Section 93H Crimes Act 1900 | Trespassing or Dangerous Use of Firearm or Spear Gun


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Being charged with a firearms offence can have serious consequences for your life and future.

However, as Sydney’s firearms experts, we can give you the best possible defence when it comes to fighting the charges.

Section 93H of the Crimes Act 1900 deals with the offence of “trespassing with or dangerous use of firearm or spear gun.”

This section says that it is against the law to have a firearm, imitation firearm, spear gun or imitation spear gun in your possession on any building or land.

If you are found guilty of this offence, you will face a maximum penalty of 5 years’ imprisonment.

However, there are certain cases where the court will allow you to have a firearm or spear gun in your possession. These are:

  • Where you are the owner or occupier of the premises, or where you have permission from the owner or occupier of the premises;
  • Where you had a reasonable excuse for having the firearm or spear gun in your possession;
  • Where you had the firearm or spear gun in your possession for a lawful purpose.

You will bear the onus of proving that you had permission from the owner of the premises, or that you had a reasonable excuse or lawful purpose for having the firearm in your possession.

Examples of a “reasonable excuse” or “lawful purpose” include where you were required to carry the firearm or spear gun as part of your job – for example, if you were a police officer, or a farmer who needed the weapon for lawful use on livestock.

Section 93H of the Crimes Act also states higher maximum penalties where you fire the firearm or spear gun in any building or on any land without the owner’s permission, or without a reasonable excuse or lawful purpose.

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

While these penalties may seem onerous, it’s important to remember that they are maximum penalties and will therefore only apply in the most serious cases.

You can read more about the offence of “trespassing with a firearm or spear gun” here.

You can read more about the offence of “dangerous use of a firearm or spear gun” 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?

When it comes to fighting and winning your firearms matter, it pays to have a specialist on your side.

At Sydney Criminal Lawyers, our highly respected lawyers have considerable experience fighting and winning serious weapons cases.

We can help you avoid a conviction by disputing the allegations against you and raising any problems with the prosecution case at an early stage.

We can also help you raise any defences to explain or justify your actions, which, if accepted by the court, will result in a finding of “not guilty.”

Examples of possible defences include where you were forced or threatened into possessing the firearm or spear gun (duress) or where you honestly and reasonably believed that you were not trespassing.

Should you simply wish to accept the charges against you and enter a plea of guilty, our lawyers will fight hard to secure the most positive result in your case, so that you can move on with your life as soon as possible.

For the best possible defence in your firearms case, get Sydney’s leading firearms lawyers on your side today. Call us now on (02) 9261 8881 to book a FREE first conference with our expert lawyers.