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VIC LAW Offence for non-prohibited person to possess, carry or use a handgun without a licence

Criminal Lawyers Melbourne
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Written by
Bill Doogue
Criminal Defence Lawyer


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Firearm Offences - VIC
The Law - Offence for non-prohibited person to possess, carry or use a handgun without a licence

What the Law states - Offence for non-prohibited person to possess, carry or use a handgun without a licence


Firearms Act 1996 - SECT 7

Offence for non-prohibited person to possess, carry or use a handgun without a licence

 

 
7. Offence for non-prohibited person to possess, carry or use a handgun without a licence
(1) A person must not possess, carry or use a registered general category handgun for purposes other than the purpose of collecting handguns, unless that person does so under and in accordance with a licence.
(2) A person must not possess, carry or use a registered general category E handgun, for purposes other than the purpose of collecting handguns, unless that person does so under and in accordance with a licence.
(3) A person must not possess, carry or use a registered general category, or category E handgun, that was manufactured before, on or after 1 January 1947, for the purpose of collecting handguns, unless that person does so under and in accordance with a licence.
(4) A non-prohibited person must not possess, carry or use a registered category E handgun for the purpose of collecting handguns unless that person does so under and in accordance with a licence

Maximum Penalty in Victoria


Respectively:


1: 240 penalty units or 4 years imprisonment.

2: 600 penalty units or 7 years imprisonment.

3: 240 penalty units or 4 years imprisonment

4: 600 penalty units or 7 years imprisonment.

What the Prosecution must prove - Offence for non-prohibited person to possess, carry or use a handgun without a licence - Vic


(a) the offence occurred at the time and place alleged

(b) the offender was the accused

(c) the accused possessed, used or carried a handgun without a licence

(d) the handgun was not registered

Possible Defences - Offence for non-prohibited person to possess, carry or use a handgun without a licence


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

(e) Mental impairment.

(f) Necessity.

(g) Self-defence.

Which court will hear the charge of Offence for non-prohibited person to possess, carry or use a handgun without a licence


Magistrates Court
Appeal Offence for non-prohibited person to possess, carry or use a handgun without a licence Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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