Weapons Offences

Weapons

An offence under section 5 of the Control of Weapons Act 1990 in relation to Prohibited Weapons is a serious matter. This section encompasses various charges related to the manufacture, sale, purchase, and possession of prohibited weapons. If you are facing charges under this section, there are potential defences you can explore. It’s important to assess whether the prosecution can prove all elements of the offence, whether the weapon falls under the definition of a prohibited weapon according to Schedule 3 of the Control of Weapons Regulations 2011, and whether you believed the weapon was exempt under sections 8B and 8C of the Control of Weapons Act 1990.

Here is a breakdown of the various charges under section 5:

• s5(1): It’s prohibited to bring, cause to be brought, manufacture, or display/advertise for sale a prohibited weapon without an exemption under section 8B or an approval under section 8C. Maximum penalty: 240 penalty units or imprisonment for 2 years.
• s5(1AA): Selling a prohibited weapon to a person (other than a child) without an exemption under section 8B or an approval under section 8C. Maximum penalty: 240 penalty units or imprisonment for 2 years.
• s5(1AB): Purchasing a prohibited weapon (for someone other than a child) without an exemption under section 8B or an approval under section 8C. Maximum penalty: 240 penalty units or imprisonment for 2 years.
• s5(1AC): Selling a prohibited weapon to a child. Maximum penalty: 240 penalty units or imprisonment for 2 years.
• s5(1AD): A child purchasing a prohibited weapon. Penalty: 25 penalty units.
• s5(1A): Possessing, carrying, or using a prohibited weapon in licensed premises or in the vicinity of licensed premises without an exemption under section 8B or an approval under section 8C. Maximum penalty: 480 penalty units or 4 years imprisonment.
• s5(2): Selling a prohibited weapon to a purchaser without reasonable belief that the purchaser has an exemption under section 8B or an approval under section 8C. Maximum penalty: 240 penalty units or imprisonment for 2 years.

There are different penalties associated with each subsection, and these offences can be heard in the Magistrates’ Court or potentially the County Court for more serious matters.

Given the complexity and potential severity of these charges, it’s crucial to seek expert legal advice if you’re facing a prohibited weapons charge. Tony Hannebery Lawyers can provide you with the necessary guidance and representation to navigate your case and prepare a strong defence.

Firearm Categories:

The Firearms Act 1996 (Vic) classifies firearms into different categories, and penalties for offences can vary based on these categories. There are five categories of longarms and two categories of handguns, each carrying different implications for penalties. Generally, higher-category firearms tend to result in more severe penalties.

Longarm Categories:

• Category A Longarm: Includes airguns, rimfire rifles (except semi-automatic ones), shotguns (except specific types), and combinations of shotguns and rimfire rifles.
• Category B Longarm: Encompasses muzzleloading firearms, centerfire rifles (excluding automatic or semi-automatic ones), combinations of shotguns and centerfire rifles, and certain other firearms.
• Category C Longarm: Involves semi-automatic rimfire rifles, semi-automatic shotguns, pump-action shotguns, and other specified firearms.
• Category D Longarm: Encompasses various semi-automatic and lever-action firearms with different capacities, as well as firearms declared Category D by the Chief Commissioner.
• Category E Longarm: Includes machine guns, certain firearms with specific dimensions, and firearms declared Category E by the Chief Commissioner.

Handgun Categories:

• General Category Handgun: Refers to handguns that are not Category E handguns.
• Category E Handgun: Encompasses machine guns and firearms declared Category E by the Chief Commissioner.

It’s essential to consult experienced legal professionals in firearm cases due to the complexities and implications involved.