Possessing an unregistered firearm is a serious criminal offence across all Australian states and territories. Under strict national and state-based firearm laws, individuals must hold a valid firearms licence and ensure each firearm is lawfully registered. Failure to do so can lead to heavy fines and significant prison time.
Unregistered firearms are treated as a threat to public safety—regardless of whether the firearm is used, functional, or simply stored. Being found in possession of an unregistered firearm, even without intent to use it, is enough to face prosecution.
Charges for unregistered firearm possession can arise in various circumstances, including:
Police executing a search warrant on a home, vehicle, or business
A traffic stop where an unregistered firearm is discovered
A routine audit or inspection of a firearm licence holder
A tip-off or report from a third party
If a firearm is found and not linked to a current firearms licence or registration, the police may seize the weapon and lay criminal charges. In more serious cases—such as possession of a prohibited or automatic firearm—charges may be dealt with in higher courts and attract harsher penalties.
Arrest or summons issued by police
First court appearance in the Local or Magistrates’ Court
Plea entered (guilty or not guilty)
Matter proceeds to hearing or trial, or is finalised by plea and sentencing
If convicted, sentencing may include imprisonment, a criminal conviction, and forfeiture of the weapon
The prosecution must prove that:
You had physical possession or control of the firearm
The firearm was unregistered
You had no lawful exemption or defence
Legislation: Criminal Code Act 1995 (Cth) and Customs Act 1901
Unregistered firearms brought into Australia without declaration or registration may lead to up to 10 years’ imprisonment under federal law. These offences often apply to illegal imports, smuggling, or international trafficking.
Possible legal defences may include:
Lack of knowledge: You were unaware the firearm was in your possession (e.g. in a bag or vehicle not belonging to you)
Not a firearm: The object does not meet the legal definition of a firearm (e.g. incapable of firing)
Lawful authority: You had a temporary permit, or the firearm was being lawfully transported
Duress: You were forced to hold or transport the firearm against your will
Unintentional possession: You did not intend to possess the item and promptly handed it to authorities
Firearms Act 1996 (NSW)
Possession of an unregistered firearm, particularly a prohibited firearm, can result in up to 14 years’ imprisonment. For non-prohibited firearms, penalties include up to 5 years’ imprisonment. Summary offences may result in fines or up to 2 years in prison.
Firearms Act 1996 (VIC)
Possessing an unregistered firearm can attract up to 10 years’ imprisonment, particularly for prohibited or high-capacity weapons.
Weapons Act 1990 (QLD)
Unlawful possession of an unregistered or unlicensed firearm may lead to up to 13 years’ imprisonment, especially for restricted weapons or repeated offences.
Firearms Act 1973 (WA)
The maximum penalty is 7 years’ imprisonment and/or a $36,000 fine. WA courts often impose mandatory fines or forfeiture of the weapon for unlicensed possession.
Legislation: Firearms Act 2015 (SA) – Sections 9, 13, 32
Penalty:
Possession or use without licence: Up to 4 years’ imprisonment
Possession of prohibited or unregistered firearms: Up to 10 years
Firearms Act 1996 (ACT)
Maximum penalty includes up to 5 years’ imprisonment and/or 50 penalty units. Additional penalties apply if the firearm is loaded or used in a threatening manner.
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
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.
