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
- Adjourned undertaking
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:
- Lack of intent/honest and reasonable mistake
- 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.