Storage of firearms under dealer licences

A person who holds a dealer licence and stores longarms, handguns, ammunition, or paintball markers in a manner that breaches the requirements fixed in the licence is guilty of a serious criminal offence.

This offence is outlined in section 123 of the Firearms Act 1996 (FA). Violations of firearm storage regulations can lead to severe legal consequences, including significant fines and potential imprisonment.

Police Interview:

If police allege that you hold a dealer licence and have improperly stored longarms, handguns, ammunition, or paintball markers, they will likely take you to a police station for questioning. At this point, you are encouraged to contact our office to obtain legal advice and develop a strategic plan before agreeing to participate in the interview. Engaging with a lawyer can help you avoid common mistakes that may hinder your defence.

The police interview is recorded, and officers will ask various interrogative questions designed to explore the circumstances surrounding the alleged breach of storage requirements. Their goal is to elicit admissions and collect evidence that will strengthen their case against you, while potentially undermining your defence. It is important to remember that you are not obligated to cooperate with the police; however, cooperating can sometimes be in your best interest, depending on the specifics of your case.

What must the prosecution prove:

To establish whether you hold a dealer licence and have stored longarms, handguns, ammunition, or paintball markers in a manner that breaches the licence conditions, it is crucial to evaluate the elements of the offence as defined in the law.

Consider the following points:

1. Do you hold a dealer licence?
2. Does the storage of your firearm or ammunition fall under the definitions provided in the FA? The Act categorises firearms into different categories (A, B, C, D, E) based on their type and features, such as:
   • Category A includes airguns, rimfire rifles (excluding semi-automatic), and shotguns (excluding pump-action or semi-automatic).
   • Category B includes muzzle-loading firearms and centre-fire rifles (excluding automatic or semi-automatic).
   • Category C includes tranquiliser guns and certain semi-automatic firearms with specific magazine capacities.
   • Category D includes semi-automatic centre-fire rifles.
   • Category E encompasses machine guns and large calibre military firearms.
3. Was the longarm, handgun, or ammunition stored in a way that violated the licence’s storage requirements?
4. Is there evidence indicating a history of similar violations? Previous breaches could adversely impact your case in court.

Penalties for improper storage of firearms:

The penalties for violating storage requirements vary based on the type of firearm involved. Possible consequences include:

• Term of imprisonment:
  • Maximum of 12 months for Category A or B firearms.
  • Maximum of 2 years for Category C or D firearms.
  • Maximum of 4 years for Category E firearms.
  • Maximum of 2 years for ammunition.
  • Maximum of 12 months for paintball markers.
• Financial penalties (conviction or non-conviction):
  • Up to 60 penalty units (approximately $9,670) for Category A or B firearms.
  • Up to 120 penalty units for Category C or D firearms.
  • Up to 240 penalty units for Category E firearms.
  • Up to 120 penalty units for ammunition.
  • Up to 60 penalty units for paintball markers.

Note: Each penalty unit currently equals $161.19.

To assess the severity of the offence, a Magistrate or Judge will consider various factors, such as the nature of the offence, any mitigating circumstances, the level of planning involved, and whether the offence is part of a broader pattern of criminal activity.

Where will my case be heard?

Offences related to improper storage of firearms are generally dealt with summarily, meaning they are processed in the Magistrates Court of Victoria. However, more serious cases, particularly those involving repeat offenders or complex circumstances (e.g., firearms used in threats or robberies), may be escalated to the County Court of Victoria.

Factors and Defences to consider:

If you plead not guilty to the charge of improperly storing a longarm, handgun, ammunition, or paintball marker, various defences may be available, depending on the specifics of your case. Potential defences include:

• Failure of the prosecution to prove all elements of the offence:

If the prosecution cannot establish their case beyond a reasonable doubt, you may be acquitted.

• Factual dispute or wrongful identification:

If you can show that you did not store the firearm or ammunition improperly or that you were misidentified, this could exonerate you.

• Honest and reasonable mistake of fact:

If you believed you were complying with the storage requirements based on a reasonable interpretation of the regulations.

• Necessity or duress:

If you had no other option but to breach the storage requirements under urgent circumstances.

• Sudden or extraordinary emergency:

If a situation arose that required immediate action contrary to the storage regulations.

• Self-defence:

If your actions were necessary to protect yourself from immediate harm.

The burden is on the prosecution to disprove at least one of the above elements to the criminal standard of beyond a reasonable doubt (as established in Zecevic v Director of Public Prosecutions (1987) 162 CLR 645). If this standard is not met, you cannot be found guilty.

Our experienced criminal defence lawyers are prepared to address your charge concerning the improper storage of firearms. We will ensure you fully understand the implications of your choices and how your case will progress—whether through a contested hearing or a plea agreement. Our history of successfully avoiding convictions and reducing penalties illustrates our commitment to advocating for our clients’ best outcomes.

What happens next?

If you are facing charges for improperly storing firearms as a dealer, the first step is to contact our legal team for a thorough consultation. We will assess the particulars of your case, including the prosecution’s evidence and the circumstances surrounding the alleged breach.

Next, we will help you determine the best course of action—whether to plead guilty or not guilty—and formulate a defence strategy tailored to your situation. This may include gathering evidence, identifying witnesses, and evaluating potential defences such as factual disputes, honest mistakes, or necessity.

We will also discuss the implications of a conviction versus a non-conviction, including how each outcome may affect your firearms licence and future legal standing. Our lawyers will guide you through the court process, representing your interests and working diligently to mitigate penalties.

With our support, you can navigate this challenging situation with confidence, knowing that your rights and best interests are being vigorously defended.

Do not delay, call 1800 130 120.