Have you been charged with Offence for Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence?
You need to consider some questions regarding this charge. It may be possible for you to raise a legal defence if the prosecution fails to prove all the elements of the offence.
Can the prosecution make out their case? Did you possess, carry or use handgun? Did you possess, carry or use it without a licence? Was the handgun in your possession for reasons other than use such as antiquity or for aesthetic purposes?
It is an Offence for Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence, and you may be facing an extended period of imprisonment should you be convicted of the offence. You should seek legal assistance immediately.
Please read below for more information in relation to this charge.
The offence
Section 7 of the Firearms Act 1996.
The prosecution must prove:
The defendant possessed, carried or used a handgun;
The purpose of its use was not for collecting; and
The defendant did not have a valid licence.
The maximum penalty
The penalties vary depending on the category of handgun you have been charged with using without a licence.
The penalties 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 Handgun Without a Licence will usually be heard in the Magistrates’ Court.
What to do next?
Should you be charged with this offence, it is important that you contact an experienced criminal lawyer straight away. They may be able to raise a legal defence on your behalf which could keep you out of prison. Call our specialist criminal law team today.
The legislation
S7 Offence for Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
(1) A non-prohibited person must not possess, carry or use a registered general category handgun for purposes other than the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under Division 3 or 5 of this Part.
Penalty: 240 penalty units or 4 years imprisonment.
(2) A non-prohibited person must not possess, carry or use a registered category E handgun for purposes other than the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under Division 3 of this Part.
Penalty: 600 penalty units or 7 years imprisonment.
(3) A non-prohibited person must not possess, carry or use a registered general category handgun, that was manufactured before 1 January 1947, for the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under section 21 or section 25.
Penalty: 240 penalty units or 4 years imprisonment.
(4) A non-prohibited person must not possess, carry or use a registered category E handgun for the purpose of collecting handguns unless that person does so under and in accordance with a licence issued under section 21 or section 25.
Penalty: 600 penalty units or 7 years imprisonment.
(5) A non-prohibited person must not possess, carry or use a registered general category handgun, that was manufactured on or after 1 January 1947, for the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under section 21A.
Penalty: 240 penalty units or 4 years imprisonment.
(6) A non-prohibited person must not possess, carry or use a registered category E handgun, that was manufactured on or after 1 January 1947, for the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under section 21A.
Penalty: 600 penalty units or 7 years imprisonment.
