Have you been Charged with an Offence of being an Unlicensed Person having Stored in an Insecure Manner?

Free Legal Advice 24/7

Prohibited Person Possessing Firearms

Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence

Possessing, carrying or using an unregistered handgun

Possession of a Traffickable Quantity of Unregistered Firearms

Using a firearm to resist arrest

Immediate Cancellation of a Licence

Cancellation of a Licence Held by a Non-Resident

Suspension of a Licence and Notice of Proposal to Cancel

Suspension of a Firearms Licence for Certain Prohibited Persons

Power of the Chief Commissioner to Cancel Licence

Restrictions on an Application for a Licence Following Cancellation

Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation

Storage of Firearms under Longarm and Handgun Licences

Permit to Store Handguns

Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences

Storage of firearms under dealer licences

Possession of Cartridge Ammunition

Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept

Using a Firearm in a Dangerous Manner

Offence of being an Unlicensed Person having Stored in an Insecure Manner

Application to be Deemed not a Prohibited Person

Have you been charged with the Offence for an Unlicensed Person to Store a Firearm in an Insecure Manner?

Under Section 129A of the Firearms Act 1996, it is an offence for a person who does not possess a valid firearms licence to store a firearm or any cartridge ammunition in an insecure manner.

This legislation is designed to ensure that firearms are stored safely to prevent unauthorised access and reduce the risk of accidents or misuse. Given the gravity of the charge, it is crucial for individuals facing this allegation to seek legal advice promptly.

What the Prosecution Must Prove?

To secure a conviction under Section 129A, the prosecution must establish several key elements:

The prosecution must prove that you were in possession of a firearm.
You did not have a valid licence authorising the possession of that firearm under the Firearms Act.
The prosecution must show that the firearm or any cartridge ammunition was stored in a manner deemed insecure.

This involves providing evidence that the storage method did not meet the standards established by law or guidelines set forth by the Chief Commissioner.

Penalties for an offence of being unlicenced and storing in an insecure manner:

The offence is taken seriously, and the penalties for violation can be severe, including fines of up to 240 penalty units or a maximum of 4 years imprisonment.

Where will my case be heard?

A charge for the offence for an unlicensed person to store in an insecure manner will be heard in the Magistrates’ Court.

Factors and defences to consider:

Were you aware that you stored the firearm and/or ammunition insecurely?
Or was this insecure storage an accident?
Were you unaware that an unlicensed person was required to store a weapon in a particular way?
Do you have any previous convictions of a similar nature?
What were the surrounding circumstances of this offence?

Firearm Offences Charges

Prohibited Person Possessing Firearms

Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence

A non - prohibited person possessing, carrying, or using an unregistered longarm

Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence

Possessing, carrying or using an unregistered handgun

Possession of a Traffickable Quantity of Unregistered Firearms

Using a firearm to resist arrest

Immediate Cancellation of a Licence

Cancellation of a Licence Held by a Non-Resident

Suspension of a Licence and Notice of Proposal to Cancel

Suspension of a Firearms Licence for Certain Prohibited Persons

Power of the Chief Commissioner to Cancel Licence

Restrictions on an Application for a Licence Following Cancellation

Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation

Storage of Firearms under Longarm and Handgun Licences

Permit to Store Handguns

Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences

Storage of firearms under dealer licences

Possession of Cartridge Ammunition

Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept

Using a Firearm in a Dangerous Manner

Offence of being an Unlicensed Person having Stored in an Insecure Manner

Application to be Deemed not a Prohibited Person

Testimonials

What people Say

Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read More

Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less

Simarjit Pawar

5
5/5
I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read More

I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less

Reachie TY

5
5/5
I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read More

I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less

Xavian Tech

5
5/5
I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. ... Read More

I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. Michael was well prepared, taking onboard all the information, with communication all the way. He clearly explains all the outcomes and was by my side every step of the way. A genuine caring lawyer that has your best interest. Read Less

julie smith

5
5/5

What happens next?

If you are charged under Section 129A for storing a firearm or cartridge ammunition in an insecure manner without a valid licence, the next steps involve several important processes. First, you will receive a court summons that outlines the charges against you, including the date and location of your court appearance. It is crucial to take this seriously, as failure to appear in court can result in additional penalties.

Once you have been notified of the charges, it is advisable to engage a criminal defence lawyer at MK Law who specialises in firearm-related offences. Your lawyer will help you understand the charges, advise you on your legal rights, and begin building a defence strategy tailored to your circumstances. They will review the evidence presented by the prosecution and assess the details of your case to determine the best course of action.

In preparation for your court appearance, your lawyer may gather evidence, such as photographs of the storage arrangements, witness statements, or any relevant documentation that supports your case. They will represent you in court, presenting your defence and arguing against the prosecution’s claims. Depending on the circumstances, your lawyer may also negotiate with the prosecution for a potential plea bargain or alternative sentencing options. Ring 1800 130 120 today.

Free Legal Advice 24/7

Contact Us

Call Anytime For Free Legal Advice 24/7

Top 5 firms by reputation dealing with traffic and criminal law matters.

Mk Law

Top 5 firms by reputation dealing with traffic and criminal law matters.

Useful Links

Get in Touch

MK Law

2/212 Barkly Street, St Kilda
Victoria, 3182
Australia

Phone: 1800 130 120
Email: marcus@mklawfirm.com.au

Copyright ©2003-2025 MK Law. Privacy Policy