Home Criminal Law New South Wales Offences Firearms Offences (NSW)

Firearms Offences (NSW)

Michelle Makela

Firearms Offences (NSW)

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.

If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Go To Court Lawyers.

Fernanda Dahlstrom

Content Editor

Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.

Michelle Makela

Legal Practice Director

Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.

Home Criminal Law New South Wales Offences Firearms Offences (NSW)

Michelle Makela

Legal Practice Director

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Michelle Makela

Firearms Offences (NSW)

2025 changes

Unauthorised possession of firearm

Possession of prohibited firearms

Unregistered firearms

Safekeeping of firearms

Storage requirements

Firearms Prohibition Orders

Jurisdiction

Fernanda Dahlstrom

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