Have you been charged with Offence for Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence?

What does it mean to be charged with being a non-prohibited person, with possession, carry or use of a handgun without a licence?

Section 7 of the Firearms Act 1996 makes it an offence for a non-prohibited person to possess, carry, or use a registered handgun without holding the appropriate licence. The law distinguishes between different categories of handguns (general category handguns and category E handguns) and the purposes for which the handguns are used (such as collecting).

The key elements of the offence include:

• The possession, carrying, or use of a registered handgun by a non-prohibited person.
• The non-prohibited person must have a valid licence under the appropriate sections of the law, depending on the type of handgun and the purpose for its use.

What the Prosecution Must Prove:

For a successful prosecution under Section 7, the following elements must be established beyond a reasonable doubt:

1. You are not barred from possessing or using firearms due to a legal prohibition (e.g., criminal convictions or mental health restrictions).
2. It must be proven that you had possession of, carried, or used the handgun. The handgun must be registered under the law, which means it is not an unregistered or illegal firearm.

The prosecution must establish whether the handgun was a general category handgun or a category E handgun, as different penalties apply depending on the type.

      3.You were not in possession of the required licence under Division 3 or 5 of the relevant part of the Act (or under sections 21, 21A, or 25 for collectors).

The prosecution must prove that the purpose of possession, carrying, or use of the handgun was not permitted by the type of licence held by the defendant. For example, if the person was using a general category handgun for a purpose other than collecting, this would constitute an offence.

Where will my case be heard?

An offence for non-prohibited person to possess, carry or use a longarm without a licence will be heard in the Magistrates’ Court.

Penalties for being a non-prohibited person with a handgun without a licence:

Penalties vary based on the category of the handgun, the date of its manufacture, and whether the handgun is being collected or used for other purposes.

Penalties include:

• Up to 240 penalty units or 4 years imprisonment for breaches involving general category handguns.
• Up to 600 penalty units or 7 years imprisonment for breaches involving category E handguns.

Factors and defences to consider:

• Did you possess, carry or use a handgun? 
• Did you possess, carry or use it without a licence? 
• Did you possess the handgun for reasons other than active use, such as for its historical value or as a collector’s item?
• Do you have any previous convictions of a similar nature?
• What were the surrounding circumstances of this offence?

Due to the serious nature of this offence, it is crucial that you seek expert legal advice immediately to ensure a tailored defence strategy is developed for your situation.

What happens next?

If you have been charged with the offence of possessing, carrying, or using a handgun without a licence, it is important to understand the legal process ahead. After being charged, you will be required to attend court, where the prosecution will present their case against you. This is a serious offence with penalties that may include substantial fines or imprisonment. It’s essential to seek immediate legal advice to protect your rights and understand your options moving forward. Contact MK Law for expert, confidential advice tailored to your situation, and to begin building a strong defence strategy. Call 1800 130 120 today.