Weapons offences in NSW are treated seriously because the law is designed to protect public safety and strictly control who may possess or use certain weapons. The main legislation dealing with prohibited weapons is the Weapons Prohibition Act 1998 (NSW), while firearms are generally regulated under the Firearms Act 1996 (NSW).

What is a prohibited weapon in NSW?

In NSW, “prohibited weapons” are listed in Schedule 1 of the Weapons Prohibition Act 1998 (NSW).¹ NSW Police states that possession or use of any Schedule 1 prohibited weapon must be authorised by a permit.²

Examples may include certain types of knives, tasers, batons, knuckle-dusters, body armour, silencers, laser pointers above certain strengths, and other weapons listed under the legislation.

Possessing or using a prohibited weapon without a permit

Under section 7 of the Weapons Prohibition Act 1998 (NSW), a person must not possess or use a prohibited weapon unless authorised by a permit.³

The maximum penalty is:

• 2 years imprisonment and/or 100 penalty units if dealt with summarily; or
• 14 years imprisonment if dealt with on indictment.⁴

A person may also commit an offence if they have a permit but use or possess the weapon for a purpose outside their approved “genuine reason”, or breach a permit condition.⁵

What is a genuine reason?

NSW law requires a person applying for a prohibited weapon permit to show a genuine reason. Recognised reasons can include recreational or sporting purposes, business or employment, film or theatrical use, collecting, museum purposes, heirloom weapons, animal management, or scientific purposes.⁶

Importantly, personal protection is generally not considered a genuine reason for possessing or using a prohibited weapon in NSW.⁷

Firearms and prohibited firearms

Firearms are regulated separately under the Firearms Act 1996 (NSW). It is an offence to possess or use a pistol or prohibited firearm unless authorised by a licence or permit.⁸ This offence also carries a maximum penalty of 14 years imprisonment.⁹

Safe storage obligations

Even where a person is authorised to possess a prohibited weapon, they must comply with safe keeping obligations. Section 26 of the Weapons Prohibition Act 1998 (NSW) requires a person to take reasonable precautions to ensure the weapon is safely kept, is not stolen or lost, and does not come into the possession of an unauthorised person.¹⁰

What should you do if charged?

If you are charged with a weapons offence in NSW, the consequences can be serious. Depending on the facts, the court may consider the type of weapon, where it was found, whether it was used or merely possessed, whether there was any lawful authority, and whether there are any available defences.

A criminal lawyer can advise you about the charge, whether the prosecution can prove each element of the offence, and what options may be available in court.

Disclaimer

This article is for general information only and is not legal advice. You should obtain advice from a qualified criminal lawyer about your individual circumstances.

1. Weapons Prohibition Act 1998 (NSW), Schedule 1. 
2. NSW Police, Prohibited Weapon Permits. 
3. Weapons Prohibition Act 1998 (NSW), s 7(1). 
4. Weapons Prohibition Act 1998 (NSW), s 7 maximum penalties. 
5. Weapons Prohibition Act 1998 (NSW), s 7(2). 
6. Weapons Prohibition Act 1998 (NSW), s 11. 
7. Weapons Prohibition Act 1998 (NSW), s 11(3). 
8. Firearms Act 1996 (NSW), s 7. 
9. Firearms Act 1996 (NSW), s 7 maximum penalty. 
10. Weapons Prohibition Act 1998 (NSW), s 26.