Possessing Trafficable Quantity of Unregistered Firearms

Possessing Trafficable Quantity of Unregistered Firearms

Possessing a Trafficable Quantity of Unregistered Firearms is found in section 7C of the Firearms Act 1996. It is important to know that a firearm does not need to be operable or complete to be classified as a firearm. You could have a collection of firearms that are permanently inoperable and still be charged with this offence. You only need to have two unregistered firearms to be charged with possessing a traffickable amount.

Firearms
We help our clients with this type of offence regularly. If you have been charged with this offence, we can assist you in figuring out your options, including whether you can argue any defences.

Police Interview
Police will want to interview you in relation to this charge. It is important to discuss with a lawyer the processes of engaging in a police interview before you attend. We assist our clients with police interviews regularly and can assist you if you have been charged with this offence and have been asked to attend an interview.

Pleading Not Guilty
If you think you have been wrongly charged with this offence or think you have a defence which means you are not guilty, it is important to talk this through with a lawyer. We can go through the brief of evidence with you and listen to your side of the story before deciding on a strategy for your case. We will work hard to defend you.

Pleading Guilty
If you are pleading guilty to this offence, it is important that you have a lawyer assist you with a plea. We regularly appear in pleas and have experienced lawyers who can assist you in putting a plea together and appear for you at court. It is important that a plea puts your best case forward to get you the best possible sentence.

Sentencing
Sentencing in the higher courts of VictoriaSentencing Statistics Pie Chart for Possess a Traffickable Quantity of Firearms Without Complying With the Act or Regulations in the Higher Courts
Examples of Possessing Trafficable Quantity of Unregistered Firearms
  • Possessing 10 or more unregistered firearms
  • Storing 10 or more unregistered firearms in your garage
What is the legal definition of Possessing Trafficable Quantity of Unregistered Firearms?
To be in possession of firearms, the Prosecution must demonstrate that you had custody or control or have access to the firearms.

Legislation
This offence can be found in section 7C of Firearms Act 1996.

Elements of the offence
To prove this charge the Prosecution must prove that the accused possessed more than ten guns and that the guns were not registered.

“Can the Police prove that you possessed 10 or more unregistered firearms. “

A person charged with this offence may rely on one of the following defences:
  • Factual dispute; or
  • The Prosecution cannot prove the charges beyond reasonable doubt.
Questions in cases like this
  • Are the firearms registered?
  • Were the firearms in your possession?
  • Did you have 10 or more firearms in your possession?
Before pleading guilty to this charge, you should call one of our experienced solicitors to discuss your case and potential defences available.
 

The offence of Possessing Trafficable Quantity of Unregistered Firearms (s7C of the Firearms Act 1996) may result in a fine of up to 1,200 penalty units or 10 years imprisonment on a finding of guilt, and a very high likelihood of the weapons getting confiscated.