Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
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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
Have you been charged with an offence against the storage of firearms under firearm collectors and firearm heirlooms licence?
Section 122 of the Firearms Act 1996 outlines the legal requirements for the storage of firearms under firearms collectors and heirlooms licences, as well as ammunition.
It mandates that individuals possess and store firearms in specific ways depending on the category of the firearm. Non-compliance with these regulations can result in significant penalties, including fines and imprisonment. The section emphasises the necessity for secure storage to prevent unauthorised access and potential misuse, thereby enhancing public safety.
What the Prosecution Must Prove:
- You were in possession of a firearm or ammunition covered by the relevant provisions of the Act. This includes:
- Firearms under a firearms collector’s licence (excluding category E handguns and longarms).
- Category E firearms stored under specific requirements.
- Firearms under a firearms heirlooms licence.
- Ammunition under a firearms ammunition collectors’ licence.
- You failed to store the firearm or ammunition in accordance with the prescribed storage methods outlined in the Act:
- For firearms (not category E): either in the manner specified in item 3 of Schedule 4 or another method deemed secure by the Chief Commissioner.
- For category E firearms: in the manner fixed in the licence.
- For heirlooms: in the manner specified in item 4 of Schedule 4.
- For ammunition: in the manner specified in item 5 of Schedule 4.
- The prosecution must establish that you knew or were reckless as to whether the storage conditions were being violated.
Penalties for non-compliance of storage of firearms:
- General Firearms (Not Category E):
- 120 penalty units or 2 years imprisonment for improper storage.
- Category E Firearms:
- 240 penalty units or 4 years imprisonment for failing to store as fixed in the licence.
- Heirlooms and Ammunition:
- 10 penalty units for improper storage of heirloom firearms or ammunition.
Where will my case be heard?
Offences against the storage of firearms under firearm collector or heirloom firearm licences will be heard in the Magistrates’ Court.
Factors and defences to consider:
- Did you store your firearm and ammunition in according with the law?
- Was the firearm in use at the time of the charge?
- Why was it not stored in accordance with the law?
- Did you accidentally not store it in accordance with the law?
- Do you have any convictions of a similar nature?
- What were the surrounding circumstances of this offence?
Given the severity of these charges, it is vital to contact a criminal defence lawyer who can help you tailor a defence strategy specific to your case.
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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?
If you are charged with an offence related to the storage of firearms under Section 122, it is essential to take proactive steps to protect your rights and navigate the legal process effectively. First and foremost, seek legal representation by contacting an experienced criminal lawyer at MK Law. They can provide expert advice tailored to your situation, help you understand your rights, and represent you in court. Be prepared to discuss all relevant details regarding the charge, including how you stored the firearm or ammunition and any mitigating circumstances.
Gathering evidence is also crucial; document the storage conditions of your firearm or ammunition by collecting evidence such as photographs, storage receipts, or testimony from witnesses. Additionally, consider obtaining character references that can attest to your responsible behaviour regarding firearms. As you prepare for court, ensure you understand the process and work with your lawyer to develop a defence strategy that addresses the specific elements of the charge against you.
Attend all scheduled court hearings and maintain a respectful demeanour in court, as this can positively influence how the judge and jury perceive you. Discuss with your lawyer the possibility of entering a plea bargain if it is in your best interest, as this may involve pleading guilty to a lesser charge in exchange for a reduced penalty. Stay informed about the developments in your case by keeping regular contact with your lawyer and monitoring any changes in the law that may affect your situation.
Understanding the maximum penalties, you could face if convicted is also important, and your lawyer can help assess the likelihood of different outcomes based on the specifics of your case.
Lastly, adhere to your lawyer’s recommendations throughout the process, including any suggestions for further actions or behaviours while your case is pending. Taking these steps can significantly impact the outcome of your case and assist you in navigating the complexities of firearm storage offences effectively. Do not delay, call 1800 130 120 today.
Free Legal Advice 24/7
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au