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Section 74 Firearms Act 1996
Effect of Firearms Prohibition Order

Section 74 of the Firearms Act 1996 is Effect of Firearms Prohibition Order and is extracted below.

If you are charged with a firearms-related offence, or wish to seek general advice about your rights and responsibilities under the Firearms Act, call Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a conference with a lawyer with vast experience and expertise in representing clients in these matters.

The Legislation

(1) Prohibition on persons acquiring, possessing or using firearms, firearm parts or ammunition A person who is subject to a firearms prohibition order must not acquire, possess or use a firearm.

Maximum penalty: imprisonment for 14 years if the firearm is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note : Reference to a pistol includes a prohibited pistol.

(2) A person who is subject to a firearms prohibition order must not acquire or possess a firearm part.

Maximum penalty: imprisonment for 14 years if the firearm part relates solely to any kind of pistol or prohibited firearm, or imprisonment for 5 years in any other case.

(3) A person who is subject to a firearms prohibition order must not acquire or possess ammunition for any firearm.

Maximum penalty: imprisonment for 5 years.

(4) Prohibition on supplying firearms etc to persons subject to orders A person must not supply or give possession of a firearm or firearm part to another person knowing that the other person is subject to a firearms prohibition order.

Maximum penalty: imprisonment for 14 years if the firearm is a pistol or prohibited firearm or if the firearm part relates solely to any kind of pistol or prohibited firearm, or imprisonment for 5 years in any other case.

(5) A person must not supply or give possession of ammunition for any firearm to another person knowing that the other person is subject to a firearms prohibition order.

Maximum penalty: imprisonment for 5 years.

(6) Prohibition on persons residing at premises where there are firearms etc A person who is subject to a firearms prohibition order is guilty of an offence if a firearm, firearm part or ammunition for any firearm is kept or found on premises at which the person is residing.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(7) It is a defence to a prosecution for an offence under subsection (6) if the defendant proves that the defendant:

(a) did not know, and could not reasonably be expected to have known, that the firearm, firearm part or ammunition was on the premises, or

(b) took reasonable steps to prevent the firearm, firearm part or ammunition from being on the premises.

(8) Prohibition on persons attending certain premises A person who is subject to a firearms prohibition order must not without reasonable excuse attend:

(a) the premises specified in a firearms dealer’s licence, or

(b) a shooting range, or

(c) the premises of a firearms club, or

(d) any other premises of a kind prescribed by the regulations.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(9) Membership of a firearms club is not a reasonable excuse for the purposes of subsection (8).

(10) Exemptions The Commissioner may by order exempt a person, either unconditionally or subject to conditions, from a specified provision of this section.

(11) Proof of possession of firearm parts and ammunition For the purposes of any proceedings for an offence under this section, a reference in section 4A to a firearm is taken to include a reference to a firearm part or ammunition.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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