Unauthorised Possession or Use of Prohibited Firearms - s7 Firearms Act

"Unauthorised possession or use of forbidden firearm" is similar to "possess or use unlicensed firearm," except it applies to a restricted firearm, not merely weapons.

Because these firearms are more dangerous, the maximum sentence for this offence is higher than for 'possess or use unlicensed firearm.'

Not Guilty

The prosecution must show two things beyond a reasonable doubt before charging you with possessing or using a restricted firearm:

• You used or had a handgun or banned gun
• You lacked a valid permit to use or possess the gun

If the prosecution can't show both factors, you'll be ruled "not guilty."

This implies that if you didn't use or possess a restricted firearm or had a legal permit or licence, you may wish to plead "not guilty" and fight the case in court.

You can go to court to prove your innocence.

You may also want to defend your behaviour, such as:

• Where you were persuaded or frightened into owning or using the gun (duress)
• Where the banned firearm was needed to prevent serious injury or danger (necessity)
• You used or possessed the gun to protect yourself, your property, or another person (self-defence)

If you want to plead "not guilty," you need a criminal lawyer with a track record of winning similar cases. An competent criminal lawyer can help you win your prohibited guns case with appropriate counsel and representation.

Plea of Guilty

If you accept the charges, you may want to plead guilty early.

Early guilty pleas show the court that you accept responsibility for your acts, which may lead to a reduced sentence. If you plead guilty early, you'll save a costly trial or defence hearing. f you're considering pleading guilty, know the potential penalties.

Your case will be heard in Local Court before a magistrate, where the maximum sentence is 2 years.

If the prosecution chooses District Court, you might face up to 14 years in prison.

Make sure your lawyer has experience with these types of cases; a qualified criminal lawyer will fight to keep your case in local court.

The type of sentence you receive depends on the facts and circumstances of your case, such as the number and type of weapons, your criminal past, and so on.

Courts can impose a wide range of fines, including:

Dismissal Conditional Release Fine Community Correction Intensive Correction Prison

What is a prohibited firearm?

1. Any machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger.

2. Any self-loading rimfire rifle

3. Any self-loading centre-fire rifle

4. Any self-loading or pump action shotgun

5. Any self-loading centre-fire rifle of a kind that is designed or adapted for military purposes.

6. Any self-loading shotgun of a kind that is designed or adapted for military purposes.

7. Any firearm that substantially duplicates in appearance (regardless of calibre or manner of operation) a firearm referred to in item 1, 5 or 6.

8. A firearm, not being a pistol, of the Uberti or Armi-Jager brands, or any similar firearm fitted with a revolving ammunition cylinder (other than a firearm manufactured before 1920).

9. A shotgun fitted with or designed to be fitted with a drum magazine of the “Striker 12” assault shotgun type or any similar weapon.

10. Any firearm to which there is attached any article or device capable of muffling, reducing or stopping the noise created by firing the firearm.

11. A firearm, not being a pistol, fitted with a stock that is specially designed so as to be readily detachable, or to operate on a swivel, folding or telescopic basis.

12. A firearm made up in the form of a stylographic or propelling pen or pencil, capable of being used for the discharge of gas, bullets, shot, dye or pyrotechnic flares.

13. A firearm capable of discharging by any means:

a) Any irritant matter in liquid, powder, gas or chemical form, or

b) Any pyrotechnic flare or dye, or

c) Any article known as a “paint-ball”.

14. A firearm that:

a) Substantially duplicates in appearance some other article (such as a walking stick, walking cane or key ring), and

b) Disguises or conceals the fact that it is a firearm.

15. A cannon or other weapon by whatever name known of a type which will expel a projectile by the action of an explosive or other propellant, and which has a barrel with a bore in excess of 10 gauge, not being a firearm of the Very or rocket type designed and intended for use for life saving or distress signalling purposes, an antique muzzle loading firearm, or a rifle or shotgun manufactured before 1920.

16. Any firearm which, or part of which, has a dimension less than the minimum dimension prescribed for the firearm or part by the regulations.

18. Any device known as a “powerhead” that can be attached to the end of a spear gun and that is designed to propel a projectile by means of an explosive.