Have you been charged with a Firearm Offence in Melbourne
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What is a firearm offence?
Firearm offences are taken very seriously in Victoria, from the bail stage through to sentencing, 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 another offence, such as assault, 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.
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- I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a prio...I can’t thank Marcus and Daniel and the team at Mk Law St kilda enough they are very professional great communication you feel like and are a priority. Very Fair on price, they will be my first point of call if I ever need Lawyer help or Advice. So thank you Mk Law. Kind regards. G
G Ambrose - Excellent service and professional support. My case was handled efficiently by Daniel Moon, and I was kept informed throughout. Truly appreciate the care and effort.
Shehroz Obaid - I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding a...I’ve had a great experience with Daniel from MK Law. I highly recommend him for any matters. He was very professional, respectful, understanding and educated when dealing with the matter, while also keeping me informed in any steps.
Gabby Poposki - I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what...I had an excellent experience working with Daniel Moon from MK Law. From the very beginning he was clear, knowledgeable and reassuring during what was a stressful situation for me. He took his time to explain the court system and process as it was my first time. He displayed a strong attention to detail, understanding and handled my case with professionalism. I am very satisfied with the results. I highly recommend his service to anyone needing legal assistance.
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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
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.
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