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Taking or Sending a Firearm or Firearm Part Across Borders

Taking or sending a firearm or firearm part across borders is an offence under section 360.3 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 took or sent a firearm or firearm part from one Australian state or territory to another
  2. You did so in the course of trade or commerce
  3. You did so intending that the item would be disposed of in the other state or territory
  4. The disposal of the item or any acquisition of the item resulting from disposal, constituted an offence against firearms laws of the state or territory to which the item was sent, and
  5. You knew or were reckless as to whether such disposal or acquisition would occur in circumstances that constitute such an offence.

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.

You were ‘reckless’ if you were aware there was a substantial risk that the disposal, or the acquisition of the item resulting from disposal, would occur in circumstances that constituted a firearms offence in the state or territory, and it was unjustifiable to take that risk in the circumstances but you went ahead with your actions regardless.

Duress and necessity are defences to the charge.

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