Common questions about firearm charges in Victoria.

Section 49 makes it an offence to possess, carry or use an unregistered firearm. Penalties scale by category (A through E) and prior history; some categories carry mandatory minimum terms on indictable charges.

Section 49 of the Firearms Act 1996 (Vic) creates the offence of possessing, carrying, or using an unregistered firearm. It is one of the most commonly charged firearm offences in Victoria. The severity of the offence depends primarily on the category of firearm: Category A covers air rifles and some lower-powered firearms; Category E covers machine guns and other prohibited weapons. Penalties increase with each category and are also affected by prior history. For some categories, particularly D and E, charges proceed on indictment to the County Court and carry mandatory minimum penalties. A person can hold a valid firearms licence and still be charged under section 49 if the specific firearm in question is not registered in their name, registration being separate from licensing. Understanding which category applies to your matter and whether any mandatory minimum provisions are engaged is critical to assessing the realistic range of outcomes.

Storage offences under section 121 of the Firearms Act 1996 cover failures to keep firearms and ammunition stored as required. Penalties scale by category and can also affect the ongoing licence.

Yes. Holding a valid firearms licence does not protect against a storage offence charge. Section 121 of the Firearms Act 1996 requires that licensed firearms owners store their firearms and ammunition in ways that comply with the regulations, typically in a locked cabinet of a specified standard, with ammunition stored separately. Failure to meet those requirements is an offence, even where the firearm is registered and the licence is current. Storage charges are commonly detected following a theft of the firearm, a police inspection, or an incident that leads police to examine the storage arrangements. In addition to the criminal charge, a storage offence finding can trigger a review of the owner's licence by the Victoria Police Licensing and Regulation Division. The practical strategy in these matters often involves not only contesting the charge or mitigating the penalty, but also managing the licence review as a parallel process.

Yes. Imitation firearms, including some gel blasters, are regulated in Victoria and possession outside the licensed regime can attract charges under the Firearms Act 1996.

Yes. Imitation firearms are regulated under the Firearms Act 1996 and the Control of Weapons Act 1990 in Victoria. Whether a particular item is an imitation firearm within the meaning of the legislation depends on its design and function; items that look like firearms or that can discharge a projectile may fall within the definitions even if they are not conventional firearms. Gel blasters, which have become more common in recent years, occupy a particularly contested space: depending on their configuration they may or may not fall within the definition of a firearm or imitation firearm under Victorian law, and the position can differ from that in other states. A person found in possession of an item later determined to be a regulated imitation can face charges even if they did not appreciate it was regulated. If you have been charged in connection with a gel blaster or other imitation device, the starting point is a careful look at the specific item and how the definitions in the Act apply to it.

A charge alone can trigger a licence review by Victoria Police Licensing and Regulation Division; a finding of guilt typically results in cancellation under the prohibited-person provisions of the Firearms Act 1996.

The impact on a firearms licence can begin at the charge stage, before any finding of guilt. Victoria Police Licensing and Regulation Division has power to review, suspend, or cancel a licence where a person is charged with a relevant offence, not only after a finding of guilt. A finding of guilt under the Firearms Act 1996 for a prescribed offence brings the person within the prohibited-person provisions, which disqualify them from holding a licence. The length and terms of that disqualification depend on the nature of the offence. The licence consequences are therefore a material consideration in deciding how to run the matter. In some cases, avoiding a finding of guilt by contesting the charge or by obtaining diversion is as important for the licence as it is for any other aspect of the outcome. We advise on both the criminal proceedings and the licence strategy as part of the same engagement.

Possession requires custody and control. Where the firearm was not yours and you had no control over it, defences may be available, though the evidence needs careful review.

Possession under the Firearms Act 1996, as with possession in the drug context, requires the prosecution to prove that you had custody or control of the firearm and that you knew it was there. Finding a firearm in a shared house, flat, or storage area does not automatically establish possession against all persons who live or access that space. The prosecution must connect the firearm to you specifically. Defences turn on the specific evidence: whose name is on the tenancy or ownership; whether you had access to the part of the property where the firearm was found; whether the firearm was in a locked space to which you did not have a key; what was said to police at the time; and whether there is any other evidence tying the firearm to a specific person. These are fact-intensive cases where the brief of evidence needs to be reviewed carefully. Do not assume the charge is unanswerable because the firearm was on the property where you live or work.