Possession of a Trafficable Quantity of Unregistered Firearms

In Victoria, it is an offence to possess a trafficable quantity of unregistered firearms. A trafficable quantity is more then two firearms that are not registered. This is a serious offence, for which the maximum penalty is a fine of up to 1200 penalty units or 10 years of imprisonment. For the purpose of proving the offence, it does not matter whether you were, in fact, trafficking the firearms or not, but it can affect the sentence you receive.

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 Possessing a Trafficable Quantity of Unregistered Firearms

Section 7C of the Firearms Act states ‘a person must not possess more than two firearms that are not registered’.

Under s 7C(2), a person will not be guilty of this offence if they have, in respect of any one of the two firearms, given a notice to the Chief Commissioner in the prescribed form under the Act.

What the Police Must Prove

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

1. You possessed more than two firearms;
2. The items in question fit the definition of a firearm; and
3. The firearms were unregistered.

Possession in relation to a firearm includes:

• Actual physical possession;
• Custody or control; or
• Having and exercising access to the firearm, either solely or in common with others.

Possible Defences for  Possessing a Trafficable Quantity of Firearms

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

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

Which Court Will Hear Your Matter?

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

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.