Criminal legal Australia

Possession of Unregistered Firearms in Australia

Australia has some of the strictest firearm laws in the world, and safe storage of firearms is not optional — it’s a legal requirement. Every licensed firearm owner must ensure that their firearms and ammunition are stored securely in accordance with strict statutory regulations.

Failure to do so is known as an unsafe storage or safekeeping offence, and it can lead to heavy fines, cancellation of your firearm licence, seizure of weapons, and even imprisonment — especially if a child gains access to the firearm or the weapon is used in another offence.


What Constitutes Unsafe Storage?

Each state and territory outlines specific rules, but common breaches include:

  • Storing a firearm in an unlocked cabinet or room

  • Failing to separate firearms and ammunition

  • Leaving a firearm unattended in a vehicle

  • Allowing others (especially unlicensed persons or children) access to the firearm

  • Failing to report theft or loss of a firearm promptly

Safe storage requirements vary depending on the category of firearm (A, B, C, D, or H) and whether the premises are residential, rural, or commercial.


How Charges Are Laid

Police or firearms registry officers may inspect storage arrangements:

  • During licence audits or routine checks

  • Following a report or complaint

  • If a firearm is used in an offence or stolen from your premises

If the storage method fails to meet legislative requirements, charges may be laid immediately — often alongside other firearms or criminal charges.


Defences to Unsafe Storage Charges

Common defences include:

  • Reasonable excuse (e.g. fire, forced entry, or recent move)

  • Compliance at the time — arguing the storage method met the legal standard

  • Mistaken identity or lack of control over the area (e.g. shared premises)

  • Duress or emergency situation requiring temporary non-compliance

Penalties are still possible even if no harm resulted — the law focuses on risk, not just outcome.

Penalties by State and Territory – Unauthorised Firearm Offences in Australia

 

New South Wales (NSW)

Firearms Act 1996 (NSW)
Unsafe storage can attract fines of up to $5,500 for a first offence and 2 years’ imprisonment if the firearm is a prohibited weapon or if a child gains access. Repeat offences carry higher penalties and potential licence cancellation.

Victoria (VIC)

Firearms Act 1996 (VIC)
Penalties include fines of over $9,200 and up to 2 years’ imprisonment for serious breaches. The offence is aggravated if the firearm was loaded or accessible to a child.

Queensland (QLD)

Weapons Act 1990 (QLD)
Failure to securely store firearms or ammunition can result in up to 2 years’ imprisonment or fines exceeding $6,000. The law distinguishes between minor and aggravated storage breaches.

Western Australia (WA)

Firearms Act 1973 (WA)
Breach of storage requirements can result in up to 3 years’ imprisonment and fines of $12,000 or more, depending on the class of firearm and circumstances of the breach.

South Australia (SA)

Firearms Act 2015 (SA)
Unsafe storage attracts fines up to $10,000 and/or 2 years in prison. Additional penalties apply if the breach results in theft or access by minors.

Australian Capital Territory (ACT)

Firearms Act 1996 (ACT)
Penalty includes up to 2 years’ imprisonment and/or 50 penalty units. Repeat or aggravated breaches (e.g. access by a child) lead to harsher sentences.

Important Disclaimer

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.

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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.