There are a range of weapons and firearms offences to be dealt with through the court system, and while many of them are minor offences of possession, if not dealt with carefully and promptly by a thorough lawyer, can escalate. Vanessa Ash can represent you in your firearms and weapons cases.
Any offences relating to guns, BB guns, rifles, knives, swords, blades, licensing, and possession need legal representation.
The law – weapons and firearms
Without a licence or exemption, it is illegal to possess firearms or weapons, or to carry ordinary items for use as a weapon (like a pocket knife). Household knives and other items are also classified as weapons.
Guns (firearms)
Anyone who wants to own, possess, or carry a gun (including handguns and longarms) must have a licence, and if you do not have a licence, you can be fined or imprisoned. Sentences range from two to seven years, depending on the nature of the offence. If you have previously been convicted of a serious crime and are a ‘prohibited person’, and are found with an unlicensed gun, you may end up with a heftier sentence.
A handgun versus a longarm
A handgun is a firearm that can be carried or concealed on a person, or can be raised and fired using just one hand, or isn’t longer than 65cm in length parallel to the barrel. A longarm is any other gun that is not a handgun.
Fake guns
Known as an ‘imitation firearm’, a fake gun is a device that could be reasonably mistaken for a real gun. You cannot display, possess, carry, use, import or sell fake guns in Victoria without an exemption.
The definition of a firearm
A firearm is a device that is designed or adapted for discharging a missile (a bullet or other shot) using the expansion of gases by igniting highly combustible materials, or using compressed air or other gases, either stored in the device or produced by mechanical means within the device. This includes shotguns, rifles, homemade weapons, handguns, and anything else that fits this description.
Other prohibited weapons
There is a list of prohibited weapons that you cannot legally possess or sell unless you have an exemption. Prison sentences include two to four years (with the latter for taking a weapon near a bar or pub that serves alcohol). This includes:
- Knives – butterfly, flick knives
- Tasers
- Swords
- Throwing stars
- Knuckle dusters or brass knuckles
- Extendable batons
- Slingshots
- Fake guns
Reasons you can be permitted to carry a gun:
- For your job – for example a police officer
- For recreational activities – for example hunting during specified hunting seasons in designated areas
- Collecting
Self defence is not a legal reason to carry a gun or weapon.
Controlled weapons
Carrying or possessing a controlled weapon without a legal reason can see you in prison for up to two years. If you are using a controlled weapon in an unsafe way, you can be fined.
- Cattle prods
- Spear guns
- Fishing knives
- Hunting knives
- Cudgels
- Batons
- Kitchen knives
Dangerous articles
A dangerous article is an item that becomes dangerous when used as a weapon like a hammer or golf clubs. You can’t carry a dangerous article in a public place with the intent to use it as a weapon or for self defence. Prison sentences for dangerous articles range from six months to a year in prison or a fine.
Body armour
Unless you have received the authority to do so by the Chief Commissioner, it is illegal for you to possess body armour in Victoria, with prison terms up to two years, or a fine.
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