Have you been charged with Offence for Prohibited Person to Possess, Carry or Use Firearm?
If you’ve been charged with this offence, see an experienced criminal lawyer. There are some defences you may be able to rely on should your matter proceed to court.
Can the prosecution make out their case? Are you indeed a prohibited person as described by section 3 of the Firearms Act 1996? Were you in possession of, carrying or using the firearm?
It is a serious offence to possess, carry or use a firearm as a prohibited person, and you may face a long prison sentence if you are convicted. Discuss your options with your lawyer before facing a Court.
Please read below for more information in relation to this charge.
The offence
Section 5 of the Firearms Act 1996.
The prosecution must prove:
The defendant was a prohibited person under the Firearms Act;
The defendant was in possession, carrying or using the firearm; or
The defendant was in possession of, or carrying or using a silencer or similar prescribed item.
The maximum penalty
10 years imprisonment or 1200 penalty units for the possession, carrying or use of a firearm, or 8 years imprisonment or 480 penalty units for possession, carrying or use of a silencer or other prescribed item.
Where will my case be heard?
Offence for Prohibited Person to Possess, Carry or Use Firearm cases are generally dealt with in the Magistrates’ Court.
However, depending on the circumstances of the charge, and any other aggravating circumstances such as use in the vicinity of other people, for threats, robberies etc. the matter may proceed to the County Court.
What to do next?
Offence for Prohibited Person to Possess, Carry or Use Firearm is a serious charge and can mean a long prison sentence if you are convicted. Contact an expert in criminal law to help you prepare for your matter as soon as possible.
The legislation
S5 Offence for Prohibited Person to Possess, Carry or Use Firearm
(1) A prohibited person must not possess, carry or use a firearm.
Penalty: 1200 penalty units or 10 years imprisonment.
(2) A prohibited person must not possess, carry or use—
(a) a silencer; or
(b) any other prescribed item.
Penalty: 480 penalty units or 8 years imprisonment.
