When someone is charged with possession of firearms and weapons, the charge itself can sound straightforward. But proving possession is more complicated than it might appear. Understanding how police build this kind of case, and what the prosecution is actually required to establish, is important for anyone facing this type of charge in New South Wales.
What Does ‘Possession’ Actually Mean?
Under NSW firearms law, possession is defined broadly and does not depend solely on a weapon being found on a person or within their immediate physical control. The legislation will also assume possession where a firearm is found in or on premises owned, leased, or occupied by a person, or otherwise in their care, control, or management. In those circumstances, the firearm is taken to be in that person’s possession unless there is evidence to the contrary.
Some examples of circumstances that can negate possession would be where the firearm was lawfully placed on the premises by an authorised person, or where the accused did not know and could not reasonably have been expected to know that the firearm was there.
How Police Establish Possession
Building a possession case typically involves several lines of evidence. If you have been charged, it is worth understanding what the police and prosecution are likely to rely on.
Police commonly use the following to establish possession:
- Physical discovery — where and how the item was found, including proximity to you or your belongings.
- Access and control — evidence that you had access to and control over the location where the item was stored, such as keys, tenancy records, or vehicle registration.
- Knowledge indicators — messages, search history, or witness statements suggesting you were aware of the item’s presence.
- Fingerprints or DNA — forensic evidence linking you to the item directly.
- Admissions or statements — anything said to police during an interview or at the scene that implies knowledge or ownership.
What the Prosecution Must Prove
A person can be found guilty of possession of a prohibited weapon or an unauthorised firearm if the person:
- Has custody of the weapon or firearm, that is, physical possession; or
- Has the weapon or firearm been in the custody of another person, for example, if you ask another person to keep it for you; or
- Knowingly has the weapon or firearm in or at other premises, whether those premises belong to you or not, including a boat or car.
Courts in NSW treat firearms and weapons offences seriously, and the penalties reflect the serious nature of these charges. These matters often turn on the detail: the location of the item, who else had access, and what evidence actually connects you to it.
What Should You Do If You Are Charged?
Firearms and weapons charges carry serious consequences in NSW, including terms of imprisonment. If you have been charged or are under investigation, the most important step is to get legal advice early.
A criminal defence lawyer can review the evidence against you, identify whether possession can genuinely be established, and build a strategy around the specific facts of your case. If you are facing a firearms or weapons charge, get in touch with the Kingston Fox team for straightforward advice on where you stand and what your options are.
