Possessing Prohibited Weapons in New South Wales - Criminal Defence Lawyers Australia

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Here is more if you are looking for a complete guide on weapons licensing laws, offences and penalties in New South Wales.

Leading up to Christmas in December 2022, Victorian Police have charged three individuals with various offences relating to both weapons and drugs following a raid in Warrnambool.

The three individuals consisted of a 38-year-old man and two 30-year-old women who were arrested after raids on their homes.

It is alleged that ammunition, a knuckle duster, drugs such as methylamphetamine and GHB, a taser, $20,000 in cash and three vehicles including a GTS and BMWX5 were seized from the properties of the individuals.

The individuals will face varying charges with serious punishments.

One of the women has been charged with conspiracy to traffic drugs, trafficking and possession of drugs, and possessing proceeds of crime and is being held on remand until court.

The other woman who has been allowed bail has also been charged with trafficking and possession of drugs, dealing with property suspected to be proceeds of crime, failing to comply with the direction, and possessing prohibited weapons.

In the investigation, the man is being held on remand before his appearance in court due to the charges of drug possession and trafficking, dealing with property suspected to be proceeds of crime, failing to comply with directions as well as possessing a prohibited weapon.

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What are prohibited weapons in NSW?

What are prohibited weapons in NSW?

Schedule 1 of the Weapons Prohibition Act 1998 specifies what items constitute as “prohibited weapons”, including various types of dangerous knives, bombs, spear guns, knuckle dusters and tasers with many other items on the list.

Who can have a Permit in NSW?

Possession and use of these prohibited weapons must be authorised by a permit governed by the Weapons Prohibition Act 1998. Failure to have an authorised permit for a prohibited weapon in New South Wales attracts up to 14 years imprisonment according to section 7.

For permit holders, you can also be found guilty of these offences if the following elements are satisfied.

You possessed or used the prohibited weapon for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the weapon, or
If you contravene any condition of the permit.

Under Section 11 of the Weapons Prohibition Act, The Commissioner must not issue a permit authorising the possession or use of a prohibited weapon unless the applicant has, in the opinion of the Commissioner, a genuine reason for possessing or using the weapon.

The following genuine reasons may be applicable however dependent on unique circumstances: