Have you been charged with the Offence to Possess, Carry or Use an Unregistered Longarm?
If so, there are a number of legal defences a criminal lawyer may be able to raise on your behalf. Can the prosecution make out their case? Was the longarm indeed unregistered? Did you possess, care for or use the unregistered longarm weapon?
You may be facing a large penalty should you be convicted of an Offence to Possess, Carry or Use an Unregistered Longarm. Talk to an experienced legal practitioner as soon as possible.
Please read below for more information in relation to this charge.
The offence
Section 6A of the Firearms Act 1996.
The prosecution must prove:
The defendant used a longarm of a given category as listed under the Firearms Act;
That the longarm was unregistered.
The maximum penalty
The penalties vary depending on the category of unregistered longarm you have been charged with using.
The penalties range from 120 penalty units or 2 years imprisonment for a first offence, to 1200 penalty units and 10 years imprisonment for a second or subsequent offence.
Where will my case be heard?
If this is your first offence, an Offence to Possess, Carry or Use an Unregistered Longarm is generally heard in the Magistrates’ Court.
Otherwise it can also be heard in the County Court.
What to do next?
Being convicted of the Offence to Possess, Carry or Use an Unregistered Longarm is a serious matter, especially if it is your second or subsequent offence.
Contact an experienced criminal lawyer immediately, so that work on your defence may begin as soon as possible.
The legislation
S6A Offence to Possess, Carry or Use an Unregistered Longarm
(1) A non-prohibited person must not possess, carry or use a category A or category B long arm that is not registered.
Penalty: For a first offence, 120 penalty units or 2 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.
(2) A non-prohibited person must not possess, carry or use a category C or category D longarm that is not registered.
Penalty: For a first offence, 240 penalty units or 4 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.
(3) A non-prohibited person must not possess, carry or use a category E longarm 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.
(4) A non-prohibited person must not possess, carry or use a paintball marker that is not registered.
Penalty: For a first offence, 120 penalty units or 2 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.
