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s121A Permit to Store Handguns

Have you been charged with an offence relating to a Permit to Store Handguns?

You may be able to contest such a charge with a number of defences. Can the prosecution establish all the necessary elements of the offence? Were the conditions of the storage clearly communicated by the Chief Commissioner? Did you comply with the permit’s conditions?

With the assistance of an experienced criminal lawyer you may be able to achieve a satisfactory outcome in relation to a charge against a permit to store handguns.

See below for more information on this charge.

The offence

Section 121A of the Firearms Act 1996.

The prosecution must prove:

  1. That the special storage arrangement granted by the permit was in operation; and

  2. That the defendant failed to comply with the requirements of the permit.

The maximum penalty

The maximum penalty is 60 penalty units.

Where will my case be heard?

A charge against the permit to store handguns will most likely be heard in the Magistrates’ Court.

What to do next?

If you have been charged with this offence, you should contact an expert criminal lawyer immediately, so they can assist you by submitting any potential defences on your behalf.

The legislation

Section 121A Permit to store handguns

(1) The Chief Commissioner may grant a permit to a person who is the holder of a general category handgun licence or a dealer’s licence to store, at the premises specified in the permit, the handguns that are—

(a) specified in the permit; and

(b) possessed by another holder of a general category handgun licence who is unable to comply with the condition of the licence set out in section 16(3) and (4) or the condition set out in section 16(5) and (6) because the holder—

(i) proposes to be absent from the State for a substantial period of time; or

(ii) is temporarily physically incapacitated.

(2) The Chief Commissioner must not grant a permit under this section—

(a) if the applicant is a prohibited person; or

(b) unless the Chief Commissioner is satisfied that the applicant is a fit and proper person to hold such a permit; or

(c) unless the Chief Commissioner is satisfied that the licence holder under whose licence the handguns are possessed, carried or used is unable to comply with the condition of the licence set out in section 16(3) and (4) or the condition set out in section 16(5) and (6) because the holder—

(i) proposes to be absent from the State for a substantial period of time; or

(ii) is temporarily physically incapacitated.

(2A) An applicant is presumed not to be a fit and proper person for the purposes of subsection (2)(b) if he or she is a declared organisation member.

(2B) A presumption under subsection (2A) may be rebutted

(3) A permit under this section remains in force for the period specified in the permit, but in no case, for more than 12 months.

(4) The Chief Commissioner may impose any conditions on the permit that the Chief Commissioner thinks fit.

(5) The holder of a permit under this section does not commit an offence under this Part or under section 7 when acting under and in accordance with the permit.

(6) The licence holder under whose licence the handguns are possessed, carried or used does not commit an offence under this Part or under section 7 or 36 when the handguns are stored under and in accordance with the permit.

(7) An application for a permit must be in the form approved by the Chief Commissioner.

(8) The applicant must pay the prescribed fee for such a permit.

(9) The holder of the permit must comply with the permit.

Penalty: 60 penalty units.

Firearm Offences

Firearms Act 1996

Prohibited Person

s5 Offence for Prohibited Person to Possess, Carry or Use Firearm

s6 Offence for Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence

s6A Offence to Possess, Carry or Use an Unregistered Longarm

s7 Offence for Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence

s7B Offence to Possess, Carry or Use an Unregistered Handgun

s7C Possession of a Traffickable Quantity of Unregistered Firearms

s29 Using a Firearm to Resist Arrest

s46 Immediate Cancellation of a Licence

s46A Cancellation of a Licence Held by Non-Resident

s47 Suspension of a Licence and Notice of Proposal to Cancel

s47A Suspension of Licence – Certain Prohibited Persons

s49 Power of the Chief Commissioner to Cancel Licence under this Part

s49A Restrictions on Application for Licence Following Cancellation

s51 Notice of Chief Commissioner’s Decision and s52 Coming into Effect of Cancellation

s121 Storage of Firearms under Longarm and Handgun Licences

s121A Permit to Store Handguns

s122 Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences

s123 Storage of Firearms under Dealer Licences

s124 Possession of Cartridge Ammunition

s126 Safekeeping of Firearms and Ammunition While Being Carried or Used

s129 Offence to Use a Firearm in a Dangerous Manner

s129A Offence for Unlicensed Person to Store in an Insecure Manner

s189 Application to be Deemed not a Prohibited Person

Case Studies

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

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7/2 Nelson St
Ringwood VIC 3134

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9/7 Bridge Street
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