Have you been charged with an offence relating to a Permit to Store Handguns?
You may be able to contest such a charge with a number of defences. Can the prosecution establish all the necessary elements of the offence? Were the conditions of the storage clearly communicated by the Chief Commissioner? Did you comply with the permit’s conditions?
With the assistance of an experienced criminal lawyer you may be able to achieve a satisfactory outcome in relation to a charge against a permit to store handguns.
See below for more information on this charge.
The offence
Section 121A of the Firearms Act 1996.
The prosecution must prove:
That the special storage arrangement granted by the permit was in operation; and
That the defendant failed to comply with the requirements of the permit.
The maximum penalty
The maximum penalty is 60 penalty units.
Where will my case be heard?
A charge against the permit to store handguns will most likely be heard in the Magistrates’ Court.
What to do next?
If you have been charged with this offence, you should contact an expert criminal lawyer immediately, so they can assist you by submitting any potential defences on your behalf.
The legislation
Section 121A Permit to store handguns
(1) The Chief Commissioner may grant a permit to a person who is the holder of a general category handgun licence or a dealer’s licence to store, at the premises specified in the permit, the handguns that are—
(a) specified in the permit; and
(b) possessed by another holder of a general category handgun licence who is unable to comply with the condition of the licence set out in section 16(3) and (4) or the condition set out in section 16(5) and (6) because the holder—
(i) proposes to be absent from the State for a substantial period of time; or
(ii) is temporarily physically incapacitated.
(2) The Chief Commissioner must not grant a permit under this section—
(a) if the applicant is a prohibited person; or
(b) unless the Chief Commissioner is satisfied that the applicant is a fit and proper person to hold such a permit; or
(c) unless the Chief Commissioner is satisfied that the licence holder under whose licence the handguns are possessed, carried or used is unable to comply with the condition of the licence set out in section 16(3) and (4) or the condition set out in section 16(5) and (6) because the holder—
(i) proposes to be absent from the State for a substantial period of time; or
(ii) is temporarily physically incapacitated.
(2A) An applicant is presumed not to be a fit and proper person for the purposes of subsection (2)(b) if he or she is a declared organisation member.
(2B) A presumption under subsection (2A) may be rebutted
(3) A permit under this section remains in force for the period specified in the permit, but in no case, for more than 12 months.
(4) The Chief Commissioner may impose any conditions on the permit that the Chief Commissioner thinks fit.
(5) The holder of a permit under this section does not commit an offence under this Part or under section 7 when acting under and in accordance with the permit.
(6) The licence holder under whose licence the handguns are possessed, carried or used does not commit an offence under this Part or under section 7 or 36 when the handguns are stored under and in accordance with the permit.
(7) An application for a permit must be in the form approved by the Chief Commissioner.
(8) The applicant must pay the prescribed fee for such a permit.
(9) The holder of the permit must comply with the permit.
Penalty: 60 penalty units.
