Have You Been Charged with an Offence to Possess, Use, or Carry an Imitation Firearm?

What Does It Mean to Be Charged with an Offence Under Section 5AB of the Control of Weapons Act 1990?

Under Section 5AB of the Control of Weapons Act 1990 (“CWA”), you will have been charged with either or all of the following:

1. For Non-Prohibited Persons:
   • You possessed, used, or carried an imitation firearm as defined in the Act, without an exemption under Section 8B or an approval under Section 8C.
2. For Prohibited Persons (Section 5AB(2)):
   • You are a prohibited person under Section 3 of the Firearms Act 1996 and possessed, used, or carried an imitation firearm.
3. For Individuals Subject to a Firearm Prohibition Order (Section 5AB(3)):
   • You are subject to a firearm prohibition order and possessed, used, or carried an imitation firearm.

What Does the Prosecution Have to Prove?

One or all of the following may be applicable depending on your charges:

1. For Non-Prohibited Persons:
   • That you possessed, used, or carried an imitation firearm as defined under Section 3 of the CWA without an exemption under Section 8B or an approval under Section 8C of the CWA.
2. For Prohibited Persons (Section 5AB(2)):
   • That you are considered a prohibited person under Section 3 of the Firearms Act 1996.
3. For Individuals Subject to a Firearm Prohibition Order (Section 5AB(3)):
   • That you were subject to a firearm prohibition order.

Penalties for Offences Under Section 5AB

• For Non-Prohibited Persons:
  • Penalty: 240 penalty units or imprisonment for up to 2 years.
• For Prohibited Persons:
  • Penalty: 1200 penalty units or imprisonment for up to 10 years.
• For Individuals Subject to a Firearm Prohibition Order:
  • Penalty: 1200 penalty units or imprisonment for up to 10 years.

Where Will My Case Be Heard?

Offences to possess, use, or carry an imitation firearm will typically be heard in the Magistrates Court. However, if charged as a prohibited person under Section 5AB(2), your case may be heard in the County Court.

Factors and Defences to Consider

• The specific circumstances surrounding the offence.
• Whether the imitation firearm is defined under the CWA.
• Any applicable exemptions or approvals under Sections 8B or 8C of the CWA.
• Your status as a prohibited person or subject to a firearm prohibition order.

Defences are personalised to each individual’s circumstances, so seeking expert advice is vital to structure a plan that aims for the best possible outcome.

What happens next?

If you have been charged with an offence under Section 5AB of the Control of Weapons Act, it’s crucial to take immediate action. Contact MK Law for expert legal advice and representation. Our experienced criminal defence lawyers will review your case, assess the prosecution’s evidence, and develop a robust defence strategy tailored to your situation. Don’t delay—reach out to MK Law today at 1800 130 120 for a confidential consultation and ensure your rights are protected.