Firearm Offences – VIC

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

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

Firearms Act 1996 – SECT 6
Offence for non-prohibited person to possess, carry or use a longarm without a licence

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

(1) A person must not possess, carry or use a category A, B, C, D, or E longarm that is registered unless that person does so under and in accordance with a licence.

(2) A person must not possess carry or use a paintball marker unless that person does so under and in accordance with a licence.

(3) A person must not possess, carry or use a longarm that is not a category A, B, C, D or E longarm

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

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

Category A, B: 120 penalty units or 2 years imprisonment

Category C,D: 240 penalty units or 4 years imprisonment

Category E: 600 penalty units or 7 years imprisonment

Paintball marker: 120 penalty units or 2 years imprisonment

Not a Category A,B,C,D,E: 240 penalty units or 4 years imprisonment

What the Police must prove according to VIC Law for Offence for non-prohibited person to possess, carry or use a longarm 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 longarm without a licence
(d) the longarm was not registered

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

Magistrates’ Court

 

Date: 09/01/2009