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

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 longarm

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


Firearms Act 1996 - SECT 6A

Offence to possess, carry or use an unregistered longarm

6A. Offence to possess, carry or use an unregistered longarm

(1) A person must not possess, carry or use a category A, B, C, D or E longarm or Paintball Marker that is not registered.

Maximum Penalty in Victoria


Category A or B: For a first offence, 120 penalty units or 2 years imprisonment.

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

 

Category C or D: For a first offence, 240 penalty units or 4 years imprisonment.

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

 

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

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

 

Paintball Marker: For a first offence, 120 penalty units or 2 years imprisonment;

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

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

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


(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 longarm


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