Victorian firearms laws are some of the strictest in the world, governed by the Firearms Act 1996. Anyone possessing firearms has strict obligations to follow, and any offence carries severe penalties under criminal law, from fines to imprisonment. At Doogue + George, our firearms defence lawyers in Melbourne provide the specialist expertise required to challenge evidence, defend charges, and advocate fiercely to protect your rights.
Have You Been Charged With Firearms Offences?
If you have been charged with firearms offences, we are criminal lawyers who can help you.
These offences vary from possessing firearms to being a prohibited person in possession of a firearm. Possessing an imitation firearm is also considered a firearm offence.
Please look further down the page for information about all firearms charges. Each article explains the law, how we will defend charges if you are pleading not guilty, and possible penalties if you plead guilty.
The courts consider firearms offences serious and often impose harsh penalties. It is important that you seek legal advice as soon as possible. Our lawyers will work with you to put your offending in context and present to the court your story about how you ended up with a firearms charge. We will look into issues such as
- Was the firearm / gun capable of being used?
- Why did you have the firearm / gun with you on that particular day?
- Did you actually possess the firearm?
Why You Need a Firearms Defence Lawyer
Expert legal representation makes a significant difference when dealing with firearm charges. They’re treated as criminal offences and can be aggravated by circumstances such as trafficking firearms or illegal possession by a prohibited person. The Victorian legal process often considers presumptive sentencing or a presumption against bail for firearm offences, and cases often revolve around the definition of “possession”.
Our firearm offence lawyers not only provide you clarity on your charges but also review the seizure circumstances meticulously, evaluate if the device meets a firearm’s statutory definition, and ensure that you don’t make any mistakes that can result in a permanent licence ban.
Firearms Offences Under Victorian Law
In Victoria, the Firearms Act 1996 and the Control of Weapons Act 1990 both play a role in distinguishing between different firearm categories and prohibited weapons. This means offences can vary.
Some can be summary offences, such as not securing ammunition. Other, more serious offences are considered indictable crimes. These include possessing unregistered firearms, possessing unlicensed firearms, storing firearms incorrectly, or a prohibited person possessing firearms.
Penalties can vary depending on the type of firearm and whether there have been previous convictions. At our firm in Melbourne, our firearms offence lawyers are adept at navigating these proceedings according to court procedures, ensuring immediate intervention to build an effective defence for you.
Types of Firearms Charges We Defend
With our team, you can rest assured that you’ll get a tailored defence strategy. Our criminal defence lawyers have a track record of successfully defending the full spectrum of firearm offences. We regularly handle cases involving prohibited firearms, prohibited person charges, storage breaches, unlicensed longarm possession, etc.
- Ammunition – Possessing, Acquiring or Carrying
- Carry a Loaded Firearm in a Town, Populous Place, or Public Thoroughfare/Place
- Control of Body Armour
- Control of Use of Dangerous Articles
- Fail to Ensure Ammunition is Carried/Used in a Secure Manner and is Not Lost/Stolen
- Fail to Store Category A or B Longarm Correctly
- Possess Cartridge Ammunition
- Possessing a Longarm Without Licence
- Possessing an Unregistered Long Arm
- Possessing Certain Types of Handguns
- Possessing Controlled Weapn
- Possessing Trafficable Quantity of Unregistered Firearms
- Possessing, Carrying or Using a Handgun Without a Licence (Non-Prohibited Person)
- Possessing, Using, or Carrying an Unregistered Handgun
- Prohibited Person Possessing Firearms
- Prohibited Weapons
- Store Firearm or Ammunition in an Insecure Manner
- Unlicensed Own Category A or B Longarm
- Unlicensed Own Category C or D Longarm or Handgun
- Using Firearms to Resist Arrest
Penalties for Firearms Offences in Victoria
Penalties for firearm offences in Victoria vary significantly, depending on weapon categories and the accused’s circumstances.
Generally, convictions can lead to monetary fines, community correction orders, a permanent criminal record, or imprisonment. For instance, a prohibited person who knowingly possessed a firearm, or even a non-prohibited person possessing an unregistered firearm, could face up to 10 years of imprisonment.
The court also considers aggravating factors, such as using the firearm in a crime; these can incur more severe penalties. When you consult our firearms offence lawyer, you get comprehensive support from a seasoned professional who understands these intricacies, presents accurate arguments to minimise penalties if possible, and pursues the best possible outcome for you.
Will I Lose My Firearms Licence?
Given how strictly Victorian courts treat firearm offences, you can lose your licence. For example, the Victoria police can suspend or cancel your firearms licence if you were charged with unlawful possession or are an FVIO (family violence intervention order) respondent. If you are declared a prohibited person, you will have to surrender all your firearms immediately.
Our firearms offence lawyers ensure efficient intervention here to contest these decisions under the Firearms Act. We assist with appeals to the Tribunal or the Firearms Appeals Committee, taking every step necessary to protect your right to firearms possession.
Possible Defences to Firearms Charges
A strong defence for firearms is often built around how their possession relates to the incident. Potential defences can include arguments that you weren’t in conscious possession of the item or that it doesn’t meet what the Firearms Act legally defines as a firearm. Another common defence tactic is to argue that possession was justified by a lawful excuse, such as being legally required to carry the firearm.
Like any other criminal offence in Victoria, the prosecution should also be able to prove that the accused individual acted intentionally, such as by knowingly possessing the firearm. Based on your specific situation, our lawyers explore the most appropriate defences to try to withdraw or reduce your charges.
What Happens After a Firearms Charge?
When facing firearms offence charges, you’ll first get a summons or charge sheet from the police, and they will seize your firearm. Your case will then move to the Melbourne Magistrates’ Court, where Victoria’s Licensing and Regulation Division (LRD) will evaluate your status as a proper individual.
The right legal representation at this stage matters most, as it can be the difference between imprisonment and a community correction order. Our firearms lawyers offer personalised guidance so you can exercise your right to silence wherever applicable and start fighting from day one.
How Our Firearms Defence Lawyers Help
At Doogue + George, our firearms offence lawyers leverage their deep expertise in crime law to take all the key steps necessary: liaising with both the police and the LRD, maintaining administrative accuracy to avoid permanent bans, and preparing a robust defence. With us, you get completely personalised legal defence strategies. Whether your situation calls for challenging the validity of the charges or minimising penalties, our lawyers will fight by your side to achieve the best legal outcome.
Latest Firearms Case Studies
Community Corrections Order (CCO) for Family Violence
Trafficking Cannabis and Weapons Possession Charges – CCO
Diversion for Fail to Store Firearm in Secure Manner
Firearms Lawyers Serving Melbourne & Victoria
Doogue + George’s firearms offence lawyers defend clients across all jurisdictions in Victoria. Whether you’re in Melbourne CBD, Heidelberg, or Sunshine, our offices are located close to each Magistrates’ Court, which means you get immediate, face-to-face interventions. With their in-depth experience in cases governed by the Firearms Act, our lawyers ensure that your actions can be put into context, avoiding serious consequences altogether. Whether you’re facing intervention order proceedings or have just had your firearms seized, we can help you find clarity and proceed without errors.
Speak With a Firearms Lawyer Today
When the police have charged you with a firearms offence, you need to act quickly. You cannot wait for the police to take the next steps or say something that inadvertently gives the prosecution more evidence. Early legal advice is essential, especially when you want to reduce charges.
At Doogue + George, our firearms offence lawyers in Melbourne are here to preserve your reputation and help you find a strategic way forward. Contact us for a confidential consultation with a firearms offence lawyer, and we’ll take the steps necessary to safeguard your freedom.
