THE 106 replica guns seized at an AgQuip stall from a man accused of firearms dealing will be forensically examined as part of a ballistics report.
Jaincong Zheng did not appear in Tamworth Local Court on Wednesday when the case was briefly mentioned.
Solicitor Geoff Archer said he was acting as an agent in the case for a Sydney barrister and asked for a brief of evidence to be ordered in the case.
"He's in the community, he lives in Sydney, I doubt that he's going to be here," Mr Archer said, when he was asked where his client was.
"I have instructions to have him excused."
Magistrate Julie Soars asked why a brief hadn't been ordered already.
"Has there been an election by the DPP, sergeant?" she said.
"This is the third mention now."
Police prosecutor Sergeant Cynthia Donovan said the DPP had now taken on the case, which meant it was likely to head for trial or sentence in the district court.
"We're just seeking an adjournment, seeking a brief to be served," she told the court.
"There's a ballistics report that is required."
Ms Soars said she didn't have the power to order a ballistics report; it needed to be referred by police.
"I'm putting that on the record, that will be something," Sergeant Donovan said.
"Apparently they won't do a ballistics report until the court orders it."
Ms Soars ordered the police to serve the evidence before the case returns to court in December.
Zheng remains on bail, to live in Sydney.
Police will allege the replicas - 45 pistols, 18 air pistols, 42 sub machine guns and one assault rifle - were being offered for sale. The officers seized all of them and more than $5000 cash.