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

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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 longarm without a licence

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


Firearms Act 1996 - SECT 6

Offence for non-prohibited person to possess, carry or use a longarm without a licence
6. Offence for non-prohibited person to possess, carry or use a longarm 
without a licence.



 



(1) A person must not possess, carry or use a category A, B, C, D, or E longarm that is registered unless that person does so under and in accordance with a licence.






(2) A person must not possess carry or use a paintball marker unless that person does so under and in accordance with a licence.





(3) A person must not possess, carry or use a longarm that is not a category A, B, C, D or E longarm

Maximum Penalty in Victoria


Category A, B: 120 penalty units or 2 years imprisonment

Category C,D: 240 penalty units or 4 years imprisonment

Category E: 600 penalty units or 7 years imprisonment

Paintball marker: 120 penalty units or 2 years imprisonment

Not a Category A,B,C,D,E: 240 penalty units or 4 years imprisonment

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

(d) the longarm was not registered

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


Magistrates Court
Appeal Offence for non-prohibited person to possess, carry or use a longarm 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.
Criminal Lawyers Melbourne