sec.50Possession of weapons

### sec.50 Possession of weapons A person must not unlawfully possess a weapon. Maximum penalty— if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—1,000 penalty units or 20 years imprisonment; or if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—750 penalty units or 15 years imprisonment; or if paragraphs (a) and (b) do not apply— for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or for a category C or E weapon—500 penalty units or 10 years imprisonment; or for a category A, B or M weapon—300 penalty units or 7 years imprisonment. Minimum penalty— for an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies— if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or for an offence, committed by an adult, to which paragraph (c) (iii) applies— if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility. However, subsection (1) does not apply if— the weapon is a firearm within the meaning of part 5A ; and the person is subject to a firearm prohibition order. See section 141Y for offences relating to the possession of a firearm by a person subject to a firearm prohibition order. For the purpose of subsection (1) , penalty, paragraph (d) (iii) , but without limiting that provision, it is a reasonable excuse to unlawfully possess the short firearm in the public place if— a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and the person would have been authorised under this Act to possess the short firearm in the public place at the time of the offence if the licence was still in force at that time; and it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act. It is not a reasonable excuse for subsection (1) , penalty, paragraph (d) (iii) to unlawfully possess the short firearm in the public place for the purpose of self-defence. A court, in sentencing a person found guilty of an offence against subsection (1) , may take into consideration whether the person stored the weapon in the way prescribed under a regulation for the weapon. In this section— public place includes any vehicle that is in or on a public place. s 50 amd 1991 No. 97 s 3 sch 1 sub 1996 No. 41 s 9 ; 2003 No. 37 s 29 amd 2005 No. 17 s 40 ; 2012 No. 40 s 15 ; 2024 No. 45 s 68 ; 2026 No. 4 s 66 (1) – (5) (sec.50-ssec.1) A person must not unlawfully possess a weapon. Maximum penalty— if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—1,000 penalty units or 20 years imprisonment; or if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—750 penalty units or 15 years imprisonment; or if paragraphs (a) and (b) do not apply— for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or for a category C or E weapon—500 penalty units or 10 years imprisonment; or for a category A, B or M weapon—300 penalty units or 7 years imprisonment. Minimum penalty— for an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies— if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or for an offence, committed by an adult, to which paragraph (c) (iii) applies— if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility. (sec.50-ssec.1AA) However, subsection (1) does not apply if— the weapon is a firearm within the meaning of part 5A ; and the person is subject to a firearm prohibition order. See section 141Y for offences relating to the possession of a firearm by a person subject to a firearm prohibition order. (sec.50-ssec.1A) For the purpose of subsection (1) , penalty, paragraph (d) (iii) , but without limiting that provision, it is a reasonable excuse to unlawfully possess the short firearm in the public place if— a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and the person would have been authorised under this Act to possess the short firearm in the public place at the time of the offence if the licence was still in force at that time; and it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act. (sec.50-ssec.1B) It is not a reasonable excuse for subsection (1) , penalty, paragraph (d) (iii) to unlawfully possess the short firearm in the public place for the purpose of self-defence. (sec.50-ssec.2) A court, in sentencing a person found guilty of an offence against subsection (1) , may take into consideration whether the person stored the weapon in the way prescribed under a regulation for the weapon. (sec.50-ssec.3) In this section— public place includes any vehicle that is in or on a public place. - (a) if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—1,000 penalty units or 20 years imprisonment; or - (b) if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—750 penalty units or 15 years imprisonment; or - (c) if paragraphs (a) and (b) do not apply— (i) for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or (ii) for a category C or E weapon—500 penalty units or 10 years imprisonment; or (iii) for a category A, B or M weapon—300 penalty units or 7 years imprisonment. - (i) for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or - (ii) for a category C or E weapon—500 penalty units or 10 years imprisonment; or - (iii) for a category A, B or M weapon—300 penalty units or 7 years imprisonment. - (i) for a category D, H or R weapon—700 penalty units or 14 years imprisonment; or - (ii) for a category C or E weapon—500 penalty units or 10 years imprisonment; or - (iii) for a category A, B or M weapon—300 penalty units or 7 years imprisonment. - (d) for an offence, committed by an adult, to which paragraph (a) , (b) , (c) (i) or (c)(ii) applies— (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or (iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or - (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or - (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or - (iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or - (e) for an offence, committed by an adult, to which paragraph (c) (iii) applies— (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility. - (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or - (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility. - (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—18 months imprisonment served wholly in a corrective services facility; or - (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—1 year’s imprisonment served wholly in a corrective services facility; or - (iii) if the person unlawfully possesses a short firearm in a public place without a reasonable excuse—1 year’s imprisonment served wholly in a corrective services facility; or - (i) if the person unlawfully possesses a firearm and uses the firearm to commit an indictable offence—9 months imprisonment served wholly in a corrective services facility; or - (ii) if the person unlawfully possesses a firearm for the purpose of committing or facilitating the commission of an indictable offence—6 months imprisonment served wholly in a corrective services facility. - (a) the weapon is a firearm within the meaning of part 5A ; and - (b) the person is subject to a firearm prohibition order. Note— See section 141Y for offences relating to the possession of a firearm by a person subject to a firearm prohibition order. - (a) a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and - (b) the person would have been authorised under this Act to possess the short firearm in the public place at the time of the offence if the licence was still in force at that time; and - (c) it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.