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Offence to Possess, Carry or Use an Unregistered Handgun

Firearm Offences – VIC

Welcome to the VIC Offence to possess, carry or use an unregistered handgun article page. Everything you need to know about Offence to possess, carry or use an unregistered handgun according to VIC law.

What the Law States according to VIC Law for Offence to possess, carry or use an unregistered handgun

According to VIC Law for the charge of Offence to possess, carry or use an unregistered handgun,

Firearms Act 1996 – SECT 7B
Offence to possess, carry or use an unregistered handgun

7B. Offence to possess, carry or use an unregistered handgun

(1) A person must not possess, carry or use a general category handgun that is not registered.
(2) A person must not possess, carry or use a category E handgun that is not registered

The Maximum Penalty – Offence to possess, carry or use an unregistered handgun

According to VIC Law for the charge of Offence to possess, carry or use an unregistered handgun,

General Category: For a first offence, 600 penalty units or 7 years imprisonment.
For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.

Category E: For a first offence, 1800 penalty units or 14 years imprisonment.
For a second or subsequent offence, 2100 penalty units or 17 years imprisonment.

What the Police must prove according to VIC Law for Offence to possess, carry or use an unregistered handgun

(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 that was not registered

Possible Defences under VIC Law – Offence to possess, carry or use an unregistered handgun

(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 to possess, carry or use an unregistered handgun

Magistrates’ Court

 

Date: 09/01/2009

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