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Disposing or Acquiring a Firearm or Firearm Part Across Borders

Disposing or acquiring a firearm or firearm part across borders is an offence under section 360.2 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 acquired or disposed of a firearm or firearm part
  2. You did so in the course of trade or commerce between states, territories or a territory and a state, and
  3. Your acquisition or disposal constituted an offence against the firearm law of the state or territory in which it occurred.

The definition of a ‘firearm’ in New South Wales is:

A gun, or other weapon, that is or was, capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker.

A ‘firearm part’ includes any part of a firearm or part used for or with a firearm or weapon.

Duress and necessity are defences to the charge.

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