Weapons charges are not taken lightly in Victoria and can result in severe penalties, including imprisonment, heavy fines, and restrictions on your ability to own or possess firearms or other weapons. Assuming these charges knowing the heavy consequences can be overwhelming and this is why it is important to seek advice from a criminal lawyer who is thoroughly experiences in Weapons and Firearms Offences.
At Marcellus Law we have successfully defended clients who have assumed these offences by challenging the validity of searches, questioning whether the client was in possession of the weapons, and whether the criteria of trafficking can be established through the evidence. Challenging these aspects can make the difference between a low or no penalty, and a significant period of time in prison. Do not hesitate and contact our office for a free and confidential consultation today.
If you’re looking for the best legal advice in Melbourne when dealing with weapons or firearms charges, do not hesitate to contact our office for a free and confidential consultation today.
Offences fall under:
Firearms Act 1996 – Covers possession, manufacturing, trafficking of firearms.
Control of Weapons Act 1990 – Covers controlled and prohibited non-firearm weapons.
A person must not possess, carry or use a controlled weapon without lawful excuse. This is the lowest level offence involving weapons and is typically pursued when the weapon or the circumstances are not significantly threatening. A good way to understand weapons that fall within this definition is to exclude those that are prohibited weapons (defined in the below section), and then to consider items that may be used legally within a certain context but will be illegal if carried outside of that context. For example it is not an offence to own a chef’s knife and store it in the kitchen, or a hammer and store it in the garage, but it will be an offence to carry these weapons outside of that context if the reason for the possession is suspicious.
If you find yourself in a situation where the possession of a weapon is in question, you need a criminal lawyer who can assess the circumstances and help ensure your rights are protected.
Possession is an element that must be established by the Prosecution with a focus on the level of control exercised by the accused over the weapon. This applies to all possession offences with respect to weapons and firearms. A common defence is where an accused can successfully raise a doubt about whether they were in total and complete control over the weapon, implying that another person may have had control over the weapon at the same time.
Section 5AA of the Control of Weapons Act states:
A person must not possess, use or carry a prohibited weapon without an exemption.
A prohibited weapon is defined in the Act and includes weapons that can typically be understood to be illegal in all circumstances unless an exemption applies. As prohibited weapons can be more dangerous, and their possession more suspicious, than those of controlled weapons, the penalty for their possession will also be higher.
Imitation firearms also fall under the definition of prohibited weapons and Section 5AB regulates their possession. Not only is it illegal to possess an imitation firearm, but the consequences are far more serious if you are classified as a prohibited person under the Firearms Act and are found to be in possession of an imitation firearm. More information on prohibited person in the section on Firearms Offences below.
A person must not manufacture any firearm unless that person does so under and in accordance with a licence.
Penalties will vary depending on what kind of firearm is manufactured and whether they were in possession only of equipment for the purpose of manufacturing. Manufacturing carries its ordinary meaning and typically means constructing or building a firearm.
This offence is commonly laid when Police have executed a search warrant at a venue and identified complete or incomplete firearms in the process of manufacture and surrounded by equipment for the purpose of manufacture. Much of the evidence around this offence can therefore be initially challenged through the validity of the search warrant. Context must also established that there was a process of manufacture and Police often fall short as they cannot prove that there was enough evidence to show manufacture taking place. This latter issue will create the difference between a possession and manufacturing charge, which can carry significantly different penalties.
A person, who is not the holder of a dealers licence, must not acquire or dispose of 2 or more firearms within a period of 12 months, unless the person does so in accordance with this Act or the regulations.
Trafficking firearms involves the illegal trade, sale, or distribution of firearms. The quantity and control of the firearms (as indicated by the charge) as well as any evidence of the trafficking of these firearms are necessary for the Prosecution to prove the charge.
Evidence of trafficking may be obtained through the inference of the large volume of firearms, communication between the accused and a potential buyer, or through witness evidence. The charges are typically laid after lengthy investigations by Police. The consequences can be very serious and almost always result in prison sentences.
Using a weapon during an alleged crime, such as assault or robbery, significantly increases the severity of the charges. This often elevates a charge from a low-level offence to one punishable by lengthy prison sentences. Proving the use of a weapon during the offence is crucial.
Using weapons during offences like assault, robbery, or homicide significantly increases penalties. See related legal advice on:
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I will take the time to understand the charges, review all evidence, and pinpoint any errors or gaps in the prosecution’s argument. Even seemingly minor charges can result in lasting penalties. I will ensure your case is fairly assessed and your rights are upheld.
Criminal charges can have lasting and permanent effects on your life. I will work to mitigate the impact of these allegations and build a strong defense or plea.
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Let us lay out a plan together so you have more time to focus on your life.
If you’ve been charged with a weapons or firearms offence anywhere in Victoria, we’re here to help.
Facing weapons charges doesn’t have to ruin your future. With the right legal representation, you can challenge the allegations, protect your rights, and work toward a favorable outcome. Let me provide the support and expertise you need to navigate this process.
