s121 Storage of Firearms under Longarm and Handgun Licences

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:

1. That the firearm/ammunition was not being carried or used.
2. That the firearm/ammunition was not stored in a manner required by legislation or the Chief Commissioner.

Section 121 - Storage Requirements:

1. For Category A or B Longarm:
   • Must store when not in use according to guidelines.
   • Penalty: 60 penalty units or 12 months imprisonment.
2. 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.
3. For General Category Handgun or Category C/D Longarm:
   • Must store according to specified manner.
   • Penalty: 120 penalty units or 2 years imprisonment.
4. 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.
5. 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?

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.