Offence to Carry or Use a Firearm in Certain Places
In Victoria, the offence to carry or use a firearm in certain places carries a maximum penalty of 12 months imprisonment or 60 penalty units. The certain places are:
- A town;
- A populous place;
- Any thoroughfare; or,
- A place open to be used by the public for passage with vehicles.
A Court can impose any of the following penalties for this charge:
- Imprisonment (Jail – Full Time)
- Community Corrections Orders
- Fine
- Adjourned undertaking
- Discharge
- Dismissal
- Diversion
The Offence of Carrying or Using a Firearm in Certain Places:
The offence of carrying or using a firearm in certain places is contained in section 130 of the Firearms Act 1996 which states:
A person must not carry a loaded firearm or use a firearm in a town or populous place or on any thoroughfare or place open to or used by the public for passage with vehicles.
What Actions Might Constitute Carrying or Using a Firearm in Certain Places?
- Carrying all of the parts of a firearm whilst walking down a street;
- Discharging a firearm on a fire trail in a National Park;
- Holding a firearm whist walking through a railway underpass.
What the Police Must Prove:
To convict you of carrying of using a firearm in certain places, the prosecution must prove each of the following matters beyond a reasonable doubt:
You either:
- Carried; or,
- Used;
A firearm in either:
- A town;
- A populous place;
- A thoroughfare; or,
- A place open to or used by the public for passage with vehicles; and,
You were not authorised to do so.
Possible Defences for Carrying or Using a Firearm in Certain Places:
- Lack of intent/honest and reasonable mistake;
- The item does not fall within the definition of a firearm;
- Duress;
- Lawful excuse;
- You are a police officer or a protective services officer acting in the course of your official duties when authorised by the Chief Commissioner;
- You are an authorised IBAC Officer;
- You are a licenced security guard or prison guard;
- You are licenced pursuant to the Conservation, Forests and Lands Act 1987 or the Prevention of Cruelty to Animals Act 1986;
- You have permission from the Chief Commissioner.
Which Court Will Hear Your Matter ?
This is a summary matter and will be heard in the Magistrates’ Court of Victoria.