sec.141YAcquiring, possessing and using firearms and firearm related items

### sec.141Y Acquiring, possessing and using firearms and firearm related items An individual who is subject to a firearm prohibition order must not— acquire, possess or use a firearm; or attempt to acquire, possess or use a firearm. Maximum penalty—1,000 penalty units or 20 years imprisonment. An individual who is subject to a firearm prohibition order must not— acquire, possess or use a firearm related item; or attempt to acquire, possess or use a firearm related item. Maximum penalty—300 penalty units or 7 years imprisonment. However, an individual does not contravene subsection (1) (a) or (2) (a) in relation to the possession of a firearm or firearm related item if— the firearm or firearm related item is in the individual’s possession when the firearm prohibition order takes effect; and either— the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item. For this section, an individual is taken to possess a firearm or firearm related item if there is proof that, at the material time, the firearm or firearm related item was in or on a place at which the individual resided or of which the individual was the owner or the occupier or concerned in the management or control. However, it is a defence to an offence against subsection (1) or (2) for the individual to prove the individual did not know and did not have reason to suspect that the firearm or firearm related item was in or on a place mentioned in subsection (4) . In this section— resided , in relation to a place, includes slept at the place on a regular or frequent basis. s 141Y ins 2024 No. 45 s 73 amd 2026 No. 4 s 91 (2) , (4) – (5) (sec.141Y-ssec.1) An individual who is subject to a firearm prohibition order must not— acquire, possess or use a firearm; or attempt to acquire, possess or use a firearm. Maximum penalty—1,000 penalty units or 20 years imprisonment. (sec.141Y-ssec.2) An individual who is subject to a firearm prohibition order must not— acquire, possess or use a firearm related item; or attempt to acquire, possess or use a firearm related item. Maximum penalty—300 penalty units or 7 years imprisonment. (sec.141Y-ssec.3) However, an individual does not contravene subsection (1) (a) or (2) (a) in relation to the possession of a firearm or firearm related item if— the firearm or firearm related item is in the individual’s possession when the firearm prohibition order takes effect; and either— the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item. (sec.141Y-ssec.4) For this section, an individual is taken to possess a firearm or firearm related item if there is proof that, at the material time, the firearm or firearm related item was in or on a place at which the individual resided or of which the individual was the owner or the occupier or concerned in the management or control. (sec.141Y-ssec.5) However, it is a defence to an offence against subsection (1) or (2) for the individual to prove the individual did not know and did not have reason to suspect that the firearm or firearm related item was in or on a place mentioned in subsection (4) . (sec.141Y-ssec.6) In this section— resided , in relation to a place, includes slept at the place on a regular or frequent basis. - (a) acquire, possess or use a firearm; or - (b) attempt to acquire, possess or use a firearm. - (a) acquire, possess or use a firearm related item; or - (b) attempt to acquire, possess or use a firearm related item. - (a) the firearm or firearm related item is in the individual’s possession when the firearm prohibition order takes effect; and - (b) either— (i) the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or (ii) the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item. - (i) the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or - (ii) the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item. - (i) the individual gives the firearm or firearm related item to a police officer under section 141W (3) or (4) (a) ; or - (ii) the individual complies with a direction under section 141W (4) (b) or (c) , enabling a police officer to seize or otherwise take the firearm or firearm related item.