Have you been charged with the Offence to Possess, Carry or Use an Unregistered Handgun?
If so, you will need to speak to a specialist in criminal law. This can be a very serious charge, and there may be some legal defences that you can raise.
Your lawyer will investigate factors such as whether the prosecution can make out their case if they have evidence to show that you possessed, carried or used an unregistered handgun, whether it was indeed unregistered, and find any mitigating circumstance that may support your case.
Please read below for more information in relation to this charge.
The offence
Section 7B of the Firearms Act 1996.
The prosecution must prove:
The defendant possessed, carried or used a handgun; and
The handgun was unregistered
The maximum penalty
The penalties vary depending on the category of unregistered handgun you have been charged with using.
The penalties range from 600 penalty units or 7 years imprisonment for a first offence where a general category handgun is at issue, to 2100 penalty units and 17 years imprisonment for a second or subsequent offence where a category E handgun is in question.
Where will my case be heard?
The Offence to Possess, Carry or Use an Unregistered Handgun charge will be heard in the Magistrates’ Court generally but may be heard in the County Court if it is a subsequent offence and if the handgun in question is a category E handgun.
What to do next?
It is crucial for your chances in court that you contact a lawyer immediately so that your matter can be prepared as effectively as possible. Call us and speak to one of our experienced criminal lawyers today.
The legislation
S7B Offence to Possess, Carry or Use an Unregistered Handgun
(1) A person must not possess, carry or use a general category handgun that is not registered.
Penalty: For a first offence, 600 penalty units or 7 years imprisonment;
For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.
(2) A person must not possess, carry or use a category E handgun that is not registered.
Penalty: For a first offence, 1800 penalty units or 14 years imprisonment;
For a second or subsequent offence, 2100 penalty units or 17 years imprisonment.
