If you have possession of or have used an unlicensed firearm or prohibited firearm then you may be charged with possess or use of unlicensed firearm or prohibited firearm. An example of this is innocently having a gun in your possession that may have been handed down innocently from generation to generation as a gift, however the gun is now unauthorised and prohibited and you do not hold a licence to take possession of that gun.
Section 7 of the Firearms Act 1996 states that a person must not possess or use a pistol or prohibited firearm unless the person is authorised to do so by a licence or permit.

In order to be found guilty of unauthorised possession or use of pistols or prohibited firearms, the prosecution must prove beyond reasonable doubt that:

• The firearm was in your possession
• That you did not have a valid permit or license to use or possess that firearm

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 the charge unauthorised possession or use of pistols or prohibited firearms, 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 solicitors at the earliest, so that our solicitors can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced solicitors to try and negotiate the facts that the magistrate will read when sentencing you. The facts the magistrate reads will give the magistrate and understanding of what sentence you should receive. Our experienced solicitors can have the facts amended or better yet have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The penalty for Unauthorised Possession or Use of Pistols or Prohibited Firearms carries a maximum penalty of 2 years imprisonment in the Local Court and a maximum penalty of 14 years imprisonment in the District Court. If you are facing charges of Unauthorised Possession or Use of Pistols or Prohibited Firearms call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge.

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 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 the firearm was in your possession, the firearm was either unlicensed or a prohibited firearm or pistol. If the prosecution fail to prove these elements then you will be found not guilty.