Have you been charged with an offence against the Storage of Firearms under Dealer Licences?
You may be able to mount an effective defence against such a charge. Can the prosecution establish all elements of the offence? Were the firearms or ammunition stored according to the manner prescribed in the licence?
A finding of guilt for this offence could carry a prison term. You should seek legal representation immediately to ensure you are adequately advised and represented should your charge proceed to court.
For more information relating to the charge, read below.
The offence
S123 of the Firearms Act 1996.
The prosecution must prove:
the defendant held a dealer’s licence; and
the longarm, handgun or ammunition was stored in a way which breached the requirements fixed on the licence.
The maximum penalty
The maximum penalty for a category A/B longarm or handgun is 60 penalty units or 12 months imprisonment.
For a C/D longarm or handgun or ammunition the maximum is 120 penalty units or 2 years imprisonment.
For a category E longarm or handgun it is 240 penalty units or 4 years imprisonment.
Where will my case be heard?
A charge for the storage of firearms under a dealer’s licence will typically be heard in the Magistrates’ Court, although more serious cases may be heard in the County Court.
What do I do next?
If you have been charged with incorrect storage of a firearm under a dealer’s licence you should contact an experienced criminal lawyer immediately. With our assistance you will receive the expertise needed to achieve the best result in your matter.
The legislation
Section 123 Storage of firearms under dealers licences
(1) A person who possesses a category A or B longarm under a dealers licence must store that firearm in the manner fixed in the licence.
(1A) A person who possesses a paintball marker under a dealers licence must store that paintball marker in the manner fixed in the licence.
Penalty: 60 penalty units or 12 months imprisonment.
(2) A person who possesses a category C or D longarm or a general category handgun under a dealer’s licence must store that firearm in the manner fixed in the licence.
Penalty: 120 penalty units or 2 years imprisonment.
(3) A person who possesses a category E longarm or a category E handgun under a dealer’s licence must store that firearm in the manner fixed in the licence.
Penalty: 240 penalty units or 4 years imprisonment.
(4) A person who possesses ammunition under a dealer’s licence must store that ammunition in the manner fixed in the licence.
Penalty: 120 penalty units or 2 years imprisonment.
