What is Possess Unlicensed Firearm?
This is an offence is commonly referred to as the Unauthorised Possession of a Firearm.
Possess Unlicensed Firearm & The Law
Unauthorised possession a Firearms is an offence under Section 7A of the Firearms Act 1996.
If the firearm is a pistol or Prohibited, its unauthorised possession is an offence under Section 7 of the Firearms Act 1996.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused possessed or used firearm in a public place; and
At the time of possession or use of the firearm, the accused was not authorised to so by a licence or permit under the Firearms Act 1996; or
At the time of possession or use of the firearm, the manner in which it was possessed or used was such, as to contravene the conditions of the licence or permit; or
What is a Prohibited Firearm?
Schedule 1 Prohibited Firearms of the Firearms Act 1996 outlines what a prohibited firearm is. It can include:
Any machine gun, sub-machine gun, self-loading shotgun
Any self-loading rimfire rifle
Any self-loading centre-fire rifle
Any self-loading or pump action shotgun
Going to Court – “What am I looking at?”
The possession or use of an unlicensed firearm is a serious offence which can carry a maximum penalty in the Local Court of 2 years imprisonment.
If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence, the maximum penalty can be up to 5 years imprisonment.
Lawyer Call – here to help..
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the nature of the firearm, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Magistrate or Judge and obtain a more lenient sentence.