Have you been charged with an offence relating to the storage of firearms under longarm and handgun licences?
There may be defences available to you that you are unaware of. You will need to engage an experienced criminal lawyer to defend you against a charge of incorrect storage of firearms.
Some questions you should consider are: Can the prosecution establish all elements of the offence? What category of firearm does the offence relate to? Was the longarm or handgun in use at the time of the charge? Was your storage facility secure in accordance with the guidelines established by the Chief Commissioner?
For more information on the charge please read below.
The offence
Section 121 of the Firearms Act 1996.
The prosecution must prove:
that the firearm/ammunition was not being carried or used; and
that the firearm ammunition was not being stored in a manner required by legislation or the Chief Commissioner.
The maximum penalty
For a category A or B longarm or its ammunition the maximum penalty is 60 penalty units or 12 months imprisonment.
For a general category handgun, category C or D longarm or its ammunition 120 penalty units or 2 years imprisonment.
For a category E handgun or category E longarm, or its ammunition 240 penalty units or 4 years imprisonment.
Where will my case be heard?
A charge against the storage of firearms under longarm or hand gun licences will most likely be heard in the Magistrates Court.
What to do next?
The potential penalty for an offence against the storage of firearms under longarm or hand gun licences is up to 4 years imprisonment, so you are advised to contact an experienced criminal lawyer immediately.
Expert advice and representation is the best way to maximise the chance of a favourable outcome in your matter.
The legislation
121 Storage of firearms under longarm and handgun licences
(1) A person who possesses a firearm under a longarm licence for a category A or B longarm must store that firearm, when the firearm is not being carried or used—
(a) in the manner provided for in item 1 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: 60 penalty units or 12 months imprisonment.
(1A) A person who possesses cartridge ammunition under a longarm licence for a category A or B longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used—
(a) in the manner provided for in item 1 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: 60 penalty units or 12 months imprisonment.
(1B) A person who possesses a paintball marker under a paintball marker licence must store that paintball marker, when is it not being carried or used—
(a) in the manner provided for in item 1A 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: 60 penalty units or 12 months imprisonment.
(2) A person who possesses a firearm under a handgun licence for a general category handgun or a longarm licence for a category C or D longarm must store that firearm, when the firearm is not being carried or used—
(a) in the manner provided for in item 2 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.
(2A) A person who possesses cartridge ammunition under a handgun licence for a general category handgun or a longarm licence for a category C or D longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used—
(a) in the manner provided for in item 2 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.
(3) A person who possesses a firearm under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that firearm, when the firearm is not being carried or used, in the manner provided for by the Chief Commissioner in the licence.
Penalty: 240 penalty units or 4 years imprisonment.
(3A) A person who possesses cartridge ammunition under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used in the manner provided for by the Chief Commissioner in the licence.
Penalty: 240 penalty units or 4 years imprisonment.
