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Section 44A Firearms Act 1996
Prescribed Persons not to be Involved in Firearms Dealing Business

Section 44A of the Firearms Act 1996 is Prescribed Persons not to be Involved in Firearms Dealing Business 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) If a licensed firearms dealer:

(a) employs a prescribed person in the business that is authorised by the licence, or

(b) permits a prescribed person to act as an agent for, or participate in the management of, that business,
the firearms dealer and the prescribed person are each guilty of an offence.

Maximum penalty: imprisonment for 14 years.

(2) It is a defence for a licensed firearms dealer prosecuted for an offence under subsection (1) if the firearms dealer proves that he or she did not know, and could not reasonably be expected to have known, that the person employed or permitted to act as an agent for, or to participate in the management of, the firearms dealer’s business was in fact a prescribed person.

(3) In this section, “prescribed person” means a person who:

(a) has, within the preceding 10 years, had his or her firearms dealer licence revoked by the Commissioner for any reason, or

(b) has, within the preceding 10 years, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations for the purposes of this section, whether or not the offence is an offence under New South Wales law, or

(c) has, within the preceding 10 years, had his or her application for a licence or permit refused by the Commissioner, or had his or her licence or permit revoked, for either or both of the following reasons:

(i) the Commissioner was not satisfied that the person was a fit and proper person and could be trusted to have possession of firearms without danger to public safety or to the peace,

(ii) the Commissioner considered that issue of the licence or permit to the person would be contrary to the public interest, or

(d) is subject to an apprehended violence order or interim apprehended violence order, or

(e) is the subject of a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or

(f) is subject to a firearms prohibition order, or

(g) is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000 .

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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