Firearm Offences

In Victoria, firearms offences are governed by the Firearms Act 1996, which regulates the possession, use, purchase, manufacture, supply and storage of firearms and associated components. The intent of the legislation is to limit firearm possession and promote public safety. This page deals with firearms offences in Victoria.

Definition Of Firearms

Section 3 defines a firearm, whether or not assembled or in parts – 

1. which is designed or adapted, or is capable of being modified, to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means; and
2. whether or not operable or complete or temporarily or permanently inoperable or incomplete— and which is not—
3. an industrial tool powered by cartridges containing gunpowder or compressed air or other gases which is designed and intended for use for fixing fasteners or plugs or for similar purposes; or
4. a captive bolt humane killer; or
5. a spear gun designed for underwater use; or
6. a device designed for the discharge of signal flares; or
7. a device commonly known as a kiln gun or ringblaster, designed specifically for knocking out or down solid material in kilns, furnaces or cement silos; or
8. a device commonly known as a line thrower designed for establishing lines between structures or natural features and powered by compressed air or other compressed gases and used for rescue purposes, rescue training or rescue demonstration; or
9.  a device of a prescribed class

Handguns vs Longarms

The legislation differentiates between a handgun and a longarm.

A handgun is a firearm that is:

1. Reasonably capable of being carried or concealed about the person; or
2. Is reasonably capable of being raised and fired by one hand; or
3. Does not exceed 65 cm in length parallel to the barrel.

A longarm is any firearm that is not a handgun.

Prohibited Persons

In Victoria a prohibited person is someone who must not be issued a firearms licence and therefore not authorised to possess, use or carry a firearm. 

A person who has been deemed a Prohibited Person can, in certain circumstances, apply to the court to have this order revoked. 

Possession of Unregistered Firearms

Under the Firearms Act, it is an offence to possess, carry or use an unregistered firearm. The maximum penalty that applies for this offence depends on the type of firearm involved and whether it is the person’s first, second or subsequent offence, however, penalties can reach as high as 17 years imprisonment. 

A person who possesses two or more unregistered firearms is guilty of possessing a traffickable quantity of unregistered firearms. This offence is punishable by up to 10 years imprisonment.

Possession of Firearm without a licence

It is an offence to possess, carry or use a handgun or a longarm without a licence. The maximum penalty for this offence depends on the type of firearm involved and whether the offender is a prohibited or non-prohibited person. 

Safe Keeping of Firearms and Ammunition

It is an offence to fail to carry and use a firearm in a safe and secure way. This offence can result in a fine of up to 240 penalty units or a term of imprisonment of up to four years, depending on the type of firearm involved.