If you have unauthorised possession of three or more firearms and the firearms were not registered and if any of the three firearms was a prohibited firearm then you may be charged with Unauthorised possession of firearms in aggravated circumstances. An example of this is if you do not hold a licence but have 3 or more guns in your possession that you use for hunting purposes and these firearms are prohibited.

Section 51D of the Firearms Act 1996 states that a person who is in possession of more than 3 firearms is guilty of an offence under this subsection if the firearms are not registered, and the person is not authorised by a licence or permit to possess the firearms is guilty of an offence.
In order to be found guilty of unauthorised possession or use of pistols or prohibited firearms, the prosecution must prove beyond reasonable doubt that:

• You were in possession of more than 3 firearms.
• You were not authorised by a licence or permit to possess the firearms.
• The firearms were not registered.

If any of these elements cannot be proven beyond reasonable doubt, then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with unauthorised possession of firearms in aggravated circumstances charge, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.

Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The  penalty for unauthorised possession of firearms in aggravated circumstances carries a maximum penalty of 2 years imprisonment in the Local Court and a maximum penalty of 10 years imprisonment in the District Court. The offence of unauthorised possession of prohibited firearms in aggravated circumstances carries a maximum penalty of 20 years imprisonment and will be in the District Court.

This is a serious charge, our lawyers will come up with the best strategy for you and strive to achieve the best result.

Pleading Not Guilty

If you disagree with the unauthorised possession or use of pistols or prohibited firearms in aggravated circumstances charge, then it is best you enter a plea of not guilty.

Defences that can be used are:

• Duress: Where you were seriously threatened to take unauthorised possession
or use a prohibited firearm. Your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.

• Necessity: Where it was vital that you took unauthorised possession or used a
prohibited firearm to prevent serious injury, danger or death.

• Self Defence: Where it was crucial that you took unauthorised possession or
used a prohibited firearm to protect yourself, another person or property.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you had three or more firearms in your possession, the firearms were either unlicensed or a prohibited firearm or pistol. If the prosecution fail to prove these elements then you will be found not guilty.