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Section 361.2 Criminal Code Act 1995
Trafficking Prohibited Firearms or Firearm Parts into Australia

Trafficking prohibited firearms or firearm parts into Australia is an offence under section 361.2(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You imported a firearm or firearm part
  2. You did so intending to traffic the item, and
  3. The importation of the item was prohibited under the Customs Act 1901.

A ‘firearm’ is a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether fitted with a magazine or other feeding device designed to be used with it or not.

This includes:

  1. A deactivated firearm
  2. A blank-fire firearm, and
  3. A flare gun or signalling device, other than on designed for emergency or life-saving purposes.

It does not include:

  1. A nailing or stapling gun
  2. An explosive-powered fixing tool
  3. A line-thrower
  4. A hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs
  5. A tranquilliser gun
  6. A gun that operates a captive bolt for the slaughter of animals
  7. A device for the casting of weighted nets
  8. A large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance
  9. A sidewall core gun designed for geological purposes, mining purposes, or both, and
  10. An expandable casing perforation gun designed for geological purposes, mining purposes.

A ‘firearm part’ is any of the following, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:

  1. A gas piston, friction ring, action bar, breech bolt or breech block
  2. A firearm barrel
  3. A trigger mechanism
  4. A frame or receiver
  5. A slide
  6. An upper or lower receiver
  7. A revolving cylinder
  8. A bolt carrier
  9. An adjustable, detachable or folding stock, or
  10. Anything that includes one or more of the items mentioned above.

To ‘traffic’ an item is to:

  1. Transfer it
  2. Offer it for sale
  3. Invite offers to buy it
  4. Prepare it for transfer, or package or separate it, intending to transfer any of it or believing another intends to transfer any of it
  5. Transport or deliver it intending to transfer any of it or believing another intends to transfer any of it
  6. Guard or conceal it intending to transfer or assist another to transfer any of it, or
  7. Possess it intending to transfer any of it.

You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’:

  1. That you were under a mistaken but reasonable belief that your conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory, and
  2. That if your conduct had been so justified or excused, it would not have constituted an offence.

Duress and necessity are defences to the charge.


Trafficking Prohibited Firearms or Firearm Parts into Australia (Where Importation Requirements Are Not Met) is an offence under section 361.2(3) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You imported a firearm or firearm part
  2. You did so intending to traffic the item
  3. The importation of the item was prohibited under the Customs Act 1901 unless requirements were met, and
  4. Those requirements were not met.

A ‘firearm’ is a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether fitted with a magazine or other feeding device designed to be used with it or not.

It includes:

  1. A deactivated firearm
  2. A blank-fire firearm, and
  3. A flare gun or signalling device, other than one designed for emergency or life-saving purposes.

It does not include:

  1. A nailing or stapling gun
  2. An explosive-powered fixing tool
  3. A line-thrower
  4. A hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs
  5. A tranquilliser gun
  6. A gun that operates a captive bolt for the slaughter of animals
  7. A device for the casting of weighted nets
  8. A large calibre armament, weapon, launcher, thrower or projector designed for grenades, bombs, rockets or any other missile, ammunition or substance
  9. A sidewall core gun designed for geological purposes, mining purposes, or both, or
  10. An expandable casing perforation gun designed for geological purposes, mining purposes.

A ‘firearm part’ is any of the following, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:

  1. A gas piston, friction ring, action bar, breech bolt or breech block
  2. A firearm barrel
  3. A trigger mechanism
  4. A frame or receiver
  5. A slide
  6. An upper or lower receiver
  7. A revolving cylinder
  8. A bolt carrier
  9. An adjustable, detachable or folding stock, or
  10. Anything that includes one or more of the items mentioned above.

To ‘traffic’ an item is to:

  1. Transfer it
  2. Offer it for sale
  3. Invite offers to buy it
  4. Prepare it for transfer, or package or separate it, intending to transfer any of it, or believing another intends to transfer any of it
  5. Transport or deliver it intending to transfer any of it or believing another intends to transfer any of it
  6. Guard or conceal it intending to transfer or assist another to transfer any of it, or
  7. Possess it intending to transfer any of it.

You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’:

  1. That you were under a mistaken but reasonable belief that your conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory, and
  2. That if your conduct had been so justified or excused, it would not have constituted an offence

Duress and necessity are defences to the charge.

Section 361.2 of the Criminal Code Act 1995 (Cth) is Trafficking Prohibited Firearms or Firearm Parts into Australia and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Trafficking Prohibited Firearms or Firearm Parts into Australia matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

361.2  Trafficking Prohibited Firearms or Firearm Parts into Australia

Customs Act prohibits imports absolutely

             (1)  A person commits an offence if:

                     (a)  the person imports a thing; and

                     (b)  the thing is a firearm or firearm part; and

                     (c)  the person imports the firearm or part with the intention of trafficking in the firearm or part; and

                     (d)  importing the firearm or part was prohibited under the Customs Act 1901 absolutely.

Penalty:  Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

             (2)  Absolute liability applies to paragraph (1)(d).

Note:          For absolute liability, see section 6.2.

Customs Act prohibits imports if requirements not met

             (3)  A person commits an offence if:

                     (a)  the person imports a thing; and

                     (b)  the thing is a firearm or firearm part; and

                     (c)  the person imports the firearm or part with the intention of trafficking in the firearm or part; and

                     (d)  importing the firearm or part was prohibited under the Customs Act 1901 unless certain requirements were met; and

                     (e)  the person fails to meet any of those requirements.

Penalty:  Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

             (4)  Absolute liability applies to paragraph (3)(d).

Note:          For absolute liability, see section 6.2.

             (5)  Strict liability applies to paragraph (3)(e).

Note:          For strict liability, see section 6.1.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with. Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

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  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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  10. Team of Lawyers Behind You

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  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
    • Liverpool, directly opposite Liverpool Local Court, and
    • Parramatta, near the justice precinct.

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    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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