Author: Jon Ross
Practice area: firearms offences
Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Jon authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Possess Cartridge Ammunition?
Possess Cartridge Ammunition is an offence under section 124(1) of the Firearms Act 1996 that targets unauthorised control or custody of cartridge-based ammunition in Victoria. It applies where a person does not have the lawful authority required under firearms legislation.
Key points
- Legal elements: The item must be cartridge ammunition and the accused must have possessed it.
- Nature of conduct: Possession can include constructive possession, such as ammunition kept in a bedroom or handbag.
- Court level: Heard as a summary offence in the Magistrates’ Court.
The maximum penalty for Possess Cartridge Ammunition is a fine of 40 penalty units ($8,364 as at 2026-27).
Common defences may include honest and reasonable mistake of belief, necessity, sudden or extraordinary emergency, and incorrect factual matrix.
Have you been accused of Possess Cartridge Ammunition?
Police Interview
You have the choice of making a comment or a no comment interview with Police. You should speak with one of our lawyers before you speak with Police. We can advise you on the best course of action for your particular circumstances in a Police interview. The interview is a chance for the Police to elicit information from you and try and get you to make admissions. This will later be used in evidence against you. There is no obligation to speak to Police apart from answering the initial identification questions. You should be polite and friendly but do not provide the Police with information they can use against you.
Pleading Not Guilty
It is the prosecution’s responsibility to prove the charges against you beyond reasonable doubt. You are presumed innocent until proven guilty. You may have a reasonable explanation for possessing the ammunition, or the items may not belong to you at all.
Our lawyers are experts in firearms offences and can help you defend your case. We regularly appear at contested hearings and understand what strategies are effective in court to help you achieve a not-guilty verdict.
Pleading Guilty
If you are pleading guilty you want to get the fairest and most lenient sentence possible. Our lawyers are expert plea makers. We will tell your personal story to the Court so that they know they are sentencing an interesting, complicated human being, not just a criminal. We can negotiate with Police to ensure that the fairest charges are presented to the Court.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Firearms Act 1996 (Vic) s 124(1) — 322 charges, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Fine | 71.4% |
| Other | 19.9% |
| Imprisonment | 5.6% |
| Community Correction Order | 3.1% |
The data indicates that custody is possible but relatively uncommon at this level, with courts more frequently imposing financial penalties. When determining sentence, the court will consider factors such as the circumstances of possession, any associated offending and the offender’s prior history. Careful preparation and legal advice can influence the outcome.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Firearms Act 1996 (Vic) s 124(1) — 2,105 charges across 1,955 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Fine | 38.9% |
| Community Correction Order | 24.0% |
| Imprisonment | 19.1% |
| Adjourned Undertaking | 9.2% |
| Discharge/Dismissal | 7.8% |
| Other | 1.0% |
The data indicates that custody is a real possibility, although courts frequently impose financial penalties or community-based supervision depending on the circumstances. Sentencing will depend on factors such as the quantity of ammunition, the surrounding circumstances and the offender’s prior history.
Which court will the case be heard in?
As a summary offence, any summons for this charge will primarily be handled by the Magistrates’ Court.
Examples of Possess Cartridge Ammunition
- You used to go hunting with your friends and still have some cartridge ammunition in your bedroom, despite not having a licence or a permit. The police execute a search warrant on your house and find the cartridge ammunition.
Elements of the offence
The prosecution must prove the following beyond reasonable doubt:
- The item in question is cartridge ammunition; and
- The accused possessed the cartridge ammunition in question.
Was the item cartridge ammunition?
According to section 3 of the Firearms Act 1996, ‘cartridge ammunition’ means ammunition having a bullet or other projectile and a priming device fixed to or enclosed in a cartridge case which is composed wholly or partly of material other than paper.
Did the accused possess the cartridge ammunition?
Whether or not the accused was in possession of the cartridge ammunition will depend on the circumstances. The prosecution may be able to point to ‘constructive’ possession if the item was found in the accused’s handbag or their bedroom – it does not have to be on the accused’s person.
Legislation
The legislation for this offence can be found on section 124(1) of the Firearms Act 1996.
Defences
Criminal defences that are available are honest and reasonable mistake of belief, necessity, sudden or extraordinary emergency and incorrect factual matrix.
Questions in cases like this
- Was the cartridge ammunition actually in your ‘possession’?
- Do you in fact have a permit of licence?
The decision on whether to plead guilty or not guilty to this charge can best be made only after a careful study of the strengths of your case. Contact a criminal lawyer to assess the factors in your case.
Maximum penalty for section 124(1) of the Firearms Act 1996
The offence of Possess Cartridge Ammunition (section 124(1) of the Firearms Act 1996) carries a fine of 40 penalty units ($8,364 as at 2026-27) as the highest possible sentence.
Case studies related to Possess Cartridge Ammunition
- Trafficking Cannabis and Weapons Possession Charges – CCO
- Sentence Appeal – Robbery, Trafficking, Firearms Offences
