News · Criminal law explainer
Does a criminal record affect a gun licence in NSW?
For licensed firearm owners, and for people hoping to get a licence, a criminal charge raises an immediate question about eligibility. In New South Wales firearms licensing is governed by the Firearms Act 1996 (NSW), and the rules on character and history are strict. This note explains which offences affect eligibility, the bans that apply, and what a charge can do to an existing licence.
By Aaron Kernaghan · Published 3 September 2026
Yes. Under the Firearms Act 1996 (NSW), a person is not eligible for a firearms licence if they have been convicted of a prescribed offence, such as a violence or firearms offence, within the last 10 years, and certain convictions and AVOs disqualify a person. A charge or an apprehended violence order can also affect an existing licence, which can be suspended or revoked.
Who is eligible for a firearms licence?
To hold a firearms licence in New South Wales a person must be a fit and proper person and must not be disqualified. The Act sets out situations that make a person ineligible, focused on their criminal history, any apprehended violence orders, and their general suitability.
The scheme is protective. The starting point is that firearms are dangerous and licensing is a privilege, so a person's history is examined closely.
Which offences disqualify you?
A person is not eligible if they have been convicted of a prescribed offence within the last 10 years. Prescribed offences include offences involving violence, firearms, and certain drug and other serious offences. Some convictions and orders have a disqualifying effect for that ten-year period.
So a relevant conviction does not necessarily bar a person for life, but it can bar them for 10 years from the conviction. The exact effect depends on the offence.
How do AVOs affect a licence?
An apprehended violence order has a direct effect. A person who is subject to an AVO, and for a period after an AVO ends, is generally not eligible to hold a firearms licence, and an existing licence is affected. This is why AVOs matter to licence holders even though an AVO is not a criminal conviction.
The making of an AVO can therefore cost a person their licence, at least for a time, separately from any criminal charge.
What happens to an existing licence?
A charge, a conviction, or an AVO can lead to an existing licence being suspended or revoked, and to firearms being seized. The Firearms Registry can act on information about a licence holder's conduct and history, and a person can be required to surrender their firearms.
So the effect is not limited to new applications. An existing licence holder who is charged or made subject to an AVO can lose their licence and their firearms.
What should you do?
If you hold a firearms licence and are charged, or an AVO is sought against you, get advice early, because both the criminal matter and the licence are in play. The outcome of the criminal case can affect eligibility, and there may be steps to take about the firearms.
Our notes on AVOs and firearms prohibition orders explain related powers that can affect a person's access to firearms.
Frequently asked.
Does a criminal record stop me getting a gun licence in NSW?
It can. Under the Firearms Act 1996 (NSW), a person is not eligible if convicted of a prescribed offence, such as a violence or firearms offence, within the last 10 years, and certain convictions and orders disqualify a person.
Do AVOs affect a firearms licence?
Yes. A person subject to an AVO, and for a period after it ends, is generally not eligible to hold a firearms licence, and an existing licence is affected, even though an AVO is not a criminal conviction.
Can I lose my existing licence if I am charged?
Yes. A charge, conviction, or AVO can lead to an existing licence being suspended or revoked and to firearms being seized. The effect is not limited to new applications.
How long does a disqualifying offence last?
A conviction for a prescribed offence generally makes a person ineligible for 10 years from the conviction, rather than for life, though the exact effect depends on the offence.
What should I do if I hold a licence and am charged?
Get advice early. Both the criminal matter and the licence are in play, the criminal outcome can affect eligibility, and there may be steps to take about your firearms.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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