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Offence for Prohibited Person to Possess, Carry or Use a Firearm

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

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