Store Firearm or Ammunition in an Insecure Manner

Police Interview

The offence of Store Firearm or Ammunition in an Insecure Manner has consequences on your firearms licence as well as criminal implications. Therefore, you must treat an allegation such as this seriously. The police will ask questions to probe the circumstances which led to you to Storing Firearm or Ammunition in an Insecure Manner. Your answers in a recorded interview are generally admissible against you. You should be very careful about how you conduct yourself in a police interview for this offence.

Prior to attending your interview, you should contact us and arrange a conference with one of our lawyers. We will explain the interview process to you, the types of questions you should expect and what generally happens after an interview has concluded.

We can also attend an interview with you. People often feel more comfortable having a lawyer accompany them to their police interview.

Pleading Not Guilty

Our lawyers analyse and police briefs and assist people to contest charges every day. We have extensive experience reviewing evidence, requesting disclosure material, working out the best available defence and advising our clients of the Court process. This comes from years of experience.

If you wish to plead not guilty, you should book an appointment with one of our lawyers. Bring your paperwork with you so we can appraise the brief. The lawyer will be able to give you some broad advice and explain the process of contesting charges.

Pleading Guilty

If you decide to plead guilty to Storing Firearm or Ammunition in an Insecure Manner, our lawyers will advise you of all the implications so you know exactly what you are agreeing to.

We will then work with you to gather character references and prepare carefully crafted legal submissions for you. This will mean that you go to court with a thoroughly prepared plea in mitigation that will assist you in obtaining the best result possible in your case.

Sentencing

Sentencing in the higher courts of VictoriaSentencing in the Magistrates’ Courts of Victoria

Which court will the case be heard in?

As a summary offence, any summons for this charge will be heard in the Magistrates’ Court.

What is the legal definition of Store Firearm or Ammunition in an Insecure Manner?

The Firearms Act defines ‘firearm’ as:

any device, whether or not assembled or in parts—

1. which is designed or adapted, or is capable of being modified, to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means; and
2. whether or not operable or complete or temporarily or permanently inoperable or incomplete—

and which is not—

3. an industrial tool powered by cartridges containing gunpowder or compressed air or other gases which is designed and intended for use for fixing fasteners or plugs or for similar purposes; or
4. a captive bolt humane killer; or
5. a spear gun designed for underwater use; or
6. a device designed for the discharge of signal flares; or
8. a device commonly known as a kiln gun or ring blaster, designed specifically for knocking out or down solid material in kilns, furnaces or cement silos; or
9. a device commonly known as a line thrower designed for establishing lines between structures or natural features and powered by compressed air to other compressed gases and used for rescue purposes, rescue training or rescue demonstration; or
10. a device of a prescribed class.

Examples of Store Firearm or Ammunition in an Insecure Manner

• Storing a firearm on the garage floor behind a shelf
• Storing a firearm or ammunition in a wardrobe
• Storing a firearm or ammunition in the boot of a car in an insecure manner

Elements of the offence

The prosecution must prove:

1. The item in question is a firearm or cartridge ammunition or both;
2. The accused possessed the firearm and/or cartridge ammunition in question; and
3. The accused was not a holder of a license permitting possession under the Act.

Legislation

The legislation for this offence can be found on section 129(A) of the Firearms Act 1996.

Defences

The following defences are available to this charge:

1. The Prosecution cannot prove the elements of the offence beyond reasonable doubt;
2. Factual error about where the firearm or ammunition was stored

Questions in cases like this

• Was the firearm properly stored?
• Where was the firearm or ammunition found?
• Did you know that the firearm wasn’t properly stored?
• Why was the firearm not stored correctly?

This is a serious charge that can carry significant penalties if an accused is proven guilty. It is crucial that you have a lawyer evaluate your case before deciding whether to contest or enter a plea of guilty to any criminal allegation of this nature.

Maximum penalty for section 129(A) of the Firearms Act 1996

The offence of Store Firearm or Ammunition in an Insecure Manner (s129(A) of the Firearms Act 1996) carries a maximum fine of 240 penalty units (around $40,000) or 4 years imprisonment.

Case studies related to Store Firearm or Ammunition in an Insecure Manner

• Diversion for Fail to Store Firearm in Secure Manner
• Sentence Appeal – Robbery, Trafficking, Firearms Offences

Other important resources

• SACStat Higher Courts – Firearms Act 1996 (Vic) : s 129A – store firearm or ammunition in an insecure manner
• SAC Statistics – Firearms Act 1996 (Vic) : s 129A – store firearm or ammunition in an insecure manner
• VCC summaries – firearms offences: Sentencing decisions from 1 January 2016 to 30 November 2017, arranged by severity of total effective sentence