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Section 36 Firearms Act 1996
Unregistered Firearms

Section 36 of the Firearms Act 1996 is Unregistered Firearms 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) A person must not supply, acquire, possess or use a firearm that is not registered.

Maximum penalty: imprisonment for 14 years if the firearm concerned 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) It is a defence to a prosecution for an offence under this section to prove that the defendant:

(a) did not know, or could not reasonably be expected to have known, that the firearm concerned was unregistered, and

(b) was not the owner of the firearm at the time of the alleged offence.

(3) A licensed firearms dealer does not commit an offence under this section of acquiring or possessing an unregistered firearm if an application for registration of the firearm is made within 24 hours after acquiring or taking possession of the firearm.

(4) A person who is a resident of another State or Territory does not commit an offence under this section of possessing or using an unregistered firearm if the firearm is registered under a law in force in that other State or Territory.

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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