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CRIMINAL LAW

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Firearm & Weapon Offences

In Victoria, offences regarding weapons are contained in the Firearms Act 1996. This legislation deals with possession of a firearm without a license and/or use of a firearm. Additionally, there are offences which are covered under the Control of Weapons Act 1990, which sets out a list of weapons that an individual is prohibited to have in their possession without a lawful excuse, including prohibited weapons, controlled weapons, and dangerous articles.

 

It is important that you obtain legal advice and representation regarding these charges. We provide our legal services to accused people charged with the following offences:

  • Possessing firearms;
  • Possessing ammunition;
  • Failing to store their firearms;
  • Being a prohibited person in possession of a firearm;
  • Possessing controlled weapons;
  • Possessing prohibited weapons; and
  • Possessing dangerous articles.

In Victoria, it is an offence for a person to carry, possess, or use a firearm (including a longarm or a handgun) without an appropriate licence under the Firearms Act 1996. The penalty associated with such an offence typically depends on the firearm. For example:

  • For a longarm, the maximum penalty for this offence is a fine up to 120 penalty units or two (2) years’ imprisonment;
  • For a handgun, the maximum penalty for this offence is up to 240 penalty units or four (4) years’ imprisonment;
  • For a prohibited weapon, the maximum penalty for this offence is 240 penalty units or two (2) years’ imprisonment;
  • For a controlled weapon, the maximum penalty of 120 penalty units or imprisonment of one (1) year unless in a licensed venue; or
  • For a dangerous article, the maximum penalty of 60 penalty units or six (6) months’ imprisonment unless in a licensed venue.

 

We provide legal advice and litigation services to individuals who have had their applications for a gun licence refused, or have received notice that their gun licence will not be renewed, and/or will be revoked.

 

If you are charged with a firearm or weapon offence, it is important to consider whether a defence may be available to (particularly if there is a lawful explanation as to the reason for possessing the firearm or weapon). It is also important to be fully informed and advised of any potential penalties and sentences.

 

We are mindful that there are often serious repercussions following a guilty charge for a firearms offence. A finding of guilt may impact employment, particularly for those working within the security industry.

 

If you have been charged with firearm or weapon offences, call our office today on (03) 8376 6209, and speak with one of our experienced Criminal Lawyers to determine the most appropriate approach to your case.

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