It is illegal in Victoria to carry, use, or possess an unregistered gun. A longarm carries penalties of up to 120 penalty units or two years in prison, while a handgun penalty is twice that. If you are facing gun charges, you should consult with a lawyer.

    Penalties for gun charges

• Prison
• Suspended sentence
• Fines
• Diversion
• Dismissal
• Community Corrections Orders

     How the police must prove their case beyond reasonable doubt

• You must be shown to be in possession/carrying/using of the gun
• The gun or weapon or item fits into the definition of a firearm
• The firearm was not registered

Possession means physical possession or control of, either alone or with others. Carrying the firearm may mean parts of it, if it was dismantled.

     Defences of gun charges

Possible defences of possession, carrying or using an unregistered firearm may include it being a reasonable and honest mistake, or a factual dispute. This matter is an indictable offence.

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