The Firearms Act 1996 (Vic) is the primary legislation regarding firearm offenses in Victoria, however other firearm-related offences can be found under the Crimes Act 1958 (Vic).
Typically, the charges laid by police in firearm cases depend on the category of firearm involved and a persons licencing status. Less serious firearm charges are considered summary offences and are heard in the Magistrates Court, with a maximum penalty of up to 2 years imprisonment. Serious indictable offenses are heard in the County Court and can carry a maximum penalty of more than 2 years imprisonment.
What types of firearms offences can our lawyers provide advice and representation for?
Our lawyers can provide expert advice and representation in various firearm offences including:
- Possessing a firearm without a proper licence,
- Possessing an unregistered firearm
- Storing a firearm or ammunition in an insecure manner
- Possessing cartridge ammunition
- Being a prohibited person in possession of a firearm
- Possessing an imitation firearm
- Carrying or using a firearm in a prohibited place
Our expertise extend to navigating the complexities of the Firearms Act 1996 (Vic) and its interaction with the Crimes Act and relevant Intervention Order legislation, particularly in cases where individuals holding firearms licences are subjected to Intervention Orders, leading to the surrender of their firearms and potential designation as prohibited persons. Additionally, our lawyers can assist in making applications for individuals to be deemed non-prohibited persons and facilitate the return of firearms licences through liaising with the Licencing Division of Victoria Police and presenting submission on the individual’s fitness and propriety to hold such licences.
How does the Firearms Act 1996 (Vic) interact with the Crimes Act and relevant Intervention Order legislation?
The Firearms Act 1996 (Vic) interacts with the Crimes Act and relevant Intervention Order legislation in cases where an Intervention Order is obtained against a holder of a firearms licence. When such an order is issued, the individual is required to surrender their firearms and may only regain their licence if the Intervention Order Application is struck out or until further order of the Court. Upon the making of a final Intervention Order, the Respondent will be deemed a prohibited person and prohibited from possessing a firearm for five years or more.
Why is it critical to seek legal advice promptly in cases related to firearms offences?
It is critical to seek legal advice promptly in cases related to firearm offences because the implications of such offences can have a significant impact on individuals wo require firearms for employment or recreation purposes.
The Firearms Act 1996 (Vic) imposes harsh penalties on individuals charged under relevant legislation, and the interaction between the Firearms Act, Crimes Act, and relevant Intervention Order legislation can result in the surrender of firearms and the designation of induvial as prohibited persons. Seeking legal advice promptly allows individuals to receive tailored guidance based on the specific circumstances of their situation, enabling them to navigate the complexities of firearm related legal matters effectively.
Additionally, seeking legal advice promptly allows for the timely initiation of legal processes which can be crucial in mitigating the potential impact of firearms related legal issues on individuals livelihoods and recreational pursuits.
