Possession of Cartridge Ammunition

Under Section 124 of the Firearms Act 1996 (FA), possessing cartridge ammunition that differs from the types allowed under a person’s firearm licence constitutes a criminal offence.

This law is designed to regulate the types of ammunition that individuals may possess to ensure public safety and compliance with licensing regulations.

Example of Possessing Cartridge Ammunition

Consider a scenario where police execute a search warrant at an individual’s home and discover cartridge ammunition intended for hunting. If this ammunition is not covered by the individual’s firearm licence, they may face charges for illegal possession.

Police Interview Process:

If authorities allege that you possess cartridge ammunition inconsistent with your licence, you will likely be taken to a police station for questioning. During this police interview, it is vital to contact a legal representative from our office for advice and strategy formulation prior to participating in the interview.

The interview will be recorded and includes various questions aimed at gathering evidence related to your possession of the cartridge ammunition. Police often seek to obtain admissions that could significantly weaken your defence. While you are not obligated to cooperate, providing thoughtful responses can often be in your best interest, as it may help clarify your situation or mitigate charges.

What must the prosecution prove:

To successfully prosecute a charge of possession of cartridge ammunition contrary to your licence, the prosecution must establish several critical elements beyond a reasonable doubt:

1. Possession of Cartridge Ammunition:
   • Defined as ammunition that includes a bullet or projectile and a priming device enclosed in a cartridge case.
   • ‘Possessed’ refers to the effective control of the ammunition, which can include both physical custody (holding it) and constructive possession (having access to it, such as in your home).
2. Conduct Element:
   • The ammunition must be within your control, although it does not have to be physically on your person.
3. Mental Element:
   • The court must determine that you had the intention to possess the cartridge ammunition, which can be inferred from your knowledge of its existence and your admission regarding its nature.
4. Type of Ammunition:
   • The cartridge must not be suitable for use in the firearms category that your licence covers.

Where will my case be heard?

Most offences of this nature are handled summarily, meaning they will typically be tried in the Magistrates Court of Victoria. However, if there are aggravating circumstances (such as previous offences or use of the ammunition in crimes), the case could be escalated to the County Court.

Penalties for possession:

Possible penalties include:

• Imprisonment: Depending on the severity and context of the offence.
• Fines:
  • Possessing improper cartridge ammunition could incur a fine of up to 40 penalty units (approximately $6,500).
  • Lesser offences might carry fines of up to 10 penalty units each (around $1,612).

Note that penalties may be reviewed annually by the Victorian Department of Treasury and Finance.

What happens next?

If you are facing charges, you should assess your position critically. Engage with your lawyer to discuss the following next steps:

1. Review of Charges: Ensure that the prosecution has clearly outlined the particulars of your charges and that they can prove all elements of the offence.
2. Consider Defences: Discuss with your lawyer potential defences, such as mistaken belief regarding your possession or whether the ammunition was indeed yours.
3. Plea Decisions: Decide whether to plead guilty or not guilty, considering the strength of the prosecution’s case and the likelihood of a contested hearing.
4. Mitigation of Penalties: Explore options for minimising penalties, including demonstrating cooperation with authorities, engaging in character-building activities, or pursuing legal programs that may reflect positively on your case.
5. Preparation for Court: Your lawyer will help you prepare for the proceedings, ensuring that all evidence is reviewed and any witnesses who can support your case are identified.

Facing charges related to possession of cartridge ammunition is a serious matter that can carry significant legal consequences. Engaging experienced legal representation is crucial for navigating the complexities of the law and formulating an effective defence.

Our team is committed to providing comprehensive support to individuals charged under Section 124 of the Firearms Act, ensuring that your rights are protected throughout the legal process. For immediate assistance and legal advice, contact us at 1800 130 120 or visit marcus@mklawfirm.com.au.