Firearm offences in Victoria are governed by the Firearms Act 1996, which creates a detailed licensing and registration scheme and makes it an offence to possess, carry, use, or store a firearm outside the conditions of that scheme. The regime distinguishes between licensed owners, prohibited persons, and unlicensed individuals, and the applicable penalty range depends significantly on which category the accused falls into and what category of firearm is involved.
The most common firearm charge Tringali Lawyers handles is possession of an unregistered firearm. The offence is made out where a person possesses, carries, or uses a firearm that is not registered, without the applicable licence or permit. The Firearms Act 1996 categorises firearms from Category A (lowest risk: air rifles, some rimfire rifles) through to Category E (highest risk: automatic weapons). The category of the firearm affects the penalty range, and certain categories of indictable possession charges carry mandatory minimum terms of imprisonment. That mandatory sentencing framework is a significant feature of Victorian firearm law that distinguishes it from many other offence categories.
Storage offences represent a different type of charge, typically affecting licensed owners who have failed to store their firearms and ammunition in the manner required by the Act. The storage requirements are specific: firearms and ammunition must be stored separately, in approved containers or storage systems, and the specific requirements vary by firearm category. A storage failure can result in both a criminal charge and the cancellation or suspension of the accused's licence, which has consequences beyond the immediate proceeding.
Imitation firearms, including some gel blaster configurations, can attract charges under the Firearms Act 1996 depending on their construction and use. The classification of a particular item as an imitation firearm within the meaning of the Act is not always straightforward and can be a genuine point of contest in some matters. Prohibited persons, those who have been convicted of certain offences or are subject to other disqualifying circumstances, face separate and more serious consequences for any firearm possession, and their charges are assessed against a different part of the Act's penalty structure.
Firearm charges in Victoria span possession, storage, imitation firearms, and prohibited-person matters. The category of the firearm and the accused's licence status are the two variables that most determine the seriousness of the charge.
Firearm matters present specific points of contest depending on the charge, the weapon category, and the accused's licence status. We identify those points from the brief before advising.
| Charge | Statute | Classification | Maximum |
|---|---|---|---|
| Possession of unregistered firearm (Category A/B) | Firearms Act 1996 | Indictable | 2 years imprisonment |
| Possession of unregistered firearm (Category C/D) | Firearms Act 1996 | Indictable | 5 years imprisonment |
| Possession of unregistered firearm (Category E) | Firearms Act 1996 | Indictable | 10 years imprisonment |
| Storage offence | Firearms Act 1996 s.121 | Summary or Indictable | Varies by category; licence cancellation likely |
| Prohibited person in possession | Firearms Act 1996 | Indictable | Up to 10 years; mandatory minimums apply |
Penalties scale by firearm category and the specific charge. Categories A and B (lowest-risk) carry a lower penalty range than C, D, or E. At the serious end, possession of a loaded firearm in a public place and certain prohibited-person offences carry mandatory minimum terms that cannot be reduced below the statutory floor.
Storage offences carry lower-range penalties and are more commonly associated with licence consequences than custody. A finding of guilt typically triggers licence review, and often cancellation or suspension, with ongoing practical consequences. For prohibited persons, the penalty range is higher and mandatory minimums are more commonly engaged.
Section 49 makes it an offence to possess, carry or use an unregistered firearm, with penalties scaling by firearm category and prior history; some categories carry mandatory minimum terms on indictable charges.
Section 49 of the Firearms Act 1996 is the core possession offence in Victorian firearm law. It prohibits possessing, carrying, or using a firearm that is not registered or for which the person does not hold the applicable licence or permit. The penalty range scales from the lower firearm categories (A and B) through to the higher categories (C, D, and E), with maximum penalties and, for some categories, mandatory minimum terms that apply on conviction. The mandatory minimum provisions mean that where the charge is established, the court has limited discretion to sentence below the statutory floor. Understanding which category applies to the firearm in your matter, and whether a mandatory minimum is engaged, is the first step in any firearm defence.
