Section 93H — Crimes Act 1900 (NSW)

(1) A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person—
(a) is the owner or occupier of the building or land or has the permission of the owner or occupier, or
(b) does so with a reasonable excuse, or
(c) does so for a lawful purpose,
is liable to imprisonment for 5 years.
(2) A person who fires a firearm or spear gun in or into any building or on or on to any land, unless the person—
(a) is the owner or occupier of the building or land or has the permission of the owner or occupier, or
(b) does so with a reasonable excuse, or
(c) does so for a lawful purpose,
is liable to imprisonment for 10 years.
(3) The onus of proving the matters referred to in subsection (1) (a), (b) and (c) and subsection (2) (a), (b) and (c) lies with the defendant.

Related sections

• s 93FB — Possession of dangerous articles other than firearms
• s 93G — Causing danger with firearm or spear gun
• s 93GA — Firing at dwelling-houses or buildings
• s 93I — Possession of unregistered firearm in public place
• s 93IA — Definitions
• s 93IB — Custody of knives in public places or schools

Research how courts apply s 93H

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.