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Any offence involving guns is extremely serious. It puts you at serious risk of being sentenced to prison, potentially for a long time. Possession of 3 or more prohibited firearms or pistols charges can be beaten, especially if there is no DNA or fingerprints on the firearm. Most people do not walk around with a gun in their holster. It can be difficult for the police to prove a gun is yours if it is found in a home or car used by more than one person.

Australian Criminal Law Group are experts at defending gun charges and for these sorts of offences you need an experienced criminal lawyer to handle your case. It can be the difference between freedom and prison.

If you intend to plead guilty to Possession of 3 or more prohibited firearms or pistols, our criminal lawyers put together the strongest cases on sentence and only use the best counsel to lower the sentence and keep you out of jail.

How do I beat a charge of Possession of 3 or more prohibited firearms or pistols?

You will be found not guilty of the offence of Possession of 3 or more prohibited firearms or pistols if the police cannot prove beyond reasonable doubt you:

  1. Possessed more than 3 firearms and the firearms are not registered, and you are not authorised by a licence or permit to possess the firearms; or
  2. Possessed more than 3 firearms any one of which is a pistol or prohibited firearm and the firearms are not registered and you are not authorised by a licence or permit to possess the firearms.

A pistol is a firearm reasonably capable of being raised and fired by one hand and which does not exceed any dimension prescribed by the regulations.

Possession of a firearm includes any case in which a person knowingly has custody of the firearm, or has the firearm in the custody of another person. It also includes the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.

Pleading guilty

If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on sentence, and it will demonstrate remorse and contrition. It may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.

Possession of 3 or more prohibited firearms or pistols carries a maximum penalty of two years imprisonment in the Local Court and 10 years imprisonment in the District Court where the weapon is a regular firearm, and a maximum penalty of 20 years imprisonment in the District Court where the weapon is a pistol or prohibited firearm. These penalties are typically reserved for the worst offenders. Possess prohibited firearm is an extremely serious offence and carries a standard non parole period. If you are charged with this offence you should contact our office immediately.

You can read about all the sentencing options that a court has, including about not having a conviction recorded here.

Why choose Australian Criminal Law Group?

Our criminal lawyers are experts at obtaining the best outcome possible for firearms offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.

To discuss your charge of Possession of 3 or more prohibited firearms or pistols, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.

Case Study

Joseph Correy represented a client was charged with possessing a 9mm pistol. The case against him involved significant amounts of intercepted phone calls in which he was heard sourcing the firearm. Mr Correy obtained additional calls not initially disclosed by the police. These demonstrated that our client was in fear for his safety at the time he sought to obtain the firearm. Police records of a home invasion against him were also obtained. The sentencing judge found that our client was under significant stress at the time he sourced the pistol and did not send him to jail.

Case Study

Mr Harb represented a man charged with two counts of possessing an unauthorised firearm, each carrying a sentence of 14 years imprisonment. The judge took into account that the man had given evidence in unrelated matters and found that him having the guns was for the purpose of protection. Even though still illegal the judge took this into account and gave a two-year suspended sentence.

Case Study

One of our criminal lawyers represented a young man charged with possessing 8 prohibited firearms. He was stopped by police and the firearms were found in his car. Evidence was called to establish that our client had no criminal associations or criminal record. It was established that he was a keen hunter and firearm enthusiast who also had legally obtained weapons. The court accepted our client’s actions. They were not typical of similar cases where there is a risk that the firearms will be used for illegal activity. The court accepted the weapons formed part of a collection exclusively used for otherwise legal hunting. The court imposed and intensive correction order and did not send our client to jail.

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