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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:

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.


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