Charged with unauthorised possession or use of a firearm.

The legislative source.

The two offences sit on the same possession framework but distinguish on what is possessed.

"Pistol" and "prohibited firearm" are defined in s 4 of the Act and include handguns, fully automatic firearms, certain pump-action and semi-automatic rifles and shotguns, and others listed in Schedule 1. The 14-year maximum reflects the legislative position that these firearms carry a greater public-safety risk.

"Firearm" under s 7A covers other firearms (registered category A and B firearms held without a licence or permit, for example). The maximum is significantly lower, but the offence is still indictable.

Possession can be physical (in your hand, in your bag) or constructive (in your car, in your home, in premises under your control). The Crown must prove knowledge of the presence of the firearm; mere presence at a property where a firearm was found is not enough.

Penalties and likely outcomes.

s 7 (pistol or prohibited firearm).

Maximum 14 years on indictment. For a first-offence s 7 matter with no aggravating features (firearm secured, no use, no link to other offending), an ICO of 18 to 30 months is achievable. Where the firearm was loaded, accessible, or linked to other offending (drug supply, intimidation), full-time custody is the realistic outcome.

s 7A (other firearm).

Maximum 5 years. For a first-offence s 7A matter (unlicensed possession of a longarm in regional circumstances, for example), a CCO or short ICO is realistic. The matter can be dealt with summarily in the Local Court (2-year jurisdictional limit) unless elected up.

Sentencing factors.

The firearm itself (type, condition, loaded or not, accessible or not), the surrounding circumstances (link to other offending, response to police), and the subjective case (no prior record, lawful prior use in rural setting, mental health context) all bear on the sentence.

Defences and arguments worth running.

Lack of knowledge.

The Crown must prove the accused knew of the presence of the firearm. Where the firearm was in a shared residence and the accused was not the owner of the firearm or of the room or cupboard where it was found, the knowledge element can be challenged. Joint possession requires actual knowledge.

Authority.

If the accused was authorised by a licence or permit, the offence is not made out. Licence categories (A, B, C, D, H) carry different authority. Where the licence has expired by oversight but the licence-holder reasonably believed they were authorised, an honest-and-reasonable-mistake defence may be available.

Lack of identification of the firearm.

Where the prosecution must prove the firearm is a pistol or prohibited firearm under s 7, expert evidence on the firearm's classification is run. Where the classification is contested, the alternative verdict under s 7A is engaged.

Search and seizure.

Where the firearm was found on the execution of a search warrant, the validity of the warrant is the first issue. Defects in the warrant or its execution may produce a section 138 *Evidence Act* exclusion argument.

What we do for clients facing this charge.

The first task is to identify what was seized and where it was found. The firearm itself goes to the NSW Police Ballistics Unit; we obtain the ballistics report and verify the classification.

For matters where the firearm classification is squarely in issue, an independent expert is briefed. For matters where the underlying offending is contested (search-warrant validity, knowledge), the brief is run hard on the contested elements.

For matters that resolve on plea, the focus is on the surrounding circumstances and the subjective case. Where the matter is connected to other offending (drug supply, AVO contraventions), the strategy is to resolve the entire factual matrix together rather than fragment the negotiation.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with unauthorised possession of a firearm in the first hour.

What evidence police usually rely on.

The firearm itself (tendered or photographed), the registry search showing the absence of an authority, and the witness statements of the seizing officers.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• Any authority paperwork that may exist (current or expired), and any explanation for the location or storage of the firearm.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Moving or storing other licensed firearms differently "to be safe." Police may attend again to inventory.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. If you held the authority at the relevant time, a defence on the elements is available. An early plea is rarely the right call before the registry search is reviewed.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · unauthorised firearm possession matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.