highest quality legal defence
Ph: 02 9261 8640
For urgent requests, phone
0412 423 569 (24 hours)
Suite C4, Ground Floor,
185 Elizabeth St, Sydney
NSW 2000 Australia
Criminal Law Newsletter
Personal Firearms Licensing
This article focuses on the licensing regime for personal firearms in New South Wales. There are substantial similarities between the law in New South Wales and other States and Territories (following the Commonwealth's legislative amendments in 1996) although there is invariably scope for variance in the detail for each jurisdiction.
In New South Wales, it is an offence to posses a prohibited firearm (carrying up to 14 years imprisonment) and an offence to posses an unlicensed firearm (punishable by up to five years of imprisonment).
Licence Applications
In New South Wales, the Police maintain the Firearms Register and are responsible for issuing firearm licences. All licence applications must be made by first telephoning the Firearms Registry on 1300 362 562, who will then post the relevant forms out to you. The application requires details of your personal history, such as whether you have previously been convicted of an offence involving violence or drugs, or if you are the subject of an Apprehended Violence Order or a Good Behaviour Bond.
New applicants for a personal firearms licence must also attend a safety training course and satisfy the Commissioner's delegate that you will keep any firearms in a safe and secure place. Another important part of obtaining a personal firearms licence is the identification of "Genuine Reason" for the licence. This reason may be:
- Sport/Target Shooting;
- Business or Employment (such as a security guard or commercial fisher);
- Recreational Hunting/Vermin Control (this category could be used by a commercial hunter);
- Rural Occupation (for a person employed on a farm who cannot apply under the primary production reason);
- Primary Production (used for farming and grazing purposes only on land the applicant owns);
- Animal Welfare (this category may be appropriate for a veterinarian);
- Vertebrate Pest Animal Control; or
- Firearms Collection (used by collectors of firearms).
It is possible to claim more than one reason when applying for a licence.
Personal firearms licences are further divided into different categories that reflect different forms of firearms (such as pistols or long arms). Certain forms of weapons (fully automatic weapons being an obvious example) would be incapable of being licensed except in very specific situations.
Further Information
Should you wish to apply for a sporting firearm licence, shooting clubs are a good source of information (and may be able to assist you in applying for a licence). Alternatively, if you are applying for pest control or primary production, speaking to a lawyer with licensing experience may be faster (and less expensive) than having to engage a commercial pest hunter.
Regardless of what form of licence you seek, it would be prudent to speak to an expert if you feel that there are special reasons that warrant your application. It is also very important to understand the restrictions of any licence you do obtain, as the penalties for deliberately breaching a licence can be severe.
Archive
Bail
Arrest and Police Powers
Child Sex Offender Registration
The Criminal Offence of Larceny
Possessing a Drug Offence
New speeding penalties introduced
The impact of victims of crime statements
AVOid violence with an AVO
Assault charges carries serious consequences
How to survive the Highway Patrol
Pleading "not guilty" to speeding
Prevention is the key to tackling bushfire crimes
