Have you been Charged with an Offence of being an Unlicensed Person having Stored in an Insecure Manner?

Have you been charged with the Offence for an Unlicensed Person to Store a Firearm in an Insecure Manner?

Under Section 129A of the Firearms Act 1996, it is an offence for a person who does not possess a valid firearms licence to store a firearm or any cartridge ammunition in an insecure manner.

This legislation is designed to ensure that firearms are stored safely to prevent unauthorised access and reduce the risk of accidents or misuse. Given the gravity of the charge, it is crucial for individuals facing this allegation to seek legal advice promptly.

What the Prosecution Must Prove?

To secure a conviction under Section 129A, the prosecution must establish several key elements:

1. The prosecution must prove that you were in possession of a firearm.
2. You did not have a valid licence authorising the possession of that firearm under the Firearms Act.
3. The prosecution must show that the firearm or any cartridge ammunition was stored in a manner deemed insecure.

This involves providing evidence that the storage method did not meet the standards established by law or guidelines set forth by the Chief Commissioner.

Penalties for an offence of being unlicenced and storing in an insecure manner:

The offence is taken seriously, and the penalties for violation can be severe, including fines of up to 240 penalty units or a maximum of 4 years imprisonment.

Where will my case be heard?

A charge for the offence for an unlicensed person to store in an insecure manner will be heard in the Magistrates’ Court.

Factors and defences to consider:

• Were you aware that you stored the firearm and/or ammunition insecurely?
• Or was this insecure storage an accident?
• Were you unaware that an unlicensed person was required to store a weapon in a particular way?
• Do you have any previous convictions of a similar nature?
• What were the surrounding circumstances of this offence?

What happens next?

If you are charged under Section 129A for storing a firearm or cartridge ammunition in an insecure manner without a valid licence, the next steps involve several important processes. First, you will receive a court summons that outlines the charges against you, including the date and location of your court appearance. It is crucial to take this seriously, as failure to appear in court can result in additional penalties.

Once you have been notified of the charges, it is advisable to engage a criminal defence lawyer at MK Law who specialises in firearm-related offences. Your lawyer will help you understand the charges, advise you on your legal rights, and begin building a defence strategy tailored to your circumstances. They will review the evidence presented by the prosecution and assess the details of your case to determine the best course of action.

In preparation for your court appearance, your lawyer may gather evidence, such as photographs of the storage arrangements, witness statements, or any relevant documentation that supports your case. They will represent you in court, presenting your defence and arguing against the prosecution’s claims. Depending on the circumstances, your lawyer may also negotiate with the prosecution for a potential plea bargain or alternative sentencing options. Ring 1800 130 120 today.