Store Firearms Under Longarm and Handgun Licences

In Victoria it is an offence to have a firearms licence and store a firearm incorrectly.

The maximum penalty for this offence is a fine of up to 60 penalty units or 12 months’ imprisonment.

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 Possession of Incorrect Storage of Firearms

The offence of not storing firearms in the prescribed manner is contained in s 121 of the Firearms Act.

The firearm must be stored as follows:

• In the manner provided for in Items 1 or 2 of Schedule 4 of the Act which stipulates, amongst other things, the requirements for the receptacle of the firearm; or
• In any other manner which the Chief Commissioner is satisfied is as secure are the manner provided for in Item 1 of Schedule 4.

What the Police Must Prove

To convict you of this offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

• You possess the relevant firearms licence;
• You possess a firearm; and
• The firearm is not stored in the prescribed manner.

Possible Defences for Incorrect Storage of Firearms

Possible defences to this charge include but are not limited to:

1. Lack of intent/honest and reasonable mistake
2. Factual Dispute

What Court Will Hear Your Matter?

Although this matter is an indictable offence, it will likely be dealt with by the Magistrates’ Court.