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.
Charged with Possessing a Handgun Without a Licence in Victoria? Our Specialist Criminal Lawyers Can Help.
A handgun charge can change your life in an instant. A conviction could mean gaol time, a criminal record, and the loss of your job or gun licence. Whether it’s a first offence or a repeat allegation, you need immediate legal advice.
What is the offence of Possessing a Handgun Without a Licence?
In Victoria, handguns are subject to strict licensing requirements under Section 7 of the Firearms Act 1996 (Vic). A person must hold the correct firearms licence category to lawfully possess, carry or use a handgun. The offence targets unauthorised handgun possession, including situations where the firearm is not discharged.
Key points
- Elements: Possessed, carried or used a handgun without a valid Category H firearms licence.
- Conduct: Knowledge and control of a handgun in a vehicle, home or other location.
The maximum penalty for Possessing a Handgun Without a Licence is 240 penalty units ($50,184.00 as at 2026–27) or 4 years imprisonment and 600 penalty units ($125,460.00 as at 2026–27) or 7 years imprisonment for unlicensed possession of a category E handgun.
Common defences may include No knowledge the handgun was present; no control over it; lawful authorisation; dispute about classification (including replicas); unlawful police search.
Types of Firearm Offences We Handle
Unlicensed Possession of a Handgun
Being found with a handgun without a valid Category H licence, regardless of whether it was used or carried in public.
Improper Storage of a Firearm
Failing to store a handgun securely and in accordance with legal safety standards (e.g., locked safe, separate ammunition).
Possession of a Prohibited or Category D Handgun
Being found with firearms that are banned for general ownership, including military-style or high-capacity pistols.
Possession by a Prohibited Person
When someone banned from holding a firearm (due to prior convictions, intervention orders, etc.) is found in possession of a gun.
Using a Firearm Without a Licence at a Shooting Range
Participating in shooting activities with a borrowed or unlicensed handgun outside legal exemptions.
Carrying a Firearm in a Public Place
Having a firearm (licensed or not) in public without a lawful excuse, even if concealed in a bag or car.
Possession of an Unregistered or Modified Handgun
Having a handgun that has not been properly registered with authorities or has been altered in a way that breaches safety or classification laws.
What to Do If You’re Charged With Possessing a Handgun Without a Licence
If you’ve been charged – or are under investigation – for any firearm offence in Victoria, it’s important to act fast and protect your legal position. Here’s what to do:
1. Stay calm and don’t answer questions
You have the right to remain silent. Anything you say can be used against you later, even if you think you’re helping yourself.
2. Don’t try to explain or justify possession
Telling police the handgun was inherited, for protection, or never used won’t help. It could make things worse without proper legal advice.
3. Gather documents and licence details
If you have any proof of a handgun licence (past or current), permits, or reasons for possession (e.g., security work), set them aside for your lawyer.
4. Write down what happened
If the police conducted a search, arrested you, or took a statement, write down your version of events as soon as possible while it’s still fresh.
5. Contact an experienced firearms lawyer
Getting early legal advice can make a huge difference. A lawyer can assess the charge, deal with the police on your behalf, and start preparing your defence.
Why Choose Doogue + George for Possessing a Handgun Without a Licence Defence
When you’re facing a handgun-related charge, you want lawyers who understand both the law and the system.
47,000+ Cases Defended
We have decades of experience defending people just like you, including complex firearms matters.
LIV-Accredited Criminal Law Specialists
Our team includes Law Institute of Victoria (LIV) Accredited Specialists, a mark of expert legal knowledge and advocacy.
Local Court Experience
From Melbourne to regional Victoria, we appear in court every day. We know the local magistrates, prosecutors and how to present your case most effectively.
National Recognition
We’re consistently ranked in Doyle’s Guide and are active members of the Australian Defence Lawyers Alliance (ADLA), recognising our commitment to legal excellence.
Penalties for Possessing a Handgun Without a Licence in Victoria
Possessing a firearm without a valid licence is treated seriously under Victorian law, especially if the firearm is a handgun or you’re considered a prohibited person.
The maximum penalties can include lengthy prison sentences, but not all cases result in a guilty verdict. With the right legal advice, there may be options to avoid a conviction or reduce the seriousness of the outcome.
Possible Outcomes Include:
- Imprisonment
- 240 penalty units ($50,184.00 as at 2026–27) or 4 years imprisonment. for unlicensed possession of a handgun.
- 600 penalty units ($125,460.00 as at 2026–27) or 7 years imprisonment for unlicensed possession of a category E handgun.
- 1,200 penalty units ($250,920.00 as at 2026–27) or up to 10 years for possession by a prohibited person.
- Fines
- Fines can exceed $40,000 in serious or repeat cases.
Community
- Fines can exceed $40,000 in serious or repeat cases.
- Correction Orders (CCO)
- These may include mandatory treatment programs, unpaid work, supervision, or restrictions on movement.
- Non-Conviction Outcomes
- In lower-level or first-time matters, your lawyer may be able to negotiate for a non-conviction.
- You may also be eligible for a diversion program, which can keep the offence off your criminal record entirely.
- Loss of Handgun Licence
- Even if you previously held a valid licence, any conviction can result in cancellation and restrictions on future applications.
- Impact on Employment & Travel
- An improper handgun possession conviction can affect your ability to work in security, government, or other licensed roles, and may impact international travel (e.g., visa rejections).
Sentencing
Sentencing Outcomes in the Higher Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Firearms Act 1996 (Vic) s 7 — 18 charges, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 100.0% |
No other sentencing outcomes, such as fines or community correction orders, were imposed. This demonstrates the strict approach courts take toward unlawful handgun possession, reflecting the significant public safety risks associated with firearms. Because handguns are tightly regulated, offending of this kind is treated as particularly serious. The statistics indicate that offenders convicted of this charge in the higher courts consistently receive custodial penalties rather than community-based or financial sanctions.
Possible Legal Defences
- You didn’t know the handgun was there
- You didn’t have control over it
- You believed you were licensed or authorised
- The handgun wasn’t actually prohibited
- The police search was unlawful
Recent 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
Pleading Guilty to a Robbery Charge
Pleading Guilty to Drug and Firearm Charges
False Imprisonment and Threats to Kill – All Withdrawn
Find a Lawyer Near You
Facing a handgun-related charge is overwhelming, but you don’t have to navigate it alone. With offices across Victoria, our team at Doogue + George is here to provide expert legal support, no matter where you are.
You can find help in our locations in:
Meet Our Possession of Handgun Charge Lawyers
Get Legal Help Today
Being charged doesn’t mean you’re guilty, and not every charge leads to gaol. You deserve a team that understands the system, fights for your rights, and helps you navigate the legal process with confidence. Don’t wait until it’s too late.
