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VIC LAW Offence for prohibited person to possess, carry or use a firearm

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


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Firearm Offences - VIC
The Law - Offence for prohibited person to possess, carry or use a firearm

What the Law states - Offence for prohibited person to possess, carry or use a firearm


Firearms Act 1996 - SECT 5

5 Offence for prohibited person to possess, carry or 

use a firearm

(1) A prohibited person must not possess, carry or use

a registered firearm.

(1A) A prohibited person must not possess, carry or use 

a firearm that is not registered.

(2) A prohibited person must not possess, carry or 

use—

(a) a silencer; or

(b) any other prescribed item.

Maximum Penalty in Victoria


Penalty respectively:

- 1200 penalty units or 10 years imprisonment

- 1800 penalty units or 15 years imprisonment

- 480 penalty units or 8 years imprisonment

 

What the Prosecution must prove - Offence for prohibited person to possess, carry or use a firearm - Vic


(a) the accused was a 'prohibited person' (see above)

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

(c) the offender was the accused

(d) the accused possessed, used or carried a firearm/silencer in the manner specified above

Possible Defences - Offence for prohibited person to possess, carry or use a firearm


(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 prohibited person to possess, carry or use a firearm


Magistrates Court
Appeal Offence for prohibited person to possess, carry or use a firearm 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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