Firearms Offenses

Gun Cases – Criminal Lawyers Melbourne

With so much talk of gun violence and recent high-profile cases in the news about guns, there’s no wonder that it’s such a hot button issue as of late. This, in turn, is causing more scrutiny on firearm offenses and how they are prosecuted. While firearm offenses can vary widely, when one is faced with a violation, it must not be taken lightly. A skilled, competent lawyer is the best defense to understand your rights and produce the best possible outcome.

Definition of Firearm Offenses

Under Australian Law, a firearm offense is defined as a “gun or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive,” which includes air guns and blank fire firearms as well. Also included are replica or imitation guns that are not manufactured as children’s toys.

Unregistered Firearms

Under Section 36 of the Firearms Act, a person is prohibited from selling, purchasing or possessing an unregistered firearm. An unregistered firearm charge can carry a maximum of 10 years if the pistol or firearm is prohibited. All other cases are subject to up to 5 years imprisonment.

Penalties for an unregistered firearm charge can include:

  • Jail
  • Home Detention
  • Suspended Sentence
  • Intensive Correction Order
  • Community Service
  • Fine
  • Good Behavior Bond

Unlicensed Firearms

The Firearms Act of 1996 outlines several categories which defines the type of firearm a licensee can possess as well as the stated use. An unlicensed firearm charge is issued when a license hasn’t been issued to a person in possession of or using the firearm.

A charge can also be issued when the licensee either possesses or uses the firearm out of the scope of its intended purpose.

In order to prevent an unlicensed firearm charge, you must submit an application to register your firearm for its intended use.

Possible Defenses

No matter what kind of firearm offense you are facing, there are several defenses that you can offer. The most common ones include:

  • Self defense
  • Necessity
  • Duress

Regardless of which type of firearm offense you are facing, it is recommended that you seek the legal advice of a competent, trusted and well-respected defense lawyer. To help you with your search and to hire the best possible lawyer, you simply have to call (03) 9021 2234. The trained professionals will listen to your case and guide you toward the best lawyer.