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Guns, knives and banned weapons

These are the laws about who can have a gun, a knife, or other weapons — and when having or using one becomes a crime. The basic rule: you need the right licence or permit for a firearm, some weapons are banned outright, and carrying a knife in public without a good reason is illegal. Because they're about public safety, these charges are taken seriously and can carry jail.

The whole idea in one picture

When a weapon becomes a charge

It usually comes down to one thing: a weapon, and no lawful right to have it. Here's how these matters tend to unfold — from the item, to the penalties.

1 · The item guns · knives · banned items 2 · Not allowed no licence · or it's banned 3 · How it's found search · stop · incident 4 · Penalties fines to years in jail

The two families of offences

These laws split into firearms (guns) and other weapons. Here's what each side commonly covers.

Firearm offences

  • Having or using a gun without a licence or permit
  • Owning an unregistered gun — even if you're licensed
  • Not storing guns safely
  • Modifying a gun to be more dangerous or hidden
  • Using a gun dangerously or recklessly

Weapon offences

  • Having banned weapons (flick knives, knuckle dusters, tasers, batons)
  • Carrying a knife in public without a good reason
  • Using any weapon while committing another crime
  • Bringing in or dealing banned weapons (a federal crime)
Worth knowing: it's not only guns. Everyday-looking items — a flick knife, a baton, even a replica or a gel blaster in some states — can be "prohibited weapons" that are illegal to simply have.

Explore each offence

Each of these has its own page with the detail in plain language:

How a charge usually starts

A firearm or weapon charge most often follows one of these:

How it comes to light

  • A search warrant on your property
  • A weapon found during a routine stop
  • An incident involving threats, violence or possession

What it depends on

  • The type of weapon involved
  • Whether you had a licence or permit
  • How it was used, and any harm or threat

What happens at court

Where the case is heard depends on how serious it is:

  1. Lower-level matters — like unsafe storage or carrying a knife — are usually handled in the local or magistrates' court.
  2. Serious matters — like possessing a prohibited firearm or using a weapon in another crime — move up to a higher court.
  3. Sentencing — the penalty turns on the weapon, the circumstances, and your history.
Choose your state

Penalties where you are

New South Wales

NSW
Most serious cases — top of the scale
Up to 14 years in jail

The top end is for serious offences like possessing a prohibited firearm without authority.

Read this as a ceiling, not a forecast. Penalties in this area cover a huge range. The top figures apply to serious firearm offences; many weapon matters — like a knife in public or a storage breach — sit far lower, often at fines or short terms.
Lower-level offences

Which court

Common defences

Every case turns on its own facts, but these are the kinds of arguments a lawyer might use:

You didn't know

You were unaware the weapon was in your possession.

Lawful purpose

You had a genuine reason — like a licensed security guard or farmer.

Temporary possession

You only held it briefly to prevent harm.

Unlawful search

The weapon was found through an improper search or police misconduct.

Charged with a weapon offence? Talk to a lawyer.

These charges range from minor to very serious — we can point you to criminal lawyers who handle firearm and weapon matters in your state.

Read this first

This is general information, not legal advice

This page explains how these charges generally work — it can't tell you what will happen in your case. Penalties shown are the legal maximums, which courts rarely reach for lower-level matters. If you've been charged, talk to a criminal lawyer before deciding anything.

Criminal lawyers

Hiring a Criminal Lawyer is Essential if You’ve Been Charged

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.