The dangerous use of a firearm is a serious criminal offence across all Australian jurisdictions. It refers to using, handling, or discharging a firearm in a way that endangers or threatens the safety of others — whether in a public place, private property, or during an altercation.
Even if no one is injured, the reckless or unsafe use of a firearm can result in arrest, criminal charges, and long-term imprisonment. Police and courts treat these matters as high-risk to public safety, and penalties are especially severe when firearms are used to intimidate or in the commission of another offence.
Examples include:
Firing a weapon in a public area (e.g. street, park, or near a home)
Pointing a firearm at another person, regardless of intent
Firing warning shots during a dispute or argument
Recklessly discharging a gun while hunting or on rural property
Possessing a loaded firearm in a vehicle
Using a firearm while intoxicated
Any use that causes fear, alarm, or risk of injury
A firearm does not need to be discharged for the offence to occur — intent, threat, or unsafe handling may be enough.
Criminal Code Act 1995 (Cth)
Use of a firearm in connection with federal crimes (e.g. terrorism, smuggling) can lead to up to 25 years’ imprisonment, depending on the offence and intent.
Police may lay charges based on:
Eyewitness reports
CCTV or mobile phone footage
Ballistics or forensic evidence
Admissions during interviews
Involvement in other crimes (e.g. armed robbery, domestic violence)
In serious cases, individuals may be refused bail and held in custody until trial.
Police charge and firearm seizure
Initial court appearance in the Local or Magistrates’ Court
Charges may be committed to a higher court for serious indictable offences
Trial or sentencing, depending on plea and evidence
Firearm prohibition orders may also be issued
The court considers the risk posed, prior criminal history, whether the firearm was registered, and any injuries or damages caused.
Common defences include:
Lack of intent – the discharge was accidental
Self-defence or necessity – where there was a credible threat of harm
No actual firearm used – false identification or toy replica
Insufficient evidence – prosecution cannot prove possession or use
Lawful use – use was authorised or in a controlled environment (e.g. shooting range)
These defences depend heavily on the facts of the case and must be supported by evidence or witness testimony.
Firearms Act 1996 (NSW)
Dangerous use of a firearm in a public place or in a manner likely to cause injury can result in up to 10 years’ imprisonment. If used to threaten or harm, penalties rise to 14 years or more, especially where it constitutes part of a more serious offence (e.g. robbery).
Firearms Act 1996 (VIC) and Crimes Act 1958 (VIC)
Reckless or dangerous discharge of a firearm attracts up to 10 years’ imprisonment, or 15 years if it causes injury. Aggravated offences (e.g. in family violence settings) may exceed these penalties.
Weapons Act 1990 (QLD) and Criminal Code 1899 (QLD)
Discharging a firearm in a dangerous manner can lead to up to 14 years’ imprisonment. If the act is part of a violent or public offence, further charges may apply.
Firearms Act 1973 (WA)
Unlawful discharge of a firearm in public or in a manner causing danger can result in up to 7 years’ imprisonment and/or $36,000 in fines. Stricter penalties apply if the weapon is prohibited.
Firearms Act 2015 (SA)
Dangerous or reckless discharge of a firearm is punishable by up to 10 years’ imprisonment, with mandatory reporting and possible firearm bans for repeat offenders.
Firearms Act 1996 (ACT)
Improper or dangerous use of firearms carries a maximum penalty of 5 years’ imprisonment, plus firearm licence revocation.
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 licensed criminal lawyer.
