New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 7

7 Offence of unauthorised possession or use of prohibited firearms or pistols

(cf 1989 Act s 5, APMC 3)

(1) A person must not possess or use a prohibited firearm or pistol unless the person is authorised to do so by a licence or permit.

Maximum penalty: imprisonment for 14 years.

(2) Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person:

(a) uses a prohibited firearm or pistol for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the prohibited firearm or pistol, or

(b) contravenes any condition of the licence.

(3) If, on the trial for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 7A, it may find the person not guilty of the offence but guilty of an offence under section 7A, and the accused is liable to punishment accordingly.