Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept

What Does This Offence Mean?

Under section 126 of the Firearms Act 1996 (FA), it is a serious criminal offence for a person to possess a longarm, handgun, or ammunition and fail to ensure it is carried, used, or kept in a safe and secure manner. This includes taking adequate precautions to prevent the firearm or ammunition from being lost or stolen. Essentially, the law mandates responsible possession and management of firearms to ensure public safety.

Examples of Offences:

• A person hiking with a full backpack accidentally drops a handgun through a hole in the pack.
• A passenger on a bus leaves ammunition behind, which is subsequently discovered and taken by another person.
• A longarm is left unattended on the passenger seat of a car, leading to its theft after a passerby breaks the window.

What Must the Prosecution Prove?

To secure a conviction for this offence, the prosecution must establish several key elements beyond a reasonable doubt:

1.Possession:

You must have had effective physical control over the firearm or ammunition, regardless of whether it was directly in their possession at the time of the incident. This means it could be in a location accessible to them (e.g., their bedroom).

2. Conduct Element:

The firearm or ammunition must have been within your control, either physically held or easily accessible.

3. Mental Element:

There must be sufficient evidence to infer your intention to possess the firearm or ammunition. This could include admissions or awareness of the item’s existence.

4. Type of Firearm or Ammunition:

The item in question must fall under specific categories defined in the FA (e.g., Category A, B, C, D, or E firearms).

5. Safe and Secure Manner:

The prosecution must demonstrate that you failed to carry, use, or keep the firearm or ammunition in a manner that could be deemed safe, including measures taken to avoid loss or theft.

Where Will My Case Be Heard?

Typically, matters concerning this offence are dealt with summarily in the Magistrates Court of Victoria. However, if there are aggravating circumstances or if it is a repeat offence, the case may be escalated to the County Court of Victoria. Such circumstances could involve the use of a firearm in a crime or associated threats.

What Penalties Apply?

The penalties for failing to ensure the safe and secure handling of firearms and ammunition can be severe and vary based on the type of firearm involved:

• Term of Imprisonment:
  • Category A or B longarm/handgun: Maximum 12 months
  • Category C or D longarm/handgun: Maximum 2 years
  • Category E longarm/handgun: Maximum 4 years
  • Cartridge ammunition: Maximum 12 months
• Financial Penalties:
  • Category A or B longarm/handgun: Maximum 60 penalty units (approximately $9,670)
  • Category C or D longarm/handgun: Maximum 120 penalty units
  • Category E longarm/handgun: Maximum 240 penalty units
  • Cartridge ammunition: Maximum 60 penalty units

Each penalty unit is currently valued at $161.19, and maximum penalties are subject to annual review and adjustment by the Victorian Department of Treasury and Finance.

Factors and Defences to Consider:

In preparing your defence, consider the following key factors:

• Strength of the Prosecution’s Case: Did the prosecution provide adequate particulars of the charge? Can they prove all elements of the offence?
• Precautions Taken: What reasonable steps did you take to secure the firearm or ammunition? Would a reasonable person in similar circumstances have acted differently?
• Past Behaviour: Any history of similar offences could influence the outcome.

Possible defences include:

• Lack of proof for all elements of the offence.
• Taking reasonable precautions (e.g., securing firearms in a locked location).
• Factual disputes regarding possession.
• Mistake of fact or necessity.
• Actions taken under duress or in response to an emergency.

What Happens Next Regarding Contacting MK Law?

It is essential to reach out to MK Law as soon as possible to discuss your case. Our experienced criminal defence lawyers can provide you with the legal advice you need and help you navigate the complexities of your charge. When you contact us, we will:

• Review the specifics of your case and assess your chances of a successful defence.
• Prepare you for any police interviews, ensuring you understand your rights and the implications of your responses.
• Develop a tailored legal strategy, focusing on mitigating penalties and addressing potential defences.

For immediate assistance, please contact our legal team for free advice 24/7 at 1800 130 120 or visit our website at marcus@mklawfirm.com.au.