By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.
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In New South Wales, there are a number of criminal offences related to the misuse of firearms. This page outlines firearms offences in New South Wales and the penalties that apply.
2025 changes
In December 2025, the New South Wales government passed the Terrorism and Other Legislation Amendment Bill 2025.
This Bill made extensive changes to the state’s legislation surrounding firearms, including the Firearms Act 1996, the Crimes Act 1900 and the Weapons Prohibition Act 1998.
The changes include limiting the number of firearms that a person may possess to four (with exceptions), prohibiting belt-fed magazine firearms, and reclassifying certain rifles as Category C firearms.
The changes were passed in the wake of a mass shooting at a Hannukah celebration at Bondi beach in December 2025, which left fifteen people dead.
Unauthorised possession of firearm
Under Section 7A of the Firearms Act, a person must not possess or use a firearm without a licence or permit. The maximum penalty for this offence is imprisonment for five years.
Possession of prohibited firearms
Under Section 7(1) of the Firearms Act, a person must not possess a prohibited firearm or pistol unless authorised by a permit or licence.
Prohibited firearms include machine guns, sub-machine guns, self-loading shotguns, some pump-action shotguns, and belt-fed magazine firearms.
The maximum penalty for this offence is imprisonment for 14 years.
Unregistered firearms
Under Section 36(1) of the Firearms Act, a person must not supply, acquire, possess or use a firearm that is not registered.
The maximum penalty for this offence is five years imprisonment unless the firearm is a prohibited firearm or pistol in which case the maximum penalty is 14 years imprisonment.
Safekeeping of firearms
Under Section 39 of the Firearms Act, a person commits an offence if they fail to take all reasonable precautions to ensure the safekeeping of a firearm and to ensure it is not lost or stolen and that it does not come into the possession of someone who is not authorised to use it.
The maximum penalty for this offence is a fine of 20 penalty units or imprisonment for 12 months or both. If the firearm is a prohibited firearm or pistol the maximum penalty is a fine of 50 penalty units or imprisonment for two years or both.
Storage requirements
Under section 41 of the Firearms Act, it is an offence for the holder of a firearms licence to fail to store the firearms according to the requirements for the firearm whenever it is not in use.
This offence is punishable by a maximum penalty of a fine of 50 penalty units, imprisonment for two years, or both.
Firearms Prohibition Orders
A Firearms Prohibited Order prohibits a person from possessing a firearm. Such an order may be made if a person is, in the opinion of the Commissioner, not fit to possess a firearm.
A person who is the subject of a Firearms Prohibition order must not acquire, possess or use a firearm. Doing so in contravention of an order is an offence punishable by a maximum penalty of five years imprisonment or 14 years imprisonment if the firearm is a prohibited firearm or a pistol.
It is also an offence to supply a person who is subject to a Firearm Prohibition Order with a firearm or for such a person to live at premises where firearms are kept. Such a person must also not, without reasonable excuse, attend a shooting range or a firearms club.
Jurisdiction
The above offences can be dealt with summarily (in the Local Court) if both defence and prosecution agree to this. In the Local Court, the maximum penalty that can be imposed for a single offence is two years imprisonment.
If defence and prosecution do not agree to a matter being dealt with summarily, it will be dealt with in the District Court, where much longer penalties are available.
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