It is an offence for an unauthorised person to possess, carry or use a firearm without a licence in Victoria. The Firearms Act covers longarms and handguns.
There are a number of specific offences relating to guns in Victoria:
- A prohibited person possessing, carrying or using a gun
- A non-prohibited person possessing, carrying or using a longarm or handgun without a licence
- Possessing, carrying or using an unregistered gun
- Certain guns attract specific offences
- Firearm trafficking offences
- You may not acquire, dispose of, possess or carry cartridges/ammunition for collections
- You must have proof of registration of each gun
Penalties for guns in Victoria
A longarm may attract 120 penalty units or two years in prison, while a handgun may attract 240 penalty units or up to four years in prison.
You may receive prison time, a Community Corrections Order, a fine, discharge, dismissal, diversion or an adjourned undertaking.
Unauthorised possession of firearm charges
If you find yourself in the position of being charged with a firearms offence, we strongly suggest seeking legal advice promptly. Our highly experienced criminal lawyers can help.
The police must prove beyond a reasonable doubt that:
- You were in possession of the firearm (or were carrying or using it)
- That the item was indeed a firearm
- That you did not have the appropriate licence
What does ‘possession’ mean in real life?
You may physically possess the gun, but you could also be the custodian or controller of the gun, but it not be physically in your possession. You may have or exercise access to the gun, on your own or with others.
The gun may be in parts or whole, possessed by one or more people.
Defences for possessing, carrying or using an unlicensed gun
There may be a range of defences available to us, but the main defences are that you had no intent and that the possession, carrying or using of the gun was an honest and reasonable mistake.
There may also be a factual dispute regarding any of the particulars.
If you’re involved in a case relating to guns, you’ll need legal advice. Vanessa Ash and Associates can help.
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