A non - prohibited person possessing, carrying, or using an unregistered longarm
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Prohibited Person Possessing Firearms
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Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
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A non - prohibited person possessing, carrying, or using an unregistered longarm
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Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
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Possessing, carrying or using an unregistered handgun
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Possession of a Traffickable Quantity of Unregistered Firearms
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Using a firearm to resist arrest
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Immediate Cancellation of a Licence
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Cancellation of a Licence Held by a Non-Resident
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Suspension of a Licence and Notice of Proposal to Cancel
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Suspension of a Firearms Licence for Certain Prohibited Persons
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Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
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Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
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Storage of Firearms under Longarm and Handgun Licences
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Permit to Store Handguns
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Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
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Storage of firearms under dealer licences
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Possession of Cartridge Ammunition
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Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
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Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
What does it mean to be charged with being a non-prohibited person possessing, carrying, or using an unregistered longarm?
In the context of firearm laws in Victoria, a non-prohibited person found in possession of, carrying, or using an unregistered longarm (including paintball markers) commits a serious criminal offence. This provision falls under Section 6A of the Firearms Act 1996 (FA). The seriousness of this offence is particularly pronounced for individuals with prior convictions for similar offences, as repeat offenders may face harsher penalties.
Examples of Possessing, Carrying, or Using an Unregistered Longarm
- A person found carrying their father’s unregistered hunting longarm along a track, with the intent to shoot ducks.
- Police executing a search warrant for an unrelated matter discover an unregistered tranquiliser gun on a couch, which is allegedly used to shoot pests.
Police Interview:
When the police allege that you have unlawfully possessed, carried, or used an unregistered longarm, you will be taken to a police station for questioning. You have the right to contact our office to receive legal advice and develop a strategy before consenting to the interview. This precaution helps you avoid common mistakes that could undermine your defence.
The police interview will be recorded and typically involves a series of interrogative questions aimed at elucidating the circumstances surrounding your possession, carrying, or use of the unregistered longarm. The objective of these questions is to gather evidence and obtain admissions that could solidify the police’s case against you, thereby restricting your ability to mount a viable defence. Although you are not obligated to cooperate with police questioning, doing so can often be in your best interest.
What the prosecution must prove:
To establish whether you qualify as a non-prohibited person charged with possessing, carrying, or using an unlicensed longarm or paintball marker, it is crucial to understand the elements constituting the offence:
Are You a ‘Non-Prohibited’ Person?
A non-prohibited person is defined as someone who does not meet the criteria of a prohibited person, which includes individuals who:
- Are currently serving a term of imprisonment for any offence.
- Have previously served a term of imprisonment of five years or more for any offence.
- Have not exceeded 15 years since their release from a term of imprisonment.
- Are subject to a final family violence intervention order, a personal safety intervention order, a community-based order, a community corrections order, or a supervision order (or equivalent interstate order).
- Belong to a prescribed class of persons deemed prohibited.
- Have been found guilty of any offence under the Firearms Act or similar legislation within the last 12 months.
Did You Possess, Carry, or Use a Category A, B, C, D, or E Longarm or Paintball Marker?
Possession is not explicitly defined in the FA, so its common law meaning applies, which entails effective physical control with the intention to possess. The following elements must be demonstrated:
- Conduct Element: The longarm or paintball marker must be within your possession, control, or manual custody (e.g., stored in your bedroom) but does not necessitate active carrying.
- Mental Element: The prosecution must demonstrate to the Magistrate or jury that you had the intention to possess the relevant longarm or paintball marker. This can be inferred from various forms of evidence, including knowledge of its existence.
Definition of Terms:
- Carry: To transport a longarm or paintball marker partially or wholly by one or more individuals.
- Use: In this context, “use” refers to the discharge of a longarm or paintball marker. If a person has “used” the firearm, they must have also possessed it.
Categories of Longarm:
The Firearms Act categorises longarm as follows:
- Category A:
Airguns, rimfire rifles (non-semi-automatic), shotguns (non-pump action or semi-automatic), combinations of shotguns and rimfire rifles.
- Category B:
Muzzle-loading firearms, black powder ball-firing cannons, centre-fire rifles (non-automatic/semi-automatic), combinations of shotguns and centre-fire rifles.
- Category C:
Tranquiliser guns, semi-automatic rimfire rifles (magazine capacity not exceeding 10 rounds), semi-automatic shotguns (capacity not exceeding 5 rounds), and pump action shotguns (capacity not exceeding 5 rounds).
- Category D:
Semi-automatic rimfire rifles (capacity not exceeding 10 rounds), semi-automatic shotguns (capacity not exceeding 5 rounds), pump action shotguns (capacity not exceeding 5 rounds), and semi-automatic centre-fire rifles.
- Category E:
Machine guns, tear gas guns/projectors, shotguns/rifles ≤ 75cm in length, and military firearms designed to fire explosive projectiles.
Was the Longarm or Paintball Marker Unregistered?
Registration of longarms must be carried out with the Victoria Police Licensing and Regulation Division. Evidence must be reviewed to determine whether a prior history of similar behaviour exists, as this may impact court proceedings.
Penalties for Possessing, carrying, or using an unregistered longarm:
Possessing, carrying, or using an unregistered longarm is classified as an indictable offence. However, first-time offenders typically face summary proceedings in the Magistrates Court of Victoria. Subsequent offences, or more complex cases involving aggravating circumstances, may escalate to the County Court of Victoria. Notable aggravating factors may include:
- Use of the longarm in threats, robberies, or thefts.
Potential Penalties Include:
- Confiscation of the longarm or paintball marker.
- Imprisonment:
- Category A or B Longarm: Max 2 years for first offence; up to 10 years for multiple offences.
- Category C or D Longarm: Max 4 years for first offence; up to 10 years for multiple offences.
- Category E Longarm: Max 7 years for first offence; up to 10 years for multiple offences.
- Paintball Marker: Max 2 years for first offence; up to 10 years for multiple offences.
- Financial Penalties (either conviction or non-conviction):
- Category A or B Longarm: Max 120 penalty units (~$19,342) for first offence; up to 1200 penalty units for multiple offences.
- Category C or D Longarm: Max 240 penalty units for first offence; up to 1200 penalty units for multiple offences.
- Category E Longarm: Max 600 penalty units for first offence; up to 1200 penalty units for multiple offences.
- Paintball Marker: Max 120 penalty units for first offence; up to 1200 penalty units for multiple offences.
Note: Each penalty unit is currently valued at $161.19.
The Magistrate or Judge will evaluate various factors to determine whether the conduct constitutes a serious contravention, including the nature of the offence, mitigating circumstances, planning involved, and the involvement of co-accused parties.
Convictions vs. non-convictions:
A conviction results in a disclosable criminal history, whereas a non-conviction allows you to avoid such a record. Following a conviction, our lawyers can file a relevant Section 8 application to the court.
Questions to consider before deciding to plead guilty or non-guilty?
If you are facing charges for being a non-prohibited person who allegedly possessed, carried, or used an unregistered longarm or paintball marker, consider the following:
- Has the prosecution provided sufficient particulars regarding the charges?
- Can the prosecution establish all elements of the offence?
- Did I possess, carry, or use the longarm or paintball marker?
- What category does the longarm or paintball marker fall under?
- Was it registered?
- Should I plead guilty or not guilty, and how should I approach my defence?
- What are my prior convictions, if any?
- What mitigating options are available to minimise potential penalties?
- Do I have a lawful justification for my actions?
These questions form the foundation for your defence strategy. Our team of experienced criminal defence lawyers specialises in navigating charges related to unregistered longarms and paintball markers. We will ensure you understand the legal implications of your situation and the potential outcomes of a contested hearing.
Defences to consider:
If you choose to plead not guilty to the charges for possessing, carrying, or using an unregistered longarm, several potential defences may apply, contingent upon the specific circumstances of your case. Each situation is unique and requires a tailored approach. Possible defences may include:
- The prosecution’s failure to prove all elements of the offence.
- Lack of intent to possess, carry, or use the unregistered longarm.
- Factual disputes or wrongful identification.
- No actual possession occurred, and another individual is responsible.
- Honest and reasonable mistake of fact.
- Necessity or duress.
- Sudden or extraordinary emergency circumstances.
- Self-defence, contingent on the proportionality of your response to the situation.
The prosecution bears the burden of disproving at least one of these elements beyond a reasonable doubt to secure a conviction.
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Prohibited Person Possessing Firearms
-
Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
-
A non - prohibited person possessing, carrying, or using an unregistered longarm
-
Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
-
Possessing, carrying or using an unregistered handgun
-
Possession of a Traffickable Quantity of Unregistered Firearms
-
Using a firearm to resist arrest
-
Immediate Cancellation of a Licence
-
Cancellation of a Licence Held by a Non-Resident
-
Suspension of a Licence and Notice of Proposal to Cancel
-
Suspension of a Firearms Licence for Certain Prohibited Persons
-
Power of the Chief Commissioner to Cancel Licence
-
Restrictions on an Application for a Licence Following Cancellation
-
Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
-
Storage of Firearms under Longarm and Handgun Licences
-
Permit to Store Handguns
-
Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
-
Storage of firearms under dealer licences
-
Possession of Cartridge Ammunition
-
Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
-
Using a Firearm in a Dangerous Manner
-
Offence of being an Unlicensed Person having Stored in an Insecure Manner
-
Application to be Deemed not a Prohibited Person
What happens next?
By engaging our legal services, we will thoroughly evaluate your case, identify the strengths and weaknesses of the prosecution’s argument, and implement strategies to mount a robust defence.
Do not delay contact MK Law on 1800 130 120 today and receive confidential tailored advice to help you in your circumstances.
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- 1800 130 120
- marcus@mklawfirm.com.au