Weapons Prohibition Orders NSW

Use and possession of prohibited weapons

In New South Wales and Australia generally, the use and possession of weapons and dangerous articles is heavily regulated. The police and courts take the possession and use of dangerous weapons very seriously and if you are found to be in breach of the law you will face very serious consequences. If you have been charged by the police with any offence, you should contact a criminal defence lawyer as soon as possible. George Sten & Co Criminal Lawyers have decades of experience in defending persons charged with a range of criminal offences, including use or possession of a prohibited weapon. 

Weapons Prohibition Orders

A weapons prohibition order refers to a legal order which can be made by the Commissioner of Police by virtue of Section 33 of the Weapons Prohibition Act 1998. If a weapons prohibition order is made and served on a person, it means that person will be prohibited from being able to have possession of, or from using, any prohibited weapon.

The Commissioner of Police may make a weapons prohibition order if in the opinion of the Commissioner, the person is not fit, in the public interest, to be permitted to have possession of a prohibited weapon. In other words, the Commissioner may make such an order if the Commissioner thinks it may be dangerous or there may be a risk if that person uses or has in their possession a prohibited weapon.

If you have been served with a weapons prohibition order, it is important to speak with a criminal defence lawyer to obtain advice about your position and the best steps to take.

A ‘prohibited weapon’ is defined as any weapon in schedule 1 of the Act. These include (but are not limited to) weapons such as:

• Flick knives
• Ballistic knives
• Sheath knives
• Trench knives
• Bombs, grenades, rockets, missiles or mines or similar devices (including tear-gas canisters)
• Any device intended for military or defence force use that is designed to propel a weapon
• A flamethrower
• Spear guns of less than 45 centimetres
• Crossbows
• Slingshots
• Hunting slings
• Blow-guns and blow-pipes
• Whips with metal lashes
• Tasers
• Knuckle-dusters
• Imitation weapons (excluding those produced as children’s toys)
• Handcuffs

To use or have a prohibited weapon, you must have a valid permit. Without a valid permit, if you are found to be using or in possession of any of the above prohibited weapons, you will face up to 14 years imprisonment under Section 7 of the Act. If you do have a permit to use a prohibited weapon, you can only use the weapon for the purpose established as being the genuine reason for possessing or using the weapon. If you do not use it for the genuine reason for which the permit was granted or you contravene any condition of the permit, you will face up to 14 years imprisonment.

To obtain a permit to use or possess a prohibited weapon, you must be able to demonstrate that you have a ‘genuine reason’ for using or possessing a prohibited weapon. Genuine reasons include:

• Recreational/sporting purposes – you must be able to demonstrate that the recreational or sporting activity concerned requires the possession or use of the prohibited weapon for which the permit is sought.
• Historical re-enactment purposes – you must be a current member of a historic or commemorative club or society approved by the Commissioner which conducts activities or events requiring the possession or use of the prohibited weapon for which the permit is sought.
• Business/employment purposes – you must demonstrate that it is necessary in the conduct of your business or employment to possess or use the prohibited weapon for which the permit is sought
• Film/TV/theatrical purposes – you must demonstrate that the film, television or theatrical activity concerned requires the possession or use of the prohibited weapon for which the permit is sought.
• Public museum purposes – you must be able to demonstrate that the public museum concerned is involved in the collection and display of prohibited weapons
• Heirloom – you must be able to demonstrate that you have inherited the prohibited weapon for which the permit is sought and that the weapon has a genuine sentimental value
• Animal management – you must be a veterinary practitioner or an organisation that has responsibilities for animal management and demonstrate that it is necessary in the conduct of your responsibilities to possess or use the prohibited weapon for which the permit is sought.

Unauthorized possession or use of a prohibited weapon is an extremely serious criminal offence. For more information on prohibited weapons and weapons prohibition orders, call George Sten & Co Criminal Lawyers. We can advise you on how to deal with a weapons prohibition order or if you have been charged with using or possessing a prohibited weapon, we can defend you in legal proceedings. We can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at [email protected].