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Offences for Certain Types of Handguns

Firearm Offences – VIC

Welcome to the VIC Offences for certain types of handguns article page. Everything you need to know about Offences for certain types of handguns according to VIC law.

What the Law States according to VIC Law for Offences for certain types of handguns

According to VIC Law for the charge of Offences for certain types of handguns,

Firearms Act 1996 – SECT 7A
Offences for certain types of handguns

7A. Offences for certain types of handguns

(1) A person who is the holder of a handgun target shooting licence must not possess, carry or use, unless authorised by the Chief Commissioner, any handgun that has a barrel length of—

– in the case of a semi-automatic handgun, less than 120 mm; or

– in the case of a revolver or single shot handgun, less than 100 mm; or any handgun that has a calibre of more than ·45 inch; or

– any handgun that has a calibre of more than ·38 inch but not more than ·45 inch; or

– a handgun that has a magazine with a capacity of more than 10 rounds.

(2) Upon application by a person who is the holder of, or an applicant for, a handgun target shooting licence, the Chief Commissioner may authorise the applicant to possess, carry or use a general category handgun that has a barrel length—

(a) in the case of a semi-automatic handgun, of less than 120 mm; or

(b) in the case of a revolver or single shot handgun, of less than 100 mm.

(3) In granting an authorisation under subsection (2) the Chief Commissioner may have regard to—

(a) whether or not the handgun is required for participation in approved handgun target shooting matches; and

(b) the experience of the applicant in the use of handguns for target shooting; and

(c) whether or not the handgun is appropriate for possession, carriage or use for target shooting; and

(d) the general size, appearance and other characteristics of the handgun; and

(e) any other relevant matter.

(4) Upon application by a person who is the holder of or an applicant for a handgun target shooting licence, the Chief Commissioner may authorise the applicant to possess, carry or use a general category handgun—

(a) that has a calibre of more than ·45 inch; or

(b) that has a calibre of more than ·38 inch but not more than ·45 inch.

(5) In granting an authorisation under subsection (4) the Chief Commissioner may have regard to—

(a) whether or not the handgun is required for participation in approved handgun target shooting matches; and

(b) the experience of the applicant in the use of handguns for target shooting; and

(c) whether or not a club to which the applicant belongs or at which the applicant intends to use the handgun is adapted to enable ammunition that may be used in a firearm of the calibre applied for to be used appropriately and safely; and

(d) whether or not the handgun is appropriate for possession, carriage or use for target shooting; and

(e) the general size, appearance and other characteristics of the handgun; and

(f) any other relevant matter.

(6) This section does not apply to a black powder handgun.

(7) This section does not apply to a person who is the holder of a handgun target shooting licence—

(a) who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, on an approved shooting range for the purpose of determining whether or not to purchase the handgun or apply for an authorisation under this section for the handgun; or

(b) who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, in an approved handgun target shooting match at an approved shooting range as the result of the malfunction of another handgun being used by that person in that match; or

(c) who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, for the purposes of instructing another person in the use of the handgun; or

(d) who possesses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, for the purposes of storing the handgun.

The Maximum Penalty – Offences for certain types of handguns

According to VIC Law for the charge of Offences for certain types of handguns, 240 penalty units or 4 years imprisonment.

What the Police must prove according to VIC Law for Offences for certain types of handguns

(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 in the manner specified above.

Possible Defences under VIC Law – Offences for certain types of handguns

(a) Factual dispute
(b) Identification dispute
(c) Lack of intent
(d) Mental impairment
(e) Necessity

In VIC which court will hear the matter – Offences for certain types of handguns

Magistrates’ Court

 

Date: 09/01/2009

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