New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 7

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

(cf 1989 Act s 5, APMC 3)

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

: Maximum penalty--imprisonment for 14 years.

Note--: Reference to a pistol includes a prohibited pistol.

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