s121 Storage of Firearms under Longarm and Handgun Licences
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Prohibited Person Possessing Firearms
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Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
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A non - prohibited person possessing, carrying, or using an unregistered longarm
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Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
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Possessing, carrying or using an unregistered handgun
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Possession of a Traffickable Quantity of Unregistered Firearms
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Using a firearm to resist arrest
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Immediate Cancellation of a Licence
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Cancellation of a Licence Held by a Non-Resident
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Suspension of a Licence and Notice of Proposal to Cancel
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Suspension of a Firearms Licence for Certain Prohibited Persons
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Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
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Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
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Storage of Firearms under Longarm and Handgun Licences
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Permit to Store Handguns
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Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
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Storage of firearms under dealer licences
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Possession of Cartridge Ammunition
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Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
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Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
Have you been charged with an offence relating to the storage of firearms under longarm and handgun licences?
If you have been charged with an offence relating to the storage of firearms under longarm or handgun licences, it is essential to understand the legal implications. Under section 121 of the Firearms Act 1996, specific requirements must be met regarding how firearms and ammunition are stored when not in use.
What the Prosecution Must Prove:
For the prosecution to secure a conviction, they must establish the following elements:
- That the firearm/ammunition was not being carried or used.
- That the firearm/ammunition was not stored in a manner required by legislation or the Chief Commissioner.
Section 121 - Storage Requirements:
- For Category A or B Longarm:
- Must store when not in use according to guidelines.
- Penalty: 60 penalty units or 12 months imprisonment.
- For Cartridge Ammunition under Longarm Licence (Category A or B):
- Must store when not in use according to guidelines.
- Penalty: 60 penalty units or 12 months imprisonment.
- For General Category Handgun or Category C/D Longarm:
- Must store according to specified manner.
- Penalty: 120 penalty units or 2 years imprisonment.
- For Cartridge Ammunition under Handgun Licence (General Category) or Category C/D Longarm:
- Must store according to specified manner.
- Penalty: 120 penalty units or 2 years imprisonment.
- For Category E Handgun or Longarm:
- Must store according to Chief Commissioner’s manner.
- Penalty: 240 penalty units or 4 years imprisonment.
Penalties by Firearm Category:
- Category A or B Longarm or Ammunition: Maximum penalty is 60 penalty units or 12 months imprisonment.
- General Category Handgun, Category C or D Longarm or Ammunition: Maximum penalty is 120 penalty units or 2 years imprisonment.
- Category E Handgun or Longarm or Ammunition: Maximum penalty is 240 penalty units or 4 years imprisonment.
Where Will My Case Be Heard?
A charge against the storage of firearms under longarm or handgun licences will most likely be heard in the Magistrates Court.
Factors and defences to consider:
- Have you failed to comply with storage guidelines?
- Did you intentionally violate the guidelines?
- What category of firearm does the offence relate to?
- Was the longarm or handgun in use at the time of the charge?
- Was your storage facility secure in accordance with the guidelines established by the Chief Commissioner?
- What were the surrounding circumstances of this offence?
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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
What You Should Do Next
Given the serious nature of the potential penalties, it is crucial to take immediate action if you are facing a charge for incorrect storage of firearms. Contact an experienced criminal lawyer as soon as possible.
They can help assess the circumstances of your case, identify any possible defences, and represent you in court. Engaging a knowledgeable lawyer is the best way to maximise your chances of achieving a favourable outcome and ensuring your rights are protected throughout the legal process. Don’t delay—reach out to our office today on 1800 130 120 for expert guidance and support.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au