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.