Have you been charged with Offence to Possess, Use or Carry an Imitation Firearm?
An imitation firearm is defined under section 3 of the Control of Weapons Act as a device:
(a) the appearance of which could reasonably be mistaken for that of an operable firearm; but
(b) which is not designed or adapted to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means and is not capable of being made to do so;
If the matter proceeds to court, you may have certain defences you can rely upon which you are unaware of.
Can the prosecution prove all elements of the charge? Do you fall under the definition of a prohibited person given in section 3 of the Firearms Act 1996? Or were you subject to an exemption under section 8B or 8C of the Control of Weapons Act 1990?
Offence to Possess, Use or Carry an Imitation Firearm is a serious charge which can result in imprisonment if you are convicted. Contact an experienced criminal lawyer to represent you if you have been charged with this offence.
For more information on this charge please read below.
The offence
Section 5AB of the Control of Weapons Act 1990.
The prosecution must prove:
The defendant possessed, used or carried an imitation firearm as defined under section 3 of the Control of Weapons Act 1990 without an exemption under section 8B or 8C of the Control of Weapons Act 1990;
If charged under section 5AB(2) that the defendant was a prohibited person under section 3 of the Firearms Act 1996.
- If charged under section 5AB(3) that the defendant was subject to a firearm prohibition order.
The maximum penalty
If charged as a non-prohibited person – 240 penalty units or 2 years imprisonment.
If charged as a prohibited person – 1200 penalty units or 10 years imprisonment.
Where will my case be heard?
Offence to Possess, Use or Carry an Imitation Firearm will most likely be heard in the Magistrates Court, unless you are charged as a prohibited person under section 5AB(2) in which case it may be heard in the County Court.
What to do next?
Offence to Possess, Use or Carry an Imitation Firearm can carry stiff penalties if you are convicted. It is highly recommended that you contact an experienced criminal lawyer to begin preparing for your matter as soon as possible. Adequate planning and preparation can make the difference between a conviction and getting a great result.
The legislation
Section 5AB Offence to possess, use or carry an imitation firearm
(1) A non-prohibited person must not possess, use or carry an imitation firearm without an exemption under section 8B or an approval under section 8C.
Penalty: 240 penalty units or imprisonment for 2 years.
(2) A prohibited person must not possess, use or carry an imitation firearm.
Penalty: 1200 penalty units or imprisonment for 10 years.
(3) An individual to whom a firearm prohibition order applies must not possess, carry or use an imitation firearm.
Penalty: 1200 penalty units or imprisonment for 10 years.
