If you are in possession of an unregistered firearm then you may be charged with possession of unregistered firearm. An example of this is transferring ownership of a firearm that is not registered either by gifting the firearm or selling the firearm. Section 36 of the Firearms Act 1996 states that a person must not supply, acquire, possess or use a firearm that is not registered.

In order to be found guilty of possession of unregistered firearm the prosecution must prove beyond reasonable doubt that you:

-You possessed an unregistered firearm in a public place;

-You were not authorised under the Firearms Act 1996 to possess the 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 possession of unregistered firearm 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 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 possession of unregistered firearm carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court. The offence of Aggravated possession of an unregistered firearm carries a maximum penalty of 14 years imprisonment in the District Court.

Pleading Not Guilty

If you disagree with the possession of unregistered firearm charge, then it is best you enter a plea of not guilty. Defences that can be used are:

• • Duress- Your actions taken need to be reasonable in that your conduct was to avoid serious death or injury. This includes being threatened or coerced in to using unlawful violence against another person/s.
  • Self Defence- Where it was crucial that you use unlawful violence to protect yourself, another person or property

It is also defence to a prosecution for an offence under this section to prove that the defendant:

• did not know, or could not reasonably be expected to have known, that the firearm concerned was unregistered, and
• was not the owner of the firearm at the time of the alleged offence.
• A licensed firearms dealer does not commit an offence under Possession of Unregistered Firearm in the event they have acquired or possessed an unregistered firearm if an application for registration of the firearm is made within 24 hours after acquiring or taking possession of the firearm.
• A person who is a resident of another State or Territory does not commit an offence under this section of possessing or using an unregistered firearm if the firearm is registered under a law in force in that other State or Territory.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you had an unregistered firearm in your possession, you were not authorised to possess the firearm. If the prosecution fail to prove these elements then you will be found not guilty.

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