Update of guidelines for firearms trafficking charges

April 29, 2025 / Latest News

  • Will I be charged with firearms trafficking?
  • Section 110A of the Firearms Act 1996 (the Act) states that a person is guilty of an indictable offence punishable under the Criminal Code if the person traffics in firearms without lawful excuse.
  • A recent court decision found a person guilty of trafficking in firearms because they were found to be transporting another person’s firearms.  Importantly, this was not a case of loaning firearms, it was clearly a case of a person trading for illegal firearms.
  • This court decision has caused some general concern in the community. Loaning/sharing of firearms is a common practice in Tasmania.  These groups have sought legislation change to protect people from prosecution.
  • The need to seek an appropriate court penalty where it has been demonstrated that a person has trafficked in firearms is a cornerstone to the objectives of the Act.  This is important to reinforce the objective of firearms being only possessed by fit and proper people.
  • The matter was raised by Tasmania Police with the Director of Public Prosecution and as an interim measure the DPP has issued new charging guidelines to ensure the objectives of the legislation are clear for charging in relation to Section 110A of the Act.
  • The publicly available DPP Prosecution Policy and Guidelines now stipulate:
    • Unlawful trafficking in firearms contrary to s 110A is reserved for cases involving serious unlawful activity. Factors to be considered include:
      • Whether the conduct involves criminality of a greater order than the summary offences;
      • Whether or not the firearms were to be used for a serious criminal purpose;
      • Whether or not the conduct included a commercial context (noting that it is not necessary for the offender to have any belief or intention as to the future sale of the firearms).
  • With these guidelines now in place it is highly unlikely that any person transporting firearms for another person or that have been lawfully borrowed from another person will be charged for trafficking under Section 110A of the Act.