only about the criminal firearms charge but also about the potential consequences for their firearms licence and the possibility of a Firearms Prohibition Order.

We can assist with:

• advising whether an FPO has been made or may be made;
• reviewing the circumstances relied upon by police;
• advising about the effect of an FPO;
• advising about the interaction between an FPO and firearms licensing;
• advising about review rights;
• assisting with administrative review processes where appropriate;
• defending allegations of breaching an FPO;
• examining evidence concerning alleged possession;
• challenging identification and possession evidence; and
• providing advice concerning the ongoing consequences of an FPO.

Where a person has been served with an FPO, it is particularly important that they obtain legal advice before possessing, using, acquiring or otherwise dealing with any firearm.

Important: An FPO Is Separate From the Criminal Sentence

A Firearms Prohibition Order should not be confused with the sentence imposed for an unauthorised firearms possession offence.

A person may face:

• the criminal prosecution for unauthorised possession;
• a potential sentence if convicted;
• the loss, suspension or refusal of a firearms licence;
• seizure or disposal of firearms; and
• a separate Firearms Prohibition Order.

These consequences can operate alongside one another and may continue to affect a person's firearms rights after the criminal proceedings have finished.

For this reason, obtaining advice about the criminal charge and the firearms licensing/FPO consequences together can be important.

Preparing Your Defence

Firearms matters require careful examination of both the physical evidence and the circumstances surrounding possession.

At Chidiac & Associates, we assist clients by:

• analysing the Prosecution evidence;
• reviewing search warrants and police records;
• examining the circumstances in which the firearm was located;
• investigating ownership and possession;
• reviewing firearms licensing and registration records;
• analysing fingerprint and DNA evidence;
• reviewing CCTV and body-worn video;
• examining forensic and expert evidence;
• identifying weaknesses in the Prosecution case;
• investigating potential statutory defences and exemptions;
• negotiating with the Prosecution where appropriate;
• preparing for contested hearings and trials; and
• presenting sentencing submissions where a conviction occurs.

Our approach is built on meticulous preparation, strategic advice and strong courtroom advocacy.

How We Can Help With Unauthorised Firearms Charges

At Chidiac & Associates, we understand that a firearms charge can have serious consequences for a person's liberty, criminal record, employment and ability to hold a firearms licence in the future.

We can assist with:

• advice during police investigations;
• advice before participating in a police interview;
• bail applications;
• developing defence strategies;
• analysing firearms and forensic evidence;
• challenging possession allegations;
• reviewing search and seizure issues;
• examining licensing and registration issues;
• negotiating with the Prosecution where appropriate;
• defending the charge in the Local Court;
• preparing matters for the District Court;
• trial representation;
• sentencing submissions; and
• appeals where appropriate.

Our approach is built on thorough preparation, strategic decision-making and persuasive courtroom advocacy.