50 Possession of weapons
(1) A person must not unlawfully possess a weapon.
Maximum penalty—
(a) if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—13 years imprisonment; or
(b) if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons—500 penalty units or 10 years imprisonment; or
(c) if paragraphs (a) and (b) do not apply—
(i) for a category D, H or R weapon—300 penalty units or 7 years imprisonment; or
(ii) for a category C or E weapon—200 penalty units or 4 years imprisonment; or
(iii) for a category A, B or M weapon—100 penalty units or 2 years imprisonment.
Minimum penalty—
(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
(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.
(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(a) a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and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(c) it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.
(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.
(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.
(3) In this section—
public place includes any vehicle that is in or on a public place.
50A Possession of unregistered firearms
(1) A licensee must not possess an unregistered firearm.
Maximum penalty—120 penalty units.
(2) A licensed dealer or licensed armourer does not contravene subsection (1) if the unregistered firearm is entered in the dealer’s or armourer’s weapons register under section 71.
(3) In this section—
firearm does not include a barrel, breechbolt or top slide of a firearm.
unregistered firearm means a firearm for which information is not entered in the firearms register.
50B Unlawful supply of weapons
(1) A person must not unlawfully supply a weapon to another person.
Maximum penalty—
(a) if the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—13 years imprisonment; or
(b) if paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—500 penalty units or 10 years imprisonment; or
(c) if paragraphs (a) and (b) do not apply—
(i) for a category D, H or R weapon—500 penalty units or 10 years imprisonment; or
(ii) for a category C or E weapon—300 penalty units or 7 years imprisonment; or
(iii) for a category A, B, or M weapon—200 penalty units or 4 years imprisonment.
Minimum penalty—
(d) for an offence, committed by an adult, to which paragraph (a) applies, if at least 1 of the weapons unlawfully supplied is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapons—3 years imprisonment served
wholly in a corrective services facility; or
(e) for an offence, committed by an adult, to which paragraph (c)(i) applies, if the weapon is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapon—21/2 years imprisonment served wholly in a corrective services
facility.
(1A) For the purpose of subsection (1), penalty, paragraph (d) or (e), but without limiting those provisions, it is a reasonable excuse to unlawfully supply the weapon if—
(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 supply the weapon 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.
(2) A person does not contravene subsection (1) if the person to whom the weapon is supplied—
(a) is authorised under a licence to possess weapons of the same category as the weapon supplied; or
(b) is authorised to possess the weapon under section 52, 53, 54(2), 55, 55A, 70 or 116.
Note—
If subsection (1) does not apply because subsection (2)(a) applies, the person disposing of the weapon may contravene section 36 (Sale or disposal of weapons).
