NSW Criminal Law - What to Do with Grandpa's Old Unregistered Gun?

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27 October 2016
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I've recently discovered through my dad that my grandfather has a double barrel shotgun that has been in concealed his possession for apparently a long time, before the 1980s. He apparently never sold the gun away during the buy-back following the aftermath of 1996 and the licence had expired sometime before or after.

I don't think he possess any ammunition for the gun, but since it was from a time before 1996, it would be unregistered. It has been a close guarded secret for a long time, hidden in a cabinet. No one has ever been told of it except my father and recently myself.

My father was considering getting a licence so it could be retrieved and used at a shooting range, but it looks like a large risk since getting a shotgun out of "nowhere" would be very suspicious and could spell trouble.

Grandfather has recently been in poor health and could possibly pass on if he isn't careful (being the heavy smoker, drinker and gambler he was), meaning a potential liability should his possessions be passed onto our family/ies.

We want to avoid having to hand it in or destroy it since it is Grandfather's and it would be a shame but we don't have a gun safe or any licencing to be able to take it into our home (or not yet at least).

Is there a way of getting it off of him without a penalty on either party (or waiting for the post mortem) under Criminal Law? Could it be stored at a gun club/ secure facility of sorts?
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Being in possession of an unregistered firearm with or without a licence is considered a serious offence and can carry a jail sentence 5 years. In fact if the shot gun is a pump action or self loading type it could result in a jail sentence of 14 years as it would be considered a prohibited firearm. If you mismanage this situation you may find it hard to even obtain a firearms licence yourself in the future.

As the firearm was probably not ever registered it may not be possible to get it registered. Because this could be considered a serious matter, it might be worth seeking legal advice from a lawyer. If you would like to find a lawyer in your area at: https://lawtap.com/au/
 
27 October 2016
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Ah... Seems pretty heavy... I looked into it a bit more from the NSW police site:
What if I am in possession of an unregistered firearm?

If you are in possession of an unregistered firearm you MUST immediately:

* Surrender the firearm to NSW Police or
* Take it to a licensed Firearms Dealer who will arrange for the registration of the firearm.

The Firearms Dealer will be required to retain possession of the firearm until the person is able to produce a current firearms licence and issued Permit to Acquire, at which time the dealer will complete the 'Notice of Purchase' and send this to the Firearms Registry.
It looks like it's going to have to go to one of those places soon or otherwise it could get hairy for my Grandpa... I really don't want to see him incarcerated for the last years of his life over a double barrel shotgun he left in a cabinet for a few decades...

I'll have to discuss this with my father and see what a lawyer has to offer...
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
I agree that it should be as simple as dropping it at the local police station, but they will want to know where it came from, how you came into possession of it, and technically you are in possession of an unregistered firearm whilst unlicensed to carry it. It should be easy for you to establish your intent to surrender the firearm, but I would hate for you to compromise your legal position in the conduct of a good intentioned act.

Please let us know how you go.