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Fight Charges & Avoid Penalties

Are you are facing suspension or cancellation of your firearm’s license or charged with a firearms related offence?

Firearm Offences Are Prosecuted under the Firearms Act 1966 (Vic). The law for good reason attaches serious responsibilities on the possession and use of firearms. Where the use or possession of a firearm or ammunition is not in compliance with the Act or regulations, serious penalties may apply. 

 

The Firearms Act 1966 (Vic) (The Act) is the governing legislation for offences arising out of the possession or use of a firearm. The Act also sets out the licensing requirements and the circumstances under which a license may be suspended or cancelled. (a prohibited person, or fit and proper person requirement)

 

The Act contains a variety of offence provisions, some of which are summary offences, and others indictable.

 

The Act also differentiates the severity of penalties based on whether a person is a prohibited or non-prohibited person, and whether the firearm in question (and there are several varieties defined under the Act) is unregistered.

 

The maximum penalty for a prohibited person to carry, or use a longarm firearm is 10 years imprisonment (section 5 of the Act).

 

A non-prohibited person who commits the same offence however faces a maximum penalty of 2 years imprisonment (section 6 of the Act).

Sentencing outcomes For Firearm Offences

The sentencing outcomes available for a firearm offence will vary greatly depending on factors such as:

 

  • Whether the accused was a prohibited person

  • Whether the firearm was registered

  • The type of firearm possesses or used

  • Whether the accused had prior firearm offences

  • Matters personal to the accused

 

The sentencing outcomes for a firearms offences span all options available under the Sentencing Act 1991 (Vic):

 

  • Imprisonment

  • Community Correction Order

  • Fine

  • Adjourned undertaking

  • Diversion

 

Whether a sentencing outcome is made with or without conviction will also depend upon various factors. In some cases, a firearm offence will be an aggravating feature of another offence (trafficking drug of dependence, home invasion, armed robbery).

Prohibited Person and the Firearms Act

Sentencing outcomes such as imprisonment of Community Corrections Orders may result in a person being deemed a prohibited person. However, other outcomes which are civil in nature such as the making of a Final Intervention Order (whether Personal Safety or Family Violence) will also result in a person being deemed a prohibited person, their firearms license cancelled, and any use or possession of a firearm is unlawful and renders a person liable to an offence described above.  Consequently, when considering whether to consent or contest an Intervention Order, the impact on a respondent’s firearm license must be considered. Although not bearing solely on the issue of firearms, refer to our article for general information and tips on things to consider when responding to Intervention Orders in the Magistrates Court of Victoria.

 

To learn more about the circumstances whereby a person can make a court application to be deemed a non-prohibited person read our article.

At Risk Of Losing Your Firearm License?

Court proceedings can adversely impact upon a license. 

Contact Us

If you are facing suspension or cancellation of your firearm’s license or charged with a firearms related offence call (03) 9668 7600 or send us a message to get a free case assessment.

Pascoe Criminal Law​

Level 8, 350 Collins Street
Melbourne, Victoria 3000

CHARGED WITH A TRAFFIC OFFENCE?

Fight Charges & Avoid Penalties

CASE STUDY: Dangerous Driving, Fail to Obey Direction to Stop Vehicle.

Outcome: Without conviction, fine $800, minimum statutory disqualification of 12 months.

Firearm Offences in Victoria

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Traffic Offences

Do you have to appear in Court for Dangerous Driving, Fail to leave name and address, Drive disqualified, or any other traffic offence?
Get expert advice and representation from an Accredited Criminal Law Specialist.  

Traffic offences such as Dangerous driving, careless driving, Drive whilst disqualified, Fail to leave name and address, are prosecuted under the Road Safety Act 1986 (Vic).  

Many of these offences carry the risk of license suspension or cancellation. Some categories of traffic offences, such as drink or drug driving may result in mandatory license disqualification. ​

Dangerous Driving

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