Firearms & Weapons Offences

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 [VERIFY s 42]
• 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 [VERIFY]. Aggravating features include loaded weapons, presence in a public place, or connection to another offence.

What police must prove

• The item meets the statutory definition of a firearm or prohibited weapon
• The accused was in possession (physical custody or knowing control)
• The accused did not hold a current licence, permit or authority for that category
• For aggravated forms: loaded condition, public place, or other circumstance of aggravation

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 under the Crimes Act 1900 (ACT) and Crimes (Search Warrants) Act 1990 (ACT) [VERIFY]
• Duress

First appearance at the ACT Magistrates Court

Less serious firearms matters are summary offences heard in the ACT Magistrates Court. Aggravated and prohibited firearm charges are indictable and may be committed to the ACT Supreme Court. At the first mention the magistrate will check representation, deal with bail (police often oppose bail for prohibited firearms), and adjourn for the brief.

Licence consequences

A conviction or even a charge can trigger automatic suspension or cancellation of your firearms licence by the ACT Registrar of Firearms. Early legal advice protects your licence position as well as your liberty.

Speak to an ABLG firearms defence solicitor on (02) 6210 1075.

Sentencing under the Crimes (Sentencing) Act 2005 (ACT)

Firearms offences are treated as serious by ACT courts because of community safety considerations. Sentencing options range from a non-conviction order under section 17, through good behaviour orders, fines, Intensive Correction Orders and suspended sentences, to full-time imprisonment for the most serious matters. The presence of a loaded firearm in a public place, or a firearm connected to another offence, materially raises the starting point.

Storage breaches and inherited firearms

A recurring scenario in the ACT is a deceased estate or family handover where firearms are technically unauthorised at the new address. Police often treat the matter as a serious possession charge. Early ABLG involvement can frame the conduct properly, secure voluntary surrender or transfer to an authorised dealer, and avoid recorded convictions.

Search warrants and challenges to evidence

Many firearms charges depend on the legality of the search that found the weapon. The execution of warrants, the scope of the search, and the conduct of officers in seizing items can all be challenged. Where the search is unlawful, the evidence may be excluded under the discretionary exclusion principles applied in the ACT.

Effect on serving members and security personnel

For ADF members, AFP officers, ACT Policing personnel and licensed security workers, a firearms charge can trigger administrative action well before the court determines guilt. ABLG coordinates with employers and clearance authorities to protect your position throughout the proceedings.

Related criminal defence services

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

Frequently asked questions

Will I lose my firearms licence if charged in the ACT?

Charging alone can trigger suspension by the ACT Registrar of Firearms. Early representations may preserve your licence pending the outcome.

Is it illegal to store a firearm at a friend's house in the ACT?

Yes. Firearms must be stored at the address authorised on your licence, in compliance with the storage requirements of the Firearms Act 1996 (ACT).

Can I be charged for a replica or imitation firearm?

Yes. Imitation firearms are regulated and can be classified as prohibited weapons under ACT law.

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, and some martial arts implements.

Do I have to speak to police about a firearm found at my home?

No. You have the right to silence. Call (02) 6210 1075 for advice before any interview.