Criminal Lawyers Melbourne

VIC LAW Offence to possess, carry or use an unregistered handgun

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


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Firearm Offences - VIC
The Law - Offence to possess, carry or use an unregistered handgun

What the Law states - Offence to possess, carry or use an unregistered handgun


Firearms Act 1996 - SECT 7B

Offence to possess, carry or use an unregistered handgun

7B. Offence to possess, carry or use an unregistered handgun

(1) A person must not possess, carry or use a general category handgun that is not registered.

(2) A person must not possess, carry or use a category E handgun that is not registered

Maximum Penalty in Victoria


General Category:  For a first offence, 600 penalty units or 7 years imprisonment.

For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.

 

Category E:  For a first offence, 1800 penalty units or 14 years imprisonment.

For a second or subsequent offence, 2100 penalty units or 17 years imprisonment.

 

What the Prosecution must prove - Offence to possess, carry or use an unregistered handgun - 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 that was not registered

Possible Defences - Offence to possess, carry or use an unregistered handgun


(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 to possess, carry or use an unregistered handgun


Magistrates Court
Appeal Offence to possess, carry or use an unregistered handgun 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