Firearms & Weapons Offences

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Firearms charges in the ACT are taken seriously by police, prosecutors and the courts. A conviction can mean imprisonment, permanent loss of your firearms licence, and serious consequences for employment, particularly in policing, defence and security work. ABLG defends firearms matters across Canberra and the ACT with discretion and technical rigour.

Firearms offences under ACT law

The principal statute is the Firearms Act 1996 (ACT), supported by the Prohibited Weapons Act 1996 (ACT). Common charges include:

• Unauthorised possession of a firearm
• Possession of a prohibited firearm or pistol
• Failure to safely store a firearm
• Carrying a loaded firearm in a public place
• Possession of a prohibited weapon (knuckle dusters, certain knives, conducted electrical weapons)

Maximum penalties in the ACT

Penalties depend on the firearm category and circumstances. Unauthorised possession of a Category A or B firearm can attract up to 5 years imprisonment; prohibited firearms (Category D, machine guns, pistols without authority) can attract up to 10 years imprisonment. Aggravating features include loaded weapons, presence in a public place, or connection to another offence.

Charged with a firearms offence in the ACT? Call (02) 6210 1075 before speaking to police.

Defences available in the ACT

• Lack of possession — the firearm belonged to another occupant of the premises or vehicle
• Lawful authority — a valid licence, permit or exemption
• Momentary or innocent possession — handling for the purpose of surrender or safekeeping
• Mistake of fact — honest and reasonable belief the item was lawfully held
• Unlawful search — challenges to the legality of the search
• Duress

Related criminal defence services

• Drug supply and trafficking
• Serious indictable offences
• Police interviews and your rights

Frequently asked questions

What firearms categories exist in the ACT?

The Firearms Act 1996 (ACT) recognises Categories A, B, C, D, and H, with separate licensing requirements for each. Category H covers pistols. Prohibited firearms include machine guns and certain other categories. Each category has different licensing tests and storage requirements.

Can I be charged for inherited firearms found at my home?

Yes. Possession of firearms without authority is an offence under the Firearms Act 1996 (ACT), even where the firearms were inherited from a deceased estate. Early ABLG involvement can frame the conduct, secure voluntary surrender or transfer to a licensed dealer, and avoid recorded convictions in appropriate cases.

Will I lose my firearms licence if charged with an offence?

Often. Charging alone can trigger suspension of a firearms licence by the ACT Registrar of Firearms, particularly for firearms-related charges, violence offences, or matters involving a Family Violence Order. Early legal representations can sometimes preserve the licence pending the outcome.

What is a prohibited weapon in the ACT?

Items listed in the Prohibited Weapons Act 1996 (ACT), including certain knives, knuckle dusters, conducted electrical weapons (Tasers), pepper spray, and some martial arts implements. Imitation firearms can also be classified as prohibited weapons depending on the specific item.

Can police search my home for firearms without a warrant?

Police powers to search vehicles and premises depend on reasonable suspicion, consent, or a warrant. Searches conducted without lawful authority can lead to exclusion of evidence under the discretionary exclusion principles applied in the ACT. Each search is assessed on its own facts.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.