Have you been charged with Possession of a Traffickable Quantity of Unregistered Firearms?

What does it mean to be charged with possession of a traffickable quantity of unregistered firearms?

Under Section 7C of the Firearms Act 1996, it is an offence to possess two or more firearms if they are not properly registered under the applicable legislation and regulations. This offence is considered serious due to the potential implications for public safety, as unregistered firearms can easily circulate illegally and pose a significant threat.

The legislation defines this as possessing a “traffickable quantity” of firearms, which indicates that the possession of multiple firearms raises concerns about illegal distribution or trafficking, even if that is not the direct intent of the person.

What the Prosecution Must Prove:

To secure a conviction for this offence, the prosecution must prove the following elements beyond a reasonable doubt:

1. You must have been in possession of at least two firearms.
   1. Possession includes actual physical control over the firearms, such as having them on your person, in your home, vehicle, or in a place where you have control over them.
2. The firearms in question must not have been registered in accordance with the Firearms Act or its associated regulations. The prosecution must prove that the firearms were not recorded on the official registry at the time of possession.
3. You did not have lawful authority to possess the firearms, either because you did not hold the appropriate licence or were otherwise acting outside the legal provisions that allow for firearm possession.

Penalty for possessing two or more unregistered firearms:

The offence carries a penalty of up to 1200 penalty units or 10 years imprisonment.

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 is considered a traffickable quantity?

A traffickable quantity of firearms refers to the possession of two or more unregistered firearms.

Where will my case be heard?

A charge for possession of a traffickable quantity of unregistered firearms will be heard in the Magistrates’ Court but may also be heard in the County Court depending on the severity of the offence.

What happens next?

If you have been charged with possession of a traffickable quantity of unregistered firearms, the next steps in your legal process are crucial. After the charges have been laid, you will be required to attend court for an initial hearing, where the details of your case will be presented. This is when the seriousness of the charges becomes evident, and any missteps can have lasting consequences.

At this stage, it is essential to have experienced legal representation to protect your rights and advocate for you. MK Law will support you by carefully reviewing the circumstances of your case, ensuring that no legal errors or violations occurred during your arrest or investigation. Our team will advocate on your behalf, seeking to challenge any weak points in the prosecution’s case.

We will also represent you in court, presenting a tailored defence strategy that is suited to your specific situation. Whether it involves negotiating with the prosecution, seeking a dismissal of charges, or representing you in a trial, MK Law will provide expert legal guidance every step of the way, ensuring your best possible outcome.

Don’t leave your future to chance—reach out to MK Law on 1800 130 120 for confidential and comprehensive legal support today.