Unauthorised Possession or Use of Firearms – Laws, Penalties & Defences in Australia

Unauthorised possession or use of firearms is a serious criminal offence across Australia. Strict national gun laws mean it is illegal to possess, carry, or use a firearm without the appropriate licence, permit, or legal exemption. These offences are taken seriously by courts due to the significant risk firearms pose to public safety.

Even first-time or non-violent offenders can face immediate arrest, heavy fines, and imprisonment for possessing a firearm without proper authorisation—especially if it occurs in a public place or in connection with another offence.

This guide explains what constitutes unauthorised firearm offences, how police lay charges, the court process, legal defences, and how each state and territory regulates firearms.

What Is Unauthorised Possession or Use of a Firearm?

You may be charged if you:

• Possess, carry, use, or store a firearm without the appropriate licence or permit

• Fail to comply with safe storage laws

• Possess prohibited or unregistered firearms

• Lend, sell, or supply firearms without legal authority

• Are found with a firearm in a public place or vehicle without lawful purpose

Common examples include:

• Keeping a rifle or shotgun at home without a licence

• Using a firearm for hunting or sport without registration or permit

• Possessing a stolen, unregistered, or prohibited firearm

• Storing a firearm insecurely or near children

• Carrying a replica firearm that appears real in public

The prosecution must prove:

1. You were in possession of the firearm (actual or constructive)

2. You did not hold a valid firearm licence or permit

3. You knew or ought to have known the firearm was unauthorised

How Are Charges Laid?

Police can lay charges following:

• Vehicle or property searches

• Routine firearms audits or compliance checks

• Domestic violence orders (where firearms are seized)

• Information from the public or surveillance

• Border or customs investigations

The firearm does not have to be discharged—mere possession or unsafe storage may be enough to constitute an offence.

Court Process for Firearm Possession Offences

These matters are dealt with in:

• Magistrates’/Local Court for summary offences (e.g., minor licensing breaches)

• District/County or Supreme Court for indictable matters (e.g., prohibited firearms, public danger)

Process overview

1. First appearance – Plea entered

2. Disclosure of evidence – Firearm registration, search warrant details, statements

3. Hearing or trial

4. Sentencing – Based on weapon type, licence status, and context

Aggravating factors include:

• Loaded or unsecured firearms

• Firearms used in or linked to another offence

• Repeat offending or gang association

Available Legal Defences

Common defences include:

• Valid licence or permit – You held the appropriate legal authority

• Temporary possession without knowledge – You did not know the firearm was present

• Lack of control or custody – The firearm belonged to someone else

• Duress – You were threatened or coerced into possession

• Emergency or self-defence context – Extremely limited, and rarely accepted

• Prohibited item is not technically a firearm – Misclassification or faulty prosecution evidence