Have you been charged with Offence for Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence?
If you have, you should consider some defences that you may be able to rely on should your matter proceed to court.
Can the prosecution make out their case? Have you possessed, carried or used any longarm that is prohibited under the Act? Were you licensed to possess, carry or use one? Were there any mitigating circumstances for its possession, carriage or use?
You may be facing a large penalty should you be convicted of Offence for Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence. You should speak to a lawyer with experience in criminal law immediately.
Please read below for more information in relation to this charge.
The offence
Section 6 of the Firearms Act 1996.
The prosecution must prove:
The defendant was a non-prohibited person under the Firearms Act;
The defendant was in possession, carrying or using the category of longarm without a licence under the Act.
The maximum penalty
The penalties vary depending on the category of longarm you have been charged with using. The penalty range from 120 penalty units or 2 years imprisonment to 600 penalty units and 7 years imprisonment.
Where will my case be heard?
An Offence for Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence will generally be heard in the Magistrates’ Court.
What to do next?
Being convicted of the Offence for Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence can mean a long prison sentence. It is important that you contact an experienced criminal lawyer urgently so that they may be able to prepare your matter for court as effectively as possible.
The legislation
S6 Offence for Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
(1) A non-prohibited person must not possess, carry or use a category A longarm that is registered unless that person does so under and in accordance with a licence issued under this Part.
Penalty: 120 penalty units or 2 years imprisonment.
(2) A non-prohibited person must not possess, carry or use a category B longarm that is registered unless that person does so under and in accordance with a licence issued under this Part.
Penalty: 120 penalty units or 2 years imprisonment.
(3) A non-prohibited person must not possess, carry or use a category C longarm that is registered unless that person does so under and in accordance with a licence issued under this Part.
Penalty: 240 penalty units or 4 years imprisonment.
(4) A non-prohibited person must not possess, carry or use a category D longarm that is registered unless that person does so under and in accordance with a licence issued under this Part.
Penalty: 240 penalty units or 4 years imprisonment.
(5) A non-prohibited person must not possess, carry or use a category E longarm that is registered unless that person does so under and in accordance with a licence issued under this Part.
Penalty: 600 penalty units or 7 years imprisonment.
(5A) A non-prohibited person must not possess carry or use a paintball marker unless that person does so under and in accordance with a licence issued under this Part.
Penalty: 120 penalty units or 2 years imprisonment.
(6) A non-prohibited person must not possess, carry or use a longarm that is not a category A, B, C, D or E longarm.
Penalty: 240 penalty units or 4 years imprisonment.
