Ammunition – Possessing, Acquiring or Carrying

– section 8 of the Firearms Act 1996

Ammunition – Possessing, Acquiring or Carrying is used as a charge by Police when a person buys or sells ammunition as collectors’ items, but doesn’t have a licence to do so.

Examples of Possessing, Acquiring or Carrying Ammunition
  • You sell ammunition to a ammunition collector without a seller’s licence
What are possible defences to a Possessing, Acquiring or Carrying Ammunition charge?
  • The ammunition belongs to someone else.
  • The ammunition was bought or sold by someone else.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • How do they prove the ammunition belongs to you?
  • How can they prove the ammunition was bought or sold by you?

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is 60 penalty units ($9,327.60) or 12 months imprisonment.

As this is a summary offence meaning it will be heard by the Magistrates Court.

“Were you in possession of the ammunition?”
What is the legal definition of Possessing, Acquiring or Carrying Ammunition?

The legal definition of Ammunition- Possessing, Acquiring, or Carrying is where someone possesses or sells cartridge ammunition for collections without the appropriate licence.

Legislation

The section that covers this offence is section 8 of the Firearms Act 1996.1

What can you be sentenced to for this charge?

Possessing cartridge ammunition for the purpose of collections can lead to confiscation, fines, a loss of firearms licence, and potentially prison.

Other Important Resources
Case Studies


[1] Firearms Act 1996 – Section 8

A person must not acquire, dispose of, possess or carry cartridge ammunition for the purposes of collecting cartridge ammunition unless that person does so under and in accordance with a licence issued under this Part.
Penalty: 60 penalty units or 12 months imprisonment.