What is a firearm?
A firearm is defined under the Firearms Act 1996 (Vic) (the Act), as a device, where fully assembled or in parts, that is designed, 
adapted or able to be modified to discharge a shot, bullet or missile by the ignition of strongly combustible materials or compressed air or gases, whether stored in pressurised containers of the devices or produced by the device mechanically.
Possession Offences
Where a person has not be declared ‘prohibited’, it is a criminal offence to possess, carry or use a registered longarm or handgun without a licence.
Additionally, it is a criminal offence for a person to possess, carry or use an unregistered longarm or handgun, even if the person carries the appropriate firearms licence.
If you have been charged with a firearms possession offence, you should immediately seek legal advice. Our lawyers regularly handle firearms possession offences and can advise of your legal options.
Call for a free consultation on (03) 8658-0040 or book an appointment online.
Storage Offences
Under the Act, there are strict rules regarding how firearms must be stored. If these rules are not followed correctly, you may be charged with a criminal offence.
Where a person has a longarm licence for a category A, B, C or D longarm, or a handgun licence for a general category handgun, a person must store their firearm in a purpose-built steel storage receptacle (generally a safe) that:
- Is at least 1.6mm thick;
- If it weighs less than 150kg when empty, it must be bolted on the structure of where the firearm is authorised to be kept; and
- Is locked with a lock of sturdy construction when the firearm is being stored in it.
The key to the receptacle must also either be carried by the licence holder or be securely kept in a room that is separate to where the receptacle is located.
Additionally, if you own more than 15 firearms and are storing them on the same premises, you are required to fit an intruder alarm system.
Finally, in terms of the ammunition for these types of firearms, they need to be stored in in a locked container, and separately to the receptacle which stores the firearms.
If you have been charged with a firearms storage offence, you should immediately seek legal advice.
Call for a free consultation on (03) 8658-0040 or book an appointment online.
What are the effects of consenting to a final intervention order on your firearms licence?
Where an intervention order is applied for against a person who possesses firearms, and an interim is made, that person may be required to surrender all firearms they own to the police and have their licence suspended.
Where a person consents to final personal safety or family violence intervention order, they are automatically deemed a prohibited person under the Act. This means they are not allowed to possess, carry or use any firearm, and any firearms licence they possess will be suspended.
It is also important to note that with family violence intervention orders in particular, if a firearms condition is placed into a final order, it cannot be appealed, and it will prevent a person from applying to be deemed a ‘non-prohibited’ person in order to have their firearms returned to them.
If your firearms license is important to you, you need to get legal advice from a lawyer who understand firearms laws, before consenting to an intervention order.
Call for a free consultation on (03) 8658-0040 or book an appointment online.
Criminal offence for a prohibited person to possess, carry or use a firearm
Under section 5 of the Act, it is a criminal offence for a prohibited person to possess, carry or use a firearm.
A person will be found guilty of this offence if:
- The item in question is a firearm;
- The person had this firearm in their possession; and
- The person is prohibited from possessing firearms.
Making an application to be declared a non-prohibited person
Where a person is only declared ‘prohibited’ because they are the respondent in a final intervention order, they are able to make an application under Section 189 of the Firearms Act 1991 (referred to as a “Section 189 Application”) to be declared a non-prohibited person.
While the legislation does not clearly define what is required for a person to be declared a non-prohibited person, there is case law from the last 20 years which provides guidance as to what the Court will consider when hearing one of these applications.
When a section 189 application is brought before a Magistrate, they will consider:
- What circumstances caused a person to be deemed a prohibited person;
- Whether firearms were involved in the circumstances which led to the person becoming prohibited, and if so to what extent;
- Whether there were any collateral motives behind the application for an intervention order, and any evidence of these;
- The person’s record as the holder of a firearms licence; including how long they have had it for
- What the person’s interest in firearms is, and whether this interest is genuine and not unhealthy;
- Whether the person has any criminal history, in particular, if the person has any criminal history relating to firearms;
- Whether there are any risks to the protected person, or the community at large, if the person were permitted to possess, carry and use firearms;
- Whether the Application is opposed by the protected person under the intervention order; and
- Whether the Application is opposed by Victoria Police.
Being declared a non-prohibited person for limited purposes
When deciding on whether to declare a prohibited person be deemed a non-prohibited person, a Magistrate will want to ensure that if they allow the person to the possess, carry, and use firearms, that it is in a way that the public is kept safe.
In circumstances where a Magistrate is not satisfied a person should be deemed a non-prohibited person without restrictions, a Magistrate may be able to deem a person to be non-prohibited, but only for certain purposes.
For example, if a person requires their firearms as they need to carry a firearm as part of their work or cannot be a declared a prohibited person as it would prevent them from working in the role (for example, a security guard) a Magistrate can declare that a person is non-prohibited, but exclusively for work purposes.
Our firearms lawyers regularly handle Section 189 applications, and can provide advice on your particular matter.
Call for a free consultation on (03) 8658-0040 or book an appointment online at a time convenient here:
