Permit to Store Handguns
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Free Legal Advice 24/7
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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
Failing to comply with a permit to store a handgun is defined as a person holding an operational permit with special storage arrangements but not adhering to its requirements, as provided under section 121A of the Firearms Act 1999 (FA).
Key Considerations:
To determine whether you have been charged with failing to comply with a handgun storage permit, consider the following elements:
- Existence of a Permit:
- Were you granted a permit with special storage arrangements that was active?
- The Chief Commissioner of Police can issue a permit to individuals with a general category handgun or dealer licence, allowing them to store specified handguns at a designated location on their premises.
- The Chief Commissioner must ensure that no prohibited person is granted a permit unless they are deemed fit and proper.
- A “prohibited person” may include someone who is absent from Victoria for a significant period, temporarily incapacitated, or a member of certain organisations.
- Permit Conditions:
- The permit is valid only for the specified duration, not exceeding 12 months, and may include conditions imposed by the Chief Commissioner.
- Failure to Comply:
- Is there evidence showing that you failed to adhere to the permit requirements?
- Have you exhibited similar behaviour in the past, which may influence the court’s decision?
Where will this case be heard?
Offences under this section are dealt with summarily, typically through a contested hearing in the Magistrates Court of Victoria.
What are the penalties for failing to comply:
Severe penalties for failing to comply may include:
- Financial Penalties: Up to 60 penalty units.
- Conviction or Non-Conviction: A conviction results in a disclosable criminal history, while a non-conviction does not.
The Magistrate will consider various factors to determine if the conduct constituted a serious contravention, including the nature of the offence, planning involved, aggravating circumstances, and any previous offences.
Note: The Victorian Department of Treasury and Finance reviews and updates financial penalties at the end of each financial year, potentially affecting maximum penalties.
Questions and Next Steps:
To assess your chances of successfully defending your case, consider the following questions:
- Did the prosecution provide accurate particulars regarding the charges?
- Were the conditions of the storage order clearly explained to you by the Chief Commissioner?
- Does the prosecution have sufficient evidence to establish all elements of the offence?
- Did you comply with the conditions outlined in the permit?
- Should you plead guilty or not guilty in a contested hearing?
- How and when is the offence alleged to have occurred?
- Have you faced similar charges previously?
- What strategies can minimise your penalty?
- Do you have any lawful reasons that could justify your actions?
Possible Defences to consider:
If you plan to plead not guilty regarding your charge for failing to comply with the permit, consider the following potential defences based on your specific circumstances:
- The prosecution cannot prove all elements of the offence.
- Factual error: You were not the individual responsible for breaching the permit.
- Honest and reasonable mistake of fact: You genuinely believed you were complying with the permit.
- Lack of knowledge about the breach of the permit.
- Circumstances of emergency, necessity, duress, or impossibility.
- Simply refusing to read the permit’s contents is not a valid defence.
Our experienced criminal defence lawyers are prepared to help you navigate your firearms charge, ensuring you understand the implications and proceedings. We strive to avoid convictions and harsh penalties, working diligently to align the facts with your truth and actively pursuing all avenues to defend your case.
Possible Defences to consider:
If you plan to plead not guilty regarding your charge for failing to comply with the permit, consider the following potential defences based on your specific circumstances:
- The prosecution cannot prove all elements of the offence.
- Factual error: You were not the individual responsible for breaching the permit.
- Honest and reasonable mistake of fact: You genuinely believed you were complying with the permit.
- Lack of knowledge about the breach of the permit.
- Circumstances of emergency, necessity, duress, or impossibility.
- Simply refusing to read the permit’s contents is not a valid defence.
Our experienced criminal defence lawyers are prepared to help you navigate your firearms charge, ensuring you understand the implications and proceedings. We strive to avoid convictions and harsh penalties, working diligently to align the facts with your truth and actively pursuing all avenues to defend your case.
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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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A non - prohibited person possessing, carrying, or using an unregistered longarm
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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
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Application to be Deemed not a Prohibited Person
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What happens next?
Once you reach out to our legal team, we will schedule a consultation to thoroughly review your case and the circumstances surrounding your permit of your firearms licence.
Our lawyers will help you gather and analyse evidence, craft a compelling argument for your defence, and prepare your written application for review to the Committee. If necessary, we will assist you in preparing for hearings, guiding you through the process while ensuring you are informed of your rights and options at every stage.
Our commitment is to advocate for your interests and strive to achieve the best possible outcome, including the reinstatement of your firearms licence.
For immediate assistance and free legal advice, contact our experienced team of criminal defence lawyers 24/7 at 1800 130 120 or visit marcus.mklawfirm.com.au.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au