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Possessing, Carrying or Using a Handgun Without a Licence (Non-Prohibited Person)

Possessing a handgun without a licence will usually result in the confiscation of the weapon, large fines, and prison in serious cases. Most people are non-prohibited persons. Generally those who are prohibited have committed firearms offences.

This charge is laid where a person has a handgun in their possession without the proper licence.

In essence to prove this accusation the Prosecution must show that the accused possessed a handgun and did not have the proper licence.

A defence to this may arise where an accused had the weapon for the purposes of self-defence. Other defences include lack of intention to possess the firearm.

As this is a summary offence this will be heard by the Magistrates Court.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a criminal lawyer.

This is legislation that comes from section 7 of the Firearms Act 1996.

 

Further information on Possessing, carrying or using a handgun without a licence (non-prohibited person)

Possible Defences

In a case of Possessing, carrying or using a handgun without a licence (non-prohibited person), the following defences may be applicable to the charge:

  • Self Defence
  • Honest and Reasonable Mistake of Belief
  • Lack of Intent
  • Factual Dispute and Concept of Beyond Reasonable Doubt

Penalties

What penalties can be imposed for a charge of Possessing, carrying or using a handgun without a licence (non-prohibited person) ?

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Possessing, carrying or using a handgun without a licence (non-prohibited person)?

The legislation for this offence can be found on section 7 of Firearms Act 1996.

Case Studies

We currently have no available case studies for the charge of Possessing, carrying or using a handgun without a licence (non-prohibited person).

Media Articles

Media articles related to the charge of Possessing, carrying or using a handgun without a licence (non-prohibited person):

Further Info

Links to further information about the charge of Possessing, carrying or using a handgun without a licence (non-prohibited person):

 

Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Possessing, Carrying or Using a Handgun Without a Licence (Non-prohibited Person), Andrew George.