s122 Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences

Have you been charged with an offence against the storage of firearms under firearm collectors and firearm heirlooms licence?

If you have been charged with this offence, you should consider some defences that may be available to you should the matter proceed to court.

Can the prosecution make out all elements of the offence? Did you properly store your firearm and ammunition? Was the firearm in use at the time of the charge?

If these factors, or any others, appear relevant, contact an experienced criminal lawyer today to advise you as you deal with your charge.

For more information, please read below.

The offence

S122 of the Firearms Act 1996.

The prosecution must prove:

1. that the defendant incorrectly stored a firearm; and

2. that the defendant held a firearm collectors or firearm heirloom licence.

The maximum penalty

For a firearm collector whose firearm is not a Category E handgun or longarm, the maximum is 120 penalty units or 2 years.

For a collector with a Category E handgun or longarm, the maximum is 240 penalty units or 4 years.

For the incorrect storage of ammunition, the maximum is 10 penalty units.

Where will my case be heard?

Offences against the storage of firearms under firearm collector or heirloom firearm licences will most likely be heard in the Magistrates’ Court.

What to do next?

If you have been charged with an offence against the storage of firearms under firearm collector or heirloom firearm licences, you should contact an expert criminal lawyer immediately to ensure you are given the best defence possible.

The legislation

Section 122 Storage of firearms under firearms collectors and firearms heirlooms licences and ammunition under firearms ammunition collectors licence

(1) A person (who is not a person to whom subsection (1A) applies) who possesses a firearm (that is not a category E handgun or a category E longarm) under a firearms collectors licence must store that firearm, when the firearm is not being carried—

(a) in the manner provided for in item 3 of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 120 penalty units or 2 years imprisonment.

(1A) If—

(a) a person possesses not more than 15 category A or B longarms under a firearms collectors licence; and

(b) that person does not possess any other firearms under that licence; and

(c) the longarms are stored on a premises where no other firearms are stored—

the person must store each firearm held under that licence, when the firearm is not being carried—

(d) in the manner provided for in item 3A of Schedule 4; or

(e) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 120 penalty units or 2 years imprisonment.

(2) A person who possesses a category E handgun or a category E longarm under a firearms collectors licence must store that firearm in the manner fixed in the licence.

Penalty: 240 penalty units or 4 years imprisonment.

(3) A person who possesses a firearm under a firearms heirlooms licence must store that firearm, when the firearm is not being carried—

(a) in the manner provided for in item 4 of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 10 penalty units.

(4) A person who possesses cartridge ammunition under a firearms ammunition collectors licence must store that ammunition, when the ammunition is not being carried—

(a) in the manner provided for in item 5 of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 10 penalty units.