Using a Firearm in a Dangerous Manner
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Prohibited Person Possessing Firearms
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Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
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Possessing, carrying or using an unregistered handgun
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Possession of a Traffickable Quantity of Unregistered Firearms
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Using a firearm to resist arrest
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Immediate Cancellation of a Licence
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Cancellation of a Licence Held by a Non-Resident
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Suspension of a Licence and Notice of Proposal to Cancel
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Suspension of a Firearms Licence for Certain Prohibited Persons
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Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
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Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
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Storage of Firearms under Longarm and Handgun Licences
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Permit to Store Handguns
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Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
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Storage of firearms under dealer licences
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Possession of Cartridge Ammunition
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Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
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Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
Using a firearm in a dangerous manner is a serious criminal offense outlined under Section 129 of the Firearms Act 1996 (FA). This offense carries significant legal consequences and is taken very seriously by law enforcement and the judiciary.
Examples of Using a Firearm in a Dangerous Manner
- Example 1: A person aggressively swinging a fully loaded firearm in close proximity to a large group of people, posing a direct risk of injury.
- Example 2: A person shooting at a practice board in a paddock situated dangerously close to a running track where runners are present, along with a herd of sheep, which could result in unintended harm.
Police Interview
If law enforcement suspects you of using a firearm in a dangerous manner, you will be taken to a police station for questioning. It is crucial to contact a lawyer before participating in the interview. A lawyer can provide legal advice and a clear strategy to navigate the interrogation, helping you avoid common pitfalls that could jeopardise your defence.
- Interview Process: The police will record the interview and ask a series of questions about the circumstances surrounding your possession, carrying, or use of the firearm. They aim to gather evidence and obtain admissions that could strengthen their case against you.
- Your Rights: You are not obligated to cooperate with the police, but it is often in your best interest to do so, especially with legal representation present.
What the prosecution must prove:
To determine whether you have used a firearm in a dangerous manner, the prosecution must establish several key elements of the offense:
- Possession of a Firearm
- Definition: The term ‘possessed’ is not explicitly defined in the FA. Therefore, its common law meaning applies, which entails effective physical control with the intent to possess.
- Conduct Element: The firearm must be in your physical control, such as in your possession or manually within your custody (e.g., in your bedroom). Carrying the firearm is not a necessary condition.
- Mental Element: The prosecution must prove that you intended to possess the firearm. This can be demonstrated by evidence showing your awareness of the firearm and its nature.
- Use of the Firearm in a Dangerous Manner
- Previous Behaviour: Evidence of prior similar conduct can impact the outcome of the court proceedings and your credibility.
Where will my case be heard?
- Summary Handling: Generally, for first-time offenders, these matters are dealt with summarily in the Magistrates Court of Victoria.
- Serious Offenses: For subsequent offenses or if aggravating factors are present, cases may escalate to the County Court of Victoria. Aggravating factors include the firearm’s use in connection with threats, robberies, or injuries.
Penalties for using a firearm dangerously:
Potential Penalties:
- Confiscation: The firearm may be confiscated.
- Imprisonment: A maximum term of up to 2 years may be imposed.
- Financial Penalties: A fine may be levied, with a maximum of 120 penalty units.
Questions to consider for Your Defence:
To assess your chances of success in court, consider the following questions:
- Have the particulars of the charge been clearly communicated to you?
- Does the prosecution have a robust case that proves all elements of the offense?
- Did you genuinely believe that your use of the firearm was safe?
- Should you plead guilty or not guilty? What are the implications of each choice?
- Have you faced similar charges before?
- What strategies can minimise your penalty?
- Is there a lawful reason or defence for your actions?
Possible Defences to consider:
If you plan to plead not guilty, several defences may be applicable depending on the circumstances of your case:
- Insufficient Evidence: The prosecution fails to prove all necessary elements of the offense.
- Not Using a Firearm: You did not use a firearm at all.
- Dangerous Use Not Established: You can demonstrate that the firearm was not used in a dangerous manner.
- Mistaken Identity: Another individual was responsible for the dangerous use of the firearm.
- Honest Mistake of Fact: You had a reasonable misunderstanding of the situation.
- Necessity or Duress: You were compelled to act in a specific way due to immediate threat or pressure.
- Self-Defence: You reasonably believed you needed to use the firearm to protect yourself, and your response was proportionate to the threat.
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Prohibited Person Possessing Firearms
-
Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
-
A non - prohibited person possessing, carrying, or using an unregistered longarm
-
Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
-
Possessing, carrying or using an unregistered handgun
-
Possession of a Traffickable Quantity of Unregistered Firearms
-
Using a firearm to resist arrest
-
Immediate Cancellation of a Licence
-
Cancellation of a Licence Held by a Non-Resident
-
Suspension of a Licence and Notice of Proposal to Cancel
-
Suspension of a Firearms Licence for Certain Prohibited Persons
-
Power of the Chief Commissioner to Cancel Licence
-
Restrictions on an Application for a Licence Following Cancellation
-
Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
-
Storage of Firearms under Longarm and Handgun Licences
-
Permit to Store Handguns
-
Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
-
Storage of firearms under dealer licences
-
Possession of Cartridge Ammunition
-
Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
-
Using a Firearm in a Dangerous Manner
-
Offence of being an Unlicensed Person having Stored in an Insecure Manner
-
Application to be Deemed not a Prohibited Person
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What happens next?
Defending a charge of using a firearm in a dangerous manner requires a thorough understanding of the legal framework, potential penalties, and available defences. Each case is unique, and working with experienced criminal defence lawyers can significantly enhance your chances of a favourable outcome.
Contact Information
For free legal advice and support, contact our experienced team of criminal defence lawyers at 1800 130 120 or visit marcus.mklawfirm.com.au. Our lawyers are dedicated to ensuring that you fully understand your rights and options, guiding you through the legal process with expertise.
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