Have you been charged with an Offence Against the Safekeeping of Firearms and Ammunition While Being Carried or Used?
You may be able to contest such a charge with a number of defences. Can the prosecution prove all elements of the offence? Did did you believe yourself to have taken reasonable steps to protect your longarm, handgun or ammunition?
You should contact an experienced lawyer to represent you and to prepare the best possible defence to your charge.
For more information on your charge, please continue reading below.
The offence
Section 126 of the Firearms Act 1996.
The prosecution must prove:
That the defendant possessed a longarm, handgun or ammunition; and
That the defendant failed to ensure that the firearm was carried, used or kept in a secure and safe manner.
The maximum penalty
The maximum penalty for failing to keep a category E longarm/handgun is 240 penalty units or 4 years imprisonment.
For failing to keep cartridge ammunition in a safe or secure manner the maximum penalty is 60 penalty units or 12 months imprisonment.
Where will my case be heard?
A hearing for a charge against the safekeeping of firearms and ammunition while being carried or used will typically 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 to act on your behalf immediately. Should the matter proceed to court it is crucial that your lawyer has had adequate time to prepare
Call us and speak to one of our specialist criminal lawyers today.
The legislation
Section 126 Safekeeping of firearms and cartridge ammunition while being carried or used
(1) A person who is carrying or using a category A or B longarm must—
(a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and
(b) must take reasonable precautions to ensure that the firearm is not lost or stolen.
Penalty: 60 penalty units or 12 months imprisonment.
(2) A person who is carrying or using a category C or D longarm or a general category handgun must—
(a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and
(b) must take reasonable precautions to ensure that the firearm is not lost or stolen.
Penalty: 120 penalty units or 2 years imprisonment.
(3) A person who is carrying or using a category E longarm or a category E handgun must
(a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and
(b) must take reasonable precautions to ensure that the firearm is not lost or stolen.
Penalty: 240 penalty units or 4 years imprisonment.
(4) A person who is carrying or using cartridge ammunition must—
(a) ensure that the cartridge ammunition is carried and used in a manner that is secure and is not dangerous; and
(b) must take reasonable precautions to ensure that the cartridge ammunition is not lost or stolen.
Penalty: 60 penalty units or 12 months imprisonment.
