Section 93I Crimes Act 1900 | Possession of Unregistered Firearm


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If you own or possess a firearm, you are required to abide to certain conditions under the law.

These conditions include registering the firearm with the relevant Firearms Registry in your state and using it only for lawful purposes in an appropriate place.

If you do not comply with these conditions, you may face charges under section 93I of the Crimes Act 1900, which deals with the offence of “possession of an unregistered firearm in a public place.”

Section 93I says that it is an offence to possess an unregistered firearm in a public place if you are not authorised under to possess the firearm under the Firearms Act 1996.

If you are found guilty of this offence, you could face a maximum penalty of 10 years imprisonment.

You could also face harsher maximum penalties where you commit the offence in “aggravating circumstances.”

Aggravating circumstances are simply factors which make the offence more serious.

Section 93I lists three possible “aggravating circumstances.” They are:

  • Where you have more than one unregistered firearm in your possession, or;
  • Where one or more of the unregistered firearms is a pistol, or;
  • Where at least one of the unregistered firearms is a “prohibited firearm.”

In these situations, the maximum penalty for this offence is 10 years’ imprisonment.

While these penalties are obviously very serious, our specialist firearms lawyers can give you the best possible defence against the charges.

For more information about the offence of “possess unregistered firearm in a public place,” see our offences page here.

The Legislation

Section 93H of the Crimes Act 1900 deals with the offence of “trespassing with or dangerous use of firearm or spear gun” and reads as follows:

93H Trespassing with or dangerous use of firearm or spear gun

(1) A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person:

(a) is the owner or occupier of the building or land or has the permission of the owner or occupier, or

(b) does so with a reasonable excuse, or

(c) does so for a lawful purpose,

is liable to imprisonment for  5 years.

(2) A person who fires a firearm or spear gun in or into any building or on or on to any land, unless the person:

(a) is the owner or occupier of the building or land or has the permission of the owner or occupier, or

(b) does so with a reasonable excuse, or

(c) does so for a lawful purpose,

is liable to imprisonment for 10 years.

(3) The onus of proving the matters referred to in subsection (1) (a), (b) and (c) and subsection (2) (a), (b) and (c) lies with the defendant.

Why Sydney Criminal Lawyers?

Choosing the right legal team in your matter is a difficult decision that can make all the difference when it comes to winning your case.

As Sydney’s leading firearms experts, our lawyers have the knowledge and experience necessary to fight the charges and secure a positive outcome in your firearms case.

We have a proven track record of getting these types of charges dropped at an early stage by raising issues with the prosecution case.

Should the matter proceed to court, our exceptional advocates will fight hard to protect your liberty by raising any possible defences to the charges and effectively examining all relevant witnesses to bolster your case.

You can also benefit from experience if you simply wish to plead guilty – our dedicated lawyers will fight to keep your matter in the Local Court, where lower maximum penalties apply.

We can also help you obtain the most lenient penalty possible by preparing compelling sentencing submissions that highlight any positive factors in your case, such as your good character or lack of a previous criminal record.

When you’re looking for the best outcome in your firearms case, only the best lawyers will do. Call us now on (02) 9261 8881 and book your FREE first conference with Sydney’s firearms experts.