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Stealing a Firearm

Stealing a Firearm is an offence under section 154D of the Crimes Act 1900 which carries a maximum penalty of 14 years in prison.

To ‘steal’ a firearm is to take it away without the owner’s consent intending to deprive the owner of it permanently.

‘Firearms’ are guns or other weapons that are or were capable of propelling projectiles by means of explosives and include blank fire firearms and air guns but do not include paintball markers.

The definition encompasses ‘imitation firearms’ which are objects that, regardless of their colour, weight or composition, or the presence or absence of any moveable parts, substantially duplicate firearms in appearance, but are not firearms.

The definition does not include objects produced and identified as children’s toys.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self-defence

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