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

What does it mean to be charged with an offence for non-prohibited person to possess, carry or use a longarm without a licence?

Section 6 of the Firearms Act 1996 (“FA”) covers the offence of possessing, carrying, or using a longarm without the appropriate licence. This offence pertains to non-prohibited persons—those who are not legally barred from possessing firearms—who fail to comply with the licensing requirements set forth in the legislation. Longarms are typically defined as rifles or shotguns, which are categorised into different classes (A, B, C, D, and E) based on their features and intended use.

Under Section 6 of the FA, non-prohibited persons are prohibited from possessing, carrying, or using registered longarms unless they have obtained a licence as specified in the Act. The penalties for this offence vary depending on the category of the longarm in question:

• Category A: 120 penalty units or 2 years imprisonment.
• Category B: 120 penalty units or 2 years imprisonment.
• Category C: 240 penalty units or 4 years imprisonment.
• Category D: 240 penalty units or 4 years imprisonment.
• Category E: 600 penalty units or 7 years imprisonment.
• Paintball Markers: 120 penalty units or 2 years imprisonment.
• Non-Categorised Longarms: 240 penalty units or 4 years imprisonment.

What the Prosecution Must Prove:

In order to secure a conviction for this offence, the prosecution must establish several key elements:

1.The prosecution must demonstrate that you are a non-prohibited person.

This means that you have not been convicted of certain offences or do not fall under any legal categories that disqualify you from possessing firearms.

2. It must be proven that you possessed, carried, or used a longarm.

This can include direct possession (having the firearm in your immediate control) or indirect possession (having the firearm available for use).

The prosecution must identify the specific category of the longarm (A, B, C, D, or E) that you allegedly possessed, carried, or used without a licence. This determination affects the severity of the penalty.

3. The prosecution must show that you did not possess a valid licence for the category of longarm in question.

This includes proving that you were required to have a licence and failed to obtain one.

While it may not be necessary to prove that you were aware of the specific licensing requirements, establishing that you acted without the requisite licence will strengthen the prosecution’s case.

What does non-prohibited mean?

Non-prohibited refers to individuals who are legally allowed to possess, carry, or use firearms or other regulated items because they do not fall under certain categories that disqualify them from such rights.

In the context of firearms legislation, a non-prohibited person is someone who has not been convicted of specific offences, such as serious crimes or violent acts, and does not have any legal restrictions placed on them regarding firearm ownership. This status contrasts with prohibited persons, who are generally barred from possessing firearms due to their criminal history, mental health issues, or other legal reasons.

Penalties for being a non-prohibited person to possess, carry or use a longarm without a licence:

The penalties vary depending on the category of longarm you have been charged with using. The penalty range from 120 penalty units or 2 years imprisonment to 600 penalty units and 7 years imprisonment.

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.

Factors and defences to consider:

• Have you possessed, carried or used a longarm that is prohibited?
• Did you have a licence to use this longarm?
• Were there any mitigating circumstances for its possession, carriage or use?
• What were the surrounding circumstances of this offence?

What happens next:

If you have been charged with an offence for non-prohibited person to possess, carry, or use a longarm without a licence, it’s crucial to take immediate action. Contact MK Law for expert legal advice and representation. Our experienced criminal defence lawyers will review your case, assess the prosecution’s evidence, and develop a robust defence strategy tailored to your situation. Don’t delay—reach out to MK Law today at 1800 130 120 for a confidential consultation and ensure your rights are protected.