Have you been charged with a Firearm Offence in Melbourne

What is a firearm offence?

Firearm offences are taken very seriously in Victoria, with a broad range of charges associated with the unlawful possession, use, or storage of firearms.  

These offences encompass various actions, from possessing firearms (including imitation firearms) to being a prohibited person in possession of a firearm. 

Types of Firearm Offences:

Ammunition Offences 

• Possessing, Acquiring, or Carrying Ammunition  
• Failing to Secure Ammunition Properly 

Firearm Possession and Use 

• Possessing a Longarm Without a Licence 

• Possessing an Unregistered Firearm 

• Possessing Handguns Without a Licence 

• Using Firearms in the Commission of an Offence 

Carrying Firearms in Public 

• Carrying a Loaded Firearm in Towns or Populous Places 

• Carrying Firearms in Public Thoroughfares 

• Failing to Store Firearms or Ammunition Securely 

Prohibited Persons and Firearms 

• Prohibited Person Possessing Firearms 

• Possessing Firearms Without a Licence (Non-Prohibited Person) 

Other Offences 

• Control of Body Armour 

• Using Firearms to Resist Arrest 

What are the penalties for firearm offences?

Firearm offences are subject to severe penalties. The potential consequences of being found guilty or pleading guilty include: 

• Imprisonment 

• Financial Fines (conviction or non-conviction) 

• Cancellation of Firearm Licence 

• Forfeiture of Firearms 

• Community Corrections Orders (COO) 

• Youth Justice Centre Orders (YJCO) 

• Discharge/Dismissal of Charges 

In some cases, the court may apply a non-conviction, meaning no disclosable criminal history is recorded. 

What are some sentencing considerations?

When sentencing for firearm offences, the court considers various factors, including: 

• The gravity and nature of the offence 

• The defendant’s role in the offence 

• Whether the firearm was registered or unregistered 

• The defendant’s criminal history and personal circumstances 

• The location of the offence 

• The level of planning involved 

• The impact on the victim/public 

Aggravating factors such as the use of a firearm in the commission of an offence or previous criminal history may result in harsher penalties. 

Some common considerations when defending a firearm charge include:

• Whether the prosecution has a strong case 

• Whether the firearm was capable of being used 

• Whether there is a lawful justification for possessing the firearm 

• Options to minimise penalties 

• Whether a guilty or not guilty plea is advisable 

What are some possible defences to consider?

Defending Firearm Offences 

Our lawyers work to understand the full context of the offence, including why it occurred and the circumstances surrounding the charge. We analyse police evidence, ensure critical evidence is preserved, and explore witness testimonies that may help your case. We have successfully challenged police evidence, reduced charges, and ensured that the court considers the full context of the offence. 

Contact Our Legal Team

If you need assistance with a firearm offence charge, our criminal defence lawyers are available 24/7 to provide free legal advice. Contact us at 1800 130 120 or visit marcus@mklawfirm.com.au. 

For more information on specific charges relating to Firearms, please review our website.