Firearm Offences – VIC
Welcome to the VIC Offence for prohibited person to possess, carry or use a firearm article page. Everything you need to know about Offence for prohibited person to possess, carry or use a firearm according to VIC law.
What the Law States according to VIC Law for Offence for prohibited person to possess, carry or use a firearm
According to VIC Law for the charge of Offence for prohibited person to possess, carry or use a firearm,
Firearms Act 1996 – SECT 5
Offence for prohibited person to possess, carry or use a firearm
(1) A prohibited person must not possess, carry or use a registered firearm.
(1A) A prohibited person must not possess, carry or use a firearm that is not registered.
(2) A prohibited person must not possess, carry or use—
(a) a silencer; or
(b) any other prescribed item.
The Maximum Penalty – Offence for prohibited person to possess, carry or use a firearm
According to VIC Law for the charge of Offence for prohibited person to possess, carry or use a firearm:
Penalty respectively:
– 1200 enalty units or 10 years imprisonment
– 1800 penalty units or 15 years imprisonment
– 480 penalty units or 8 years imprisonment
What the Police must prove according to VIC Law for Offence for prohibited person to possess, carry or use a firearm
(a) the accused was a ‘prohibited person’ (see above)
(b) the offence occurred at the time and place alleged
(c) the offender was the accused
(d) the accused possessed, used or carried a firearm/silencer in the manner specified above
Possible Defences under VIC Law – Offence for prohibited person to possess, carry or use a firearm
(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 prohibited person to possess, carry or use a firearm
Magistrates’ Court
Date: 09/01/2009