Our expert criminal lawyers for the possession of a prohibited firearm offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Possess Prohibited FirearmÂ
Any offence involving guns is extremely serious. It puts you at serious risk of being sentenced to prison, potentially for a long time unless you have a good criminal lawyer. Possess prohibited firearm charges can be beaten, especially if there is no DNA or fingerprints on the firearm. Most people do not walk around with a pistol in their holster. It can be difficult for the police to prove a gun is yours if it’s found in a home or car used by more than one person.
Australian Criminal Law Group are experts at defending gun charges and for these sorts of offences you need an experienced criminal lawyer to handle your case. It can be the difference between freedom and prison.
If you intend to plead guilty to possessing a prohibited firearm, our criminal lawyers prepare the strongest possible sentencing cases. We use the best counsel to lower the sentence and keep you out of jail.
Read more about having no conviction recorded.
Pleading not guiltyÂ
You will be found not guilty of the offence of possessing a prohibited firearm if the police cannot prove beyond a reasonable doubt:
- You knowingly possessed or used a prohibited firearm/pistol.
- You were not authorised to do so by a licence or permit.
Possession of a firearm includes any case in which a person knowingly has custody of the firearm, or has the firearm in the custody of another person. It also includes the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
You can read more information about pleading not guilty here.
Where the police allege you had exclusive possession of a pistol, but the pistol is found in a communal place, police must negate possession on the part of any other person, e.g. other occupants of the house in which you live or in a car to which multiple people had access.
The main defences to this charge include:Â
- Self-defence,Â
- Honest mistake,
- Permission to own the weapon.Â
Pleading guiltyÂ
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty.
You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors to have you plead guilty to less serious facts, or even to a less serious charge.
You can read more about pleading guilty here.
The charge of possessing a prohibited firearm carries a maximum penalty 14 years imprisonment in the District Court. These penalties are typically reserved for the worst offenders.
Possessing a prohibited firearm is an extremely serious offence and carries a standard non-parole period. If you are charged with possessing a prohibited firearm, you should contact our office immediately.
You can read about all the sentencing options that a court has, including about not having a conviction recorded here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your break-and-enter-with-intent charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
Case Studies
Client Avoids Jail for Possessing 9mm Pistol
Our lawyer represented a client charged with possessing a 9mm pistol. The case against him involved significant amounts of intercepted phone calls in which he was heard sourcing the firearm. Our lawyer obtained additional calls not initially disclosed by the police. These demonstrated that our client was in fear for his safety at the time he sought to obtain the firearm. Police records of a home invasion against him were also obtained. The sentencing judge found that our client was under significant stress at the time he sourced the pistol and did not send him to jail.
Suspended Sentence Secured for Unauthorised Firearm Offences
Our lawyer represented a man charged with two counts of possessing an unauthorised firearm each carrying a sentence of 14 years imprisonment. The judge took into account that the man had given evidence in unrelated matters. The judge also found that him having the guns was for the purpose of protection. Even though still illegal the judge took this into account and gave a two-year suspended sentence.
Intensive Correction Order for Possession of Eight Prohibited Firearms
Our lawyer represented a young man charged with possessing 8 prohibited firearms. He was stopped by police and the firearms were found in his car. Evidence was called to establish that our client had no criminal associations or criminal record. It was established that he was a keen hunter and firearm enthusiast, who had legally obtained weapons. The court accepted our clients’ actions. They were not typical of similar cases where there is a risk the firearms will be used for illegal activity. The court accepted the weapons formed part of a collection exclusively used for otherwise legal hunting. The court imposed and intensive correction order and did not send our client to jail.