Firearm Offences – VIC

Welcome to the VIC Offence for non-prohibited person to possess, carry or use a handgun without a licence article page. Everything you need to know about Offence for non-prohibited person to possess, carry or use a handgun without a licence according to VIC law.

What the Law States according to VIC Law for Offence for non-prohibited person to possess, carry or use a handgun without a licence

According to VIC Law for the charge of Offence for non-prohibited person to possess, carry or use a handgun without a licence,

Firearms Act 1996 – SECT 7
Offence for non-prohibited person to possess, carry or use a handgun without a licence

7. Offence for non-prohibited person to possess, carry or use a handgun without a licence

(1) A person must not possess, carry or use a registered general category handgun for purposes other than the purpose of collecting handguns, unless that person does so under and in accordance with a licence.

(2) A person must not possess, carry or use a registered general category E handgun, for purposes other than the purpose of collecting handguns, unless that person does so under and in accordance with a licence.

(3) A person must not possess, carry or use a registered general category, or category E handgun, that was manufactured before, on or after 1 January 1947, for the purpose of collecting handguns, unless that person does so under and in accordance with a licence.

(4) A non-prohibited person must not possess, carry or use a registered category E handgun for the purpose of collecting handguns unless that person does so under and in accordance with a licence

The Maximum Penalty – Offence for non-prohibited person to possess, carry or use a handgun without a licence

According to VIC Law for the charge of Offence for non-prohibited person to possess, carry or use a handgun without a licence:

Respectively:
1: 240 penalty units or 4 years imprisonment
2: 600 penalty units or 7 years imprisonment
3: 240 penalty units or 4 years imprisonment
4: 600 penalty units or 7 years imprisonment

What the Police must prove according to VIC Law for Offence for non-prohibited person to possess, carry or use a handgun without a licence

(a) the offence occurred at the time and place alleged
(b) the offender was the accused
(c) the accused possessed, used or carried a handgun without a licence
(d) the handgun was not registered

Possible Defences under VIC Law – Offence for non-prohibited person to possess, carry or use a handgun without a licence

(a) Duress
(b) Factual dispute
(c) Identification dispute
(d) Lack of intent
(e) Mental impairment
(f) Necessity
(g) Self-defence

In VIC which court will hear the matter – Offence for non-prohibited person to possess, carry or use a handgun without a licence

Magistrates’ Court

 

Date: 09/01/2009