The NSW gun buyback and unauthorised firearm offences.

The reforms in short.

The buyback is the next step in a set of firearms reforms NSW brought in after the terrorist attack at Bondi Beach on 14 December 2025. The state tightened its gun laws through the Terrorism and Other Legislation Amendment Act 2025 (NSW): fewer firearms per licence, shorter licence terms, tighter checks, and the reclassification of some firearm types. The buyback then pays licence holders to return the firearms those changes put out of reach.

Most reporting has been about the money. The part that matters more to a licence holder is the law that runs alongside it. Once a firearm is reclassified, or once a person holds more firearms than the new cap allows, the authority to possess that firearm can fall away. When authority falls away, possession becomes an offence. The buyback and the standing firearms amnesty are the two lawful ways out.

This article sets out how the buyback works, which firearms are caught, what a prohibited firearm is, and the offences a person commits by keeping a firearm they are no longer allowed to hold. It also explains the amnesty and the protection it gives to someone handing a firearm in.

How does the NSW gun buyback work?

The scheme runs in two phases and is administered by NSW Police. Phase 1 starts on 2 November 2026. It pays a fixed price to individual licence holders who are over the new limit for their licence, or who hold a firearm that has been reclassified, so they can return it for compensation. There is also a flat fee for associated ammunition. The published rates run from about $450 for an air rifle up to $1,000 for a revolver or a centrefire rifle, with shotguns and rimfire rifles in between.

Phase 2 begins in early 2027. It gives a pathway to compensation for higher-value firearms, those with an indicative market value above $3,000, capped at $10,000 per firearm. The Commonwealth and NSW are splitting the cost of the scheme in half, and the Commonwealth is funding the destruction of the surrendered firearms. There is a separate support package for dealers and businesses that have to adjust to the new rules.

The buyback is a compensation scheme, not a charge. Returning a firearm through it is a lawful way to deal with a firearm you can no longer keep. The point to hold onto is the date. From the day a reclassification or a limit takes effect, a firearm you are no longer authorised to hold is a firearm you are not allowed to possess. The buyback gives you a route to hand it over and be paid, rather than simply being left with something unlawful.

Which firearms are being reclassified or capped under the new NSW gun laws?

Firearms in NSW are sorted into categories, from Category A at the lower end through to Category H for pistols. The category sets what licence you need and how the firearm is treated. The reforms move some firearms up into stricter categories and put hard numbers on how many a person can hold.

On the public information about the changes, straight-pull, pump-action and lever-release firearms are being reclassified into Category C, which is largely restricted to primary producers. Semi-automatic air guns move into Category B. Firearms that can take belt-fed ammunition are being prohibited outright. There are also magazine limits, and a general cap of four firearms per person, with a higher limit of ten for primary producers and sports shooters. Standard licence terms drop from five years to two, which brings the safety and suitability checks around twice as often.

The practical effect is that a firearm a person lawfully held last year can sit outside their licence this year. Nothing about the firearm has changed. What has changed is the class it falls in, or the number the person is allowed to hold. That is the group the buyback is built for, and it is the group most at risk of drifting into an offence without meaning to.

What is a prohibited firearm in NSW?

A prohibited firearm is a firearm described in Schedule 1 of the Firearms Act 1996 (NSW). The schedule lists the firearm types the law treats as the most dangerous, such as machine guns, self-loading rifles, and certain shotguns. A pistol is dealt with in the same serious bracket for the main possession offence. Whether a firearm is prohibited is a question of what is on the schedule, not a question of whether the holder is a good or careful person.

This matters because the penalty turns on the class of firearm. Unauthorised possession of a pistol or a prohibited firearm is the top of the range. Unauthorised possession of an ordinary firearm sits below it. When the reforms push a firearm into a prohibited class, they also push it into the more serious offence if the holder keeps it without authority.

A prohibited firearm is not the same thing as a prohibited weapon. Prohibited weapons, such as tasers and knuckledusters, sit under the Weapons Prohibition Act 1998 (NSW). We deal with those separately in our note on prohibited weapons in NSW. The two regimes overlap in the public mind but they are different Acts with different offences.

What happens if you keep a firearm you are no longer allowed to hold?

This is the risk the reforms create. The main offence is unauthorised possession. Under section 7 of the Firearms Act 1996 (NSW), a person who possesses or uses a pistol or a prohibited firearm without a licence or permit faces a maximum of 14 years imprisonment. Under section 7A, a person who possesses or uses any other firearm without authority faces a maximum of 5 years. Both are serious indictable offences, and both can be dealt with in the District Court.

Possession is not only about carrying. It covers having a firearm in your custody, or in a place you occupy or control for your own use. The prosecution has to prove you knew the firearm was there. That knowledge requirement comes from He Kaw Teh v The Queen (1985) 157 CLR 523, the leading High Court case on knowledge in possession offences. A licence holder who knows the firearm is in the gun safe plainly has possession. The knowledge element bites in the harder cases, such as a firearm left by someone else.

There is a separate offence for the registration side. Every firearm in NSW must be registered under section 33 of the Act, and keeping an unregistered firearm is an offence in its own right. It becomes much more serious in aggravated circumstances, for example where the firearm is unregistered and connected to other offending, which we cover in our note on unregistered firearms under section 51D. A person caught by the reforms who does nothing is exposed on both fronts: the firearm may be unlawful to possess and, once cancelled, unlawful to keep registered to them.

Is there a firearms amnesty in NSW, and does it protect me?

Yes. NSW takes part in the permanent National Firearms Amnesty, which has run since 1 July 2021. Under the amnesty a person can surrender an unregistered, unwanted or unlawfully held firearm, firearm part or ammunition without being prosecuted for the illegal possession. The amnesty is not the same as the buyback. The buyback pays compensation for specific firearms caught by the reforms. The amnesty is a standing protection for handing firearms in.

The protection is practical. It covers the person who is in possession of an unregistered firearm for the purpose of surrendering it. Without it, the act of carrying the firearm to the station could itself be the offence. The safe course is simple. Ring your nearest police station or a participating licensed dealer first. Keep the firearm unloaded and secured, wrapped and separate from any ammunition, and follow the directions you are given. Do not turn up unannounced with a loaded firearm.

What the amnesty does not do is erase other offences. It protects you from a charge for the unlawful possession you are curing by handing the firearm in. It does not give an immunity for a shooting, a supply, or a firearm used in another crime. If a firearm has a history, get advice before you surrender it, because the item itself can become evidence.

What is a firearm prohibition order?

A firearm prohibition order, or FPO, is a police order that bans a person from having anything to do with firearms. A person subject to an FPO commits an offence by acquiring, possessing or using a firearm, and the penalties are high. An FPO also carries strong search powers. Police can search a person subject to an FPO, and their vehicle or premises, for firearms without a warrant. These orders are separate from the buyback, but they sit in the same part of the Act and they are worth knowing about, because a person who ignores the reforms may find themselves both in breach and easier to search.

The broader point is that firearms law in NSW is strict liability in feel, even where the offences require knowledge. The system runs on licences, registration and authority. When the authority is removed, whether by a reclassification, a cancelled licence, or an FPO, the lawful possession that existed the day before is gone. The reforms are one more way authority can be removed, and the buyback is the state's way of managing the fallout.

What this means if you hold firearms affected by the reforms.

If you hold a licence, check your firearms against the new categories and the new limits before the changes bite. The state estimates about 50,000 licence holders are affected, so the group is large and most of them have done nothing wrong. The trap is not intent. It is inaction. A firearm that quietly falls outside your licence is a firearm you can be charged for keeping, even though you held it lawfully a week earlier.

If you are affected, the lawful routes are clear. Return the firearm through the buyback for compensation, surrender it under the amnesty, or otherwise deal with it in a way your licence still allows, all before the change takes effect. Keep records of what you hand in and when. If you are already facing a firearms charge, or police have contacted you about a firearm, the earlier the advice the better. If police want to interview you, our free guide on the recorded police interview explains how those answers are later used. Firearms cases turn on authority, knowledge and the class of the firearm, and each of those is a place where a defence can be built.

Frequently asked.

Do I have to hand in my registered firearm under the NSW gun buyback?

Only if the firearm is now above your ownership limit or has been reclassified so that your licence no longer covers it. Firearms you are still authorised to hold do not have to be surrendered. If you are affected, you can return the firearm through the buyback for compensation, or otherwise deal with it lawfully before the change takes effect. Check your position against your licence category and the NSW Government's buyback guidance.

Will I be paid for firearms I surrender in the buyback?

Yes. Phase 1, from 2 November 2026, pays a fixed price for firearms above the new limits or newly reclassified, plus a flat fee for ammunition. The published rates run from about $450 for an air rifle to $1,000 for a revolver or a centrefire rifle. Phase 2, from early 2027, offers a pathway for higher-value firearms with a market value above $3,000, capped at $10,000 per firearm.

Can I be charged if I take a gun to a police station to hand it in?

The permanent National Firearms Amnesty protects a person who possesses an unregistered firearm for the purpose of surrendering it. You should ring the station or a licensed dealer first, keep the firearm unloaded and secured in transit, and follow their directions. The amnesty removes the risk of a possession charge for handing the firearm in. It does not wipe out separate offences, such as an earlier shooting.

What is the penalty for unauthorised possession of a firearm in NSW?

Under section 7 of the Firearms Act 1996 (NSW), possessing or using a pistol or a prohibited firearm without authority carries a maximum of 14 years imprisonment. Under section 7A, possessing or using any other firearm without authority carries a maximum of 5 years. Both are serious indictable offences and both can be dealt with in the District Court.

What is the difference between a prohibited firearm and a prohibited weapon in NSW?

A prohibited firearm is a firearm listed in Schedule 1 of the Firearms Act 1996 (NSW), such as a machine gun or a self-loading rifle. A prohibited weapon is a different category of item, listed in Schedule 1 of the Weapons Prohibition Act 1998 (NSW), covering things like tasers, knuckledusters and certain knives. They sit under separate Acts with separate offences.

Primary sources: the reforms and the buyback are set out on the NSW Government gun buyback page. The offences are in the Firearms Act 1996 (NSW). Sentencing guidance is in the Judicial Commission's firearms and prohibited weapons benchbook. On knowledge in possession, see He Kaw Teh v The Queen (1985) 157 CLR 523 on JADE. The amnesty is administered by NSW Police.

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 17 August 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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