Possessing Certain Types of Handguns

Police Interview

It is important that you receive legal advice before speaking with Police. One of our lawyers can advise you about how to conduct yourself during a Police interview.

If the Police want to speak with you about an allegation of Possessing Certain Types of Handguns, speak with one of our experienced lawyers before you are interviewed. It’s important to remember that whatever you say in an interview can be used against you later in court.

The police interview can be daunting. One of our lawyers can also attend the Police station with you if you would like the support of a lawyer during the interview.

Pleading Not Guilty

We are defence lawyers who are experienced in defending charges of Possessing Certain Types of Hand Guns. Make a time to speak with one of lawyers who can create a defence strategy for you.

In a case like this, you want a lawyer who is going to consider :

• Have the Police done a complete investigation?
• Are there people who the Police have not spoken to who might help your case?
• Is there evidence which helps your case which needs to be preserved?

Charges like Possessing Certain Types of Hand Guns require professional attention. If you wish to contest this charge, our team will work hard to push for the matter to be withdrawn by Police early or an acquittal.

Pleading Guilty

Pleading guilty to Possessing Certain Types of Handguns means that that you accept responsibility for the offence.

Even in circumstances where you accept wrongdoing and you agree that you have committed this offence, you should always seek advice and legal representation from an experienced criminal lawyer. Your lawyer understands the Court process and what is required to help you get the best outcome in your circumstances.

Which court will the case be heard in?

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

Examples of Possessing Certain Types of Handguns

• You are the holder of a handgun target shooting licence. You decide to go shooting and you take your father’s gun, which is a semi-automatic handgun with a barrel length of less than 120mm.

What is the legal definition of Possessing Certain Types of Handguns?

1. A person who is the holder of a handgun target shooting licence must not possess, carry or use—
   1. unless authorised by the Chief Commissioner under subsection (2), any handgun that has a barrel length of—
      1. in the case of a semi-automatic handgun, less than 120 mm; or
      2. in the case of a revolver or single shot handgun, less than 100 mm; or
   2. unless authorised by the Chief Commissioner under subsection (4) any handgun that has a calibre of more than •45 inch; or
   3. unless authorised by the Chief Commissioner under subsection (4), any handgun that has a calibre of more than •38 inch but not more than •45 inch; or
   4. a handgun that has a magazine with a capacity of more than 10 rounds.

Legislation

The legislation for this offence can be found on section 7A of Firearms Act 1996.

Elements of the offence

The prosecution must prove the following beyond reasonable doubt:

1. The accused held a handgun target shooting licence
   A ‘handgun target shooting licence’ means a handgun licence issued under section 15(1)(b) for target shooting.¹ This element will probably not be controversial.
    
2. The accused possessed, carried or used a certain type of handgun
   This element is broad and covers a wide range of conduct. Possession means custody or control² – for instance, if the handgun is found in the accused’s backpack, this will probably amount to possession.

“Can they prove that you possessed, carried or used a handgun without approval?”

3. The accused was not authorised to do so by the Chief Commissioner

Upon application by a person who is the holder of, or an applicant for, a handgun target shooting licence, the Chief Commissioner may authorise the applicant to possess, carry or use a general category handgun that has a barrel length—

1. in the case of a semi-automatic handgun, of less than 120 mm; or
2. in the case of a revolver or single shot handgun, of less than 100 mm.³

Upon application by a person who is the holder of or an applicant for a handgun target shooting licence, the Chief Commissioner may authorise the applicant to possess, carry or use a general category handgun—

1. that has a calibre of more than •45 inch; or
2. that has a calibre of more than •38 inch but not more than •45 inch.⁴

Defences

A defence to this may arise where an accused had the weapon for the purposes of self-defence. Other defences include lack of intention to possess the firearm.

Questions in cases like this

• Are you a holder of a handgun target shooting licence?
• Did you possess, carry or use a prohibited handgun?
• Did you have approval from the Chief Commissioner?

Maximum penalty for section 7A of the Firearms Act 1996

The maximum penalty for Possessing Certain Types of Handguns (s7A of the Firearms Act 1996) is a fine of 240 penalty units or 4 years imprisonment.

Other important resources

• VCC summaries – firearms offences: Sentencing decisions from 1 January 2016 to 30 November 2017, arranged by severity of total effective sentence

Case studies related to Possessing Certain Types of Handguns

• False imprisonment, threats to kill, and other charges – all withdrawn

_{[1] Section 3 of the Firearms Act 1996.
[2] http://www.judicialcollege.vic.edu.au/eManuals/CCB/19355.htm
[3] Section 11A(2) of the Firearms Act 1996.
[4] Section 11A(4) of the Firearms Act 1996.}