Unauthorised Possession or Use of Firearms - s7A Firearms Act

August 12, 2022

The law prohibits anyone from owning or using a handgun unless they have a valid firearms permit.


The consequences might be severe for those who are found in possession of a firearm without a valid permission. As a result of being charged with a firearms offence, you may be unable to work or travel.


Choices Available to You


Pleas of Innocence


Possession of an unauthorised firearm necessitates two components to be shown beyond a reasonable doubt by the prosecution. These include:


  • Your gun ownership was a known fact.
  • That you were not in possession of a valid permit to possess a firearm.


The prosecution must also establish two things beyond a reasonable doubt if you are accused of using an unauthorised firearm:


  • That you had a handgun at hand
  • A claim that you used a firearm illegally or that it was not in accordance with the terms and conditions of your guns licence


In this case, you will be acquitted if the prosecution fails to meet its burden of proof.


It's possible to plead 'not guilty' to the charge if you believe that you were in possession of a valid firearms licence or believe that you had some other good reason to believe that your actions were justified.


Your case will then be heard in court by an impartial magistrate who will take into account all the evidence before making a decision.


In addition, we may provide you with information about possible defences, such as:


  • if you were threatened or pressured into owning or using the gun (duress)
  • In cases where a firearm was required to prevent death or serious bodily harm (necessity)
  • While using or possessing the handgun for self-defense or the defence of another individual (self-defence)


Our seasoned defence attorneys, we'll be able to provide you the best advice on your options and whether or not to plead "not guilty."


GUILTY PLEA


You may want to accept the charges against you and file a guilty plea as quickly as feasible. This will save you time and money, and it's likely to result in a better outcome than if you had been found guilty in court.


Most of these cases are adjudicated in the Local Court, where a two-year prison sentence is the maximum penalty for having or using an illegal firearm.


In contrast, if the case is handled in District Court, you could face a maximum sentence of five years in prison.


Note that these maximum punishments only apply to the most serious offences, and will not be applied in all circumstances. In actuality, the court can only utilise jail as a last resort in criminal proceedings.


Criminal defence attorneys can help you achieve the greatest possible sentence by presenting your case in its best light and convincing the magistrate to deal with the offence leniently, which is what our team can do for you!


An order of non-conviction means that you have been convicted of the crime and are still able to work and travel, but you do not obtain a criminal record.


Unlicensed firearm possession and use most frequently results in a fine, according to the data.