Firearms law
NSW firearms law changes and the gun buyback
Around 50,000 licence holders and an estimated 274,000 registered firearms, roughly a quarter of everything registered in the state, are affected by the ownership limits and reclassifications passed in December 2025. The buyback opens on 2 November 2026. Most of the people affected have done nothing wrong and will not need a criminal lawyer, but the point at which a provision commences is the point at which holding something becomes an offence rather than a paperwork problem.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. We act for licence holders in Registry decisions, reviews and appeals, and in firearms charges. Bella Vista, servicing the Hills, the Hawkesbury and across NSW.
On this page
What changed and when The ownership limits Reclassifications and magazines Licensing and permits The buyback What to do now Where the legal risk sits Common questions
What changed, and when
The Terrorism and Other Legislation Amendment Act 2025 passed on 24 December 2025, following the Bondi Beach attack on 14 December. It is being implemented in stages so that the Firearms Registry can operationalise it and licence holders have time to become compliant. That staging is the thing to keep track of, because a provision that has not commenced imposes nothing on you and one that has commenced imposes everything.
| Change | Status |
|---|---|
| Restrictions on permit to acquire applications | In force from 24 December 2025 |
| Licence terms reduced from five years to two | In force from 1 July 2026 |
| New safe storage requirements for permit to acquire applications | In force from 1 July 2026 |
| Additional permit to acquire eligibility requirements, including terrorism related checks | In force from 1 July 2026 |
| Strengthened identity verification for licences and permits | In force from 1 July 2026 |
| Cap on the number of firearms an individual can hold | Not yet in force, commencing on proclamation |
| Reclassification of certain firearms, and the ban on belt fed firearms | Not yet in force, commencing on proclamation |
| Magazine capacity limits | Not yet in force, commencing on proclamation |
| Buyback, Phase 1 | Opens 2 November 2026 |
| Buyback, Phase 2 | Expected early 2027 |
The Act is broader than firearms and also deals with terrorist symbols and police powers at public assemblies. This page covers the firearms provisions only.
The ownership limits
The headline change is a cap on how many firearms one person can hold, where previously there was none.
- Four firearms for most individual licence holders
- Ten firearms for eligible primary producers and sporting shooters, on a stricter set of criteria
The Government estimates that the limits and the reclassifications together affect around 50,000 licence holders and up to 274,000 registered firearms, approximately 24 per cent of everything registered in New South Wales.
These provisions have not yet commenced. They will start on proclamation, on a date still to be set. Until then, holding more than four firearms under an ordinary licence is not an offence. From the moment they do commence, it is. That gap is why the compliance question is worth working through now rather than waiting for an announcement.
Whether you qualify for the higher limit is not a formality. Primary producer and sporting shooter status each turn on criteria the Registry assesses, and a person who assumes they qualify and turns out not to is holding six firearms too many on the day a provision starts.
Reclassifications and magazine limits
Separately from the numerical cap, a group of firearms moves category or becomes prohibited outright. A firearm you hold lawfully today under a category A or B licence may require a category C licence afterwards, and category C is limited primarily to primary producers.
- Straight pull, pump action and button or lever release firearms move into category C
- Semi-automatic air guns move into category B
- Firearms able to use a belt or link ammunition source outside a detachable or fixed magazine become prohibited firearms and are excluded from categories C and D
- Magazine capacity limits of five or ten rounds apply to relevant category A firearms, and ten rounds to centre-fire rifles other than self-loading ones under category B, where previously capacity was unlimited
Federal law has moved alongside this, with import restrictions on straight pull and pump action rifles, belt fed magazines and high capacity magazines. If you were planning to acquire something in this group, the import position matters as much as the state classification.
A firearm that becomes a prohibited firearm is a substantially more serious matter than one that simply changes category. Unauthorised possession of a prohibited firearm carries fourteen years with a standard non-parole period of four. More on firearms and weapons offences.
Licensing and permit changes already in force
These apply now, and they affect every licence holder rather than only those over the new limits.
- Licences are issued for a maximum of two years. The five year term is no longer available on new applications or renewals. A licence issued before 1 July 2026 stays valid until it expires, so the change reaches you at your next renewal
- Permit to acquire applications now carry new safe storage requirements, additional eligibility requirements including terrorism related checks, and strengthened identity verification. Identity verification is a mandatory precondition to a licence being issued
- Certain decisions involving criminal intelligence can now be delegated to officers of the rank of Assistant Commissioner or above
The practical effect of the shorter licence term is that you now face the Registry’s eligibility assessment twice as often, and each renewal is an opportunity for something in your circumstances to be reconsidered. Anyone with a matter in their history that could bear on eligibility should think about that before the renewal rather than after a refusal.
A refusal, suspension or revocation can be reviewed. Registry decisions are subject to internal review and then to the NSW Civil and Administrative Tribunal, and there are time limits. The arrangements for administrative review of firearm prohibition order decisions were also changed by the 2025 amendments. If you have received a notice, the clock is already running. More on firearm prohibition orders.
The buyback
New South Wales is the first state to commence the national scheme. It is administered by NSW Police, with the cost shared equally between the State and the Commonwealth, and the Commonwealth funding the destruction of surrendered firearms.
Phase 1, from 2 November 2026
- Expected to run initially for twelve months
- Compensation on a fixed price schedule for firearms affected by the new ownership limits and the classification changes, plus a flat fee for associated ammunition
- An industry support package for eligible local businesses and dealers, available from the same date
Phase 2, expected early 2027
- A pathway to compensation, for a fee, for eligible higher value firearms with an indicative market value above $3,000
- Payments capped at $10,000 per firearm
- Further detail is still to be announced
Existing unregistered firearms are a different matter and are covered by the permanent national firearms amnesty, which allows them to be surrendered without penalty. That is a separate scheme and it is worth understanding the distinction before handing anything in.
The fixed price schedule is not negotiable, and Phase 2 has a fee attached. If you hold something with a genuine market value well above the schedule, whether it fits Phase 2 and whether the $10,000 cap covers it is worth working out before November rather than after you have surrendered it. Compensation is not compulsory acquisition with a right to argue value.
What to work out now
- Count what you hold, and against which licence. The cap is per person, not per licence category
- Check whether anything you own is being reclassified or prohibited. Straight pull, pump action, button or lever release, semi-automatic air guns, and anything belt fed
- Establish whether you qualify for the higher limit as a primary producer or sporting shooter, on the Registry’s criteria rather than on your own assessment
- Check your renewal date against the new two year maximum term
- Check your storage against the new permit to acquire requirements if you intend to acquire anything
- Decide what you will surrender and whether it belongs in Phase 1 or is worth waiting for Phase 2
The Registry is publishing implementation material as each stage takes effect, and it is the authoritative source for how each provision will operate. Where the question is whether you are compliant, or what to do about a decision that has gone against you, that is where advice is worth getting.
Where the legal risk actually sits
For the overwhelming majority of licence holders this is an administrative exercise. The risk is not that you will be prosecuted for holding something lawfully. It is in three narrower places.
Being over the limit on the day a provision starts
Once the caps and reclassifications commence, holding something you are no longer authorised to hold is unauthorised possession. Depending on the firearm, that runs from five years to fourteen, and to twenty where more than three firearms are involved and one is a pistol or prohibited firearm.
A renewal that does not go your way
Shorter licence terms mean more frequent assessment. A refusal, suspension or revocation is reviewable, but there are time limits and the review is only as good as the material put before it.
Storage and compliance inspections
Safe storage requirements are enforceable offences, not guidance, and the permit to acquire requirements have tightened. An inspection that finds a storage breach is a charge, not a warning.
An AVO, or a charge in an unrelated matter
An apprehended violence order affects eligibility to hold a licence whether or not any criminal charge succeeds, and a conviction for a prescribed offence does the same. This catches people who consented to an order to make a family law matter simpler. More on defending or consenting to an AVO
If any of that is where you find yourself, the useful time to deal with it is before a deadline rather than after a notice. More on firearms and weapons charges.
Common questions
Do the new limits apply to me right now?
Not yet. The caps, the reclassifications and the magazine limits have not commenced and will start on proclamation, on a date still to be set. The licensing changes, including the two year licence term and the new permit to acquire requirements, are already in force.
I hold more than four firearms. What happens?
Nothing until the cap commences. From that point, holding more than you are authorised to hold is unauthorised possession, which is a criminal offence rather than an administrative one. The buyback opening on 2 November 2026 is the mechanism for surrendering the excess with compensation, and working out which of your firearms are affected is the thing to do first.
I am a farmer. Am I exempt?
Eligible primary producers can hold up to ten rather than four, and sporting shooters have a similar higher limit on their own criteria. Whether you meet those criteria is assessed by the Registry, not assumed. If your status is arguable, establish it now rather than discovering the answer when a provision commences.
My licence is due for renewal. Will I get five years?
No. Since 1 July 2026 licences are issued for a maximum of two years on both new applications and renewals. An existing five year licence remains valid until it expires, so the change reaches you at your next renewal rather than immediately.
How much will I be paid for a firearm I surrender?
Phase 1 pays on a fixed price schedule published by NSW Police, plus a flat fee for associated ammunition. It is not a negotiation and it is not a market valuation. Phase 2, expected in early 2027, offers a pathway for firearms with an indicative market value above $3,000, for a fee, capped at $10,000 per firearm. If you hold something valuable, work out which phase it belongs in before you surrender it.
What if my firearm is unregistered?
That is a different scheme. Unregistered firearms are covered by the permanent national firearms amnesty, which allows them to be surrendered without penalty. The buyback is for lawfully held, registered firearms affected by the new limits and classifications. Do not conflate the two, and get advice before handing in anything unregistered.
My licence application has been refused. Can I do anything?
Yes. Registry decisions are subject to internal review and then to the NSW Civil and Administrative Tribunal, and there are time limits that start running from the notice. The strength of a review depends almost entirely on the material put before it, so it is worth getting advice early rather than lodging and hoping.
Could I be charged over this?
Not for holding something lawfully. The exposure arises if you are still holding a firearm after the provision affecting it commences, if you breach the storage requirements, or if something unrelated affects your eligibility. Unauthorised possession runs from five years to twenty depending on the firearm and the number involved, so the compliance question is worth taking seriously even though nothing about your conduct has changed.
The gap between compliant and charged is a commencement date
If you are over the new limits, hold something being reclassified, are facing a renewal you are not confident about, or have received a decision from the Registry, speak to us before the deadline rather than after it.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Suite 3.13, 33 Lexington Drive, Bella Vista NSW 2153. Courts we appear in.