What You Must Know About Criminal Use of Firearms in Australia.

Public safety is of utmost importance across Australia, so it’s no surprise that cases involving firearms are taken seriously by the courts in the Australian Capital Territory (ACT), with heavy penalties imposed on people for offences as simple as unlawful possession of firearms.

Even today, many Australians are still unaware of the fact that possessing even only a component of a firearm (think a barrel or grip) or a firearm replica in the wrong circumstances could mean a person is facing a charge with a potential prison sentence as the penalty.

Altogether, there are over 40 separate offences a person can be charged with under the Firearms Act 1996 (ACT). These offences range from trafficking and manufacturing of weapons to discharging firearms in public spaces.

What constitutes a firearm?

Under the Firearms Act 1996, a firearm means “a gun, or other weapon, that is, or at any time was, capable of propelling a projectile by means of an explosive force, however caused.” Falling within this legal definition are paintball markers, airguns, a firearm frame, a blank fire firearm, and even a firearm receiver that is not a component of a firearm. It also involves a “modified item,” which, according to the Act, is an item that could potentially be considered a firearm if it did not have a part missing, have a defect or obstruction, or something that had not been installed in it.

In addition to the definition of a firearm, the Act also listed a 24-item schedule of items in Schedule 1 to the Act, which states what types of firearms constitute a prohibited firearm. In the list, many items that may have been acquired only for souvenir or curiosity value can still be captured by the legislation.

Penalties for possession of firearms offences

According to the Act, the maximum penalty for possessing one or two prohibited firearms is up to ten years of imprisonment. The maximum penalty is extended to 14 years imprisonment if you were caught having three or more but less than ten firearms in possession, and is extended to up to 20 years imprisonment for possessing ten or more firearms.

The maximum penalty for unauthorised possession of firearms without a licence (other than prohibited firearms) is five years imprisonment. Again, it depends on the case—imprisonment can be extended to up to seven years if you were found to have three or more but less than ten firearms. The punishment could be stretched to up to 20 years imprisonment if it was proven that you had ten or more firearms.

As previously mentioned, the severity of the matters involving the possession of firearms varies depending on the situation.

Other prohibited weapons

In addition to firearms, there are also a set of rules when it comes to other potentially lethal weapons. Under the Prohibited Weapons Act 1996, the mere possession of a types of knives and other weapons is punishable by up to five years imprisonment. The Act encompasses quite a number of prohibited items, including tasers, explosives, missiles, flick knifes, and many other weapons or articles.

In conclusion

All these things are worth being aware of if you have weapons or are intending to buy weapons.

If you have been charged with a firearm or weapons related offence, it is of paramount importance to get expert legal advice immediately as these offences are dealt with very seriously by the Canberra Courts.

We’re an Australian law firm that appears regularly in the Canberra Courts. We are leading criminal lawyers in Canberra that can help you when you are fighting the fight of your life.

We also offer high quality legal representation in civil and commercial litigation, personal injury, wills and estates, and much more.

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