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

Have you been charged with Offence for Prohibited Person to Possess, Carry or Use Firearm?

If you’ve been charged with this offence, see an experienced criminal lawyer. There are some defences you may be able to rely on should your matter proceed to court.

Can the prosecution make out their case? Are you indeed a prohibited person as described by section 3 of the Firearms Act 1996? Were you in possession of, carrying or using the firearm?

It is a serious offence to possess, carry or use a firearm as a prohibited person, and you may face a long prison sentence if you are convicted. Discuss your options with your lawyer before facing a Court.

Please read below for more information in relation to this charge.

The offence

Section 5 of the Firearms Act 1996.

The prosecution must prove:

  1. The defendant was a prohibited person under the Firearms Act;

  1. The defendant was in possession, carrying or using the firearm; or

  1. The defendant was in possession of, or carrying or using a silencer or similar prescribed item.

The maximum penalty

10 years imprisonment or 1200 penalty units for the possession, carrying or use of a firearm, or 8 years imprisonment or 480 penalty units for possession, carrying or use of a silencer or other prescribed item.

Where will my case be heard?

Offence for Prohibited Person to Possess, Carry or Use Firearm cases are generally dealt with in the Magistrates’ Court.

However, depending on the circumstances of the charge, and any other aggravating circumstances such as use in the vicinity of other people, for threats, robberies etc. the matter may proceed to the County Court.

What to do next?

Offence for Prohibited Person to Possess, Carry or Use Firearm is a serious charge and can mean a long prison sentence if you are convicted. Contact an expert in criminal law to help you prepare for your matter as soon as possible.

The legislation

S5 Offence for Prohibited Person to Possess, Carry or Use Firearm

(1) A prohibited person must not possess, carry or use a firearm.

Penalty: 1200 penalty units or 10 years imprisonment.

(2) A prohibited person must not possess, carry or use—

(a) a silencer; or

(b) any other prescribed item.

Penalty: 480 penalty units or 8 years imprisonment.

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
Eureka House
11 Lydiard Street South
Ballarat VIC, 3350

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

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

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Level 1, 441 South Rd
Moorabbin, Vic, 3189

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

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StartNorth at Townhall
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Broadmeadows VIC 3047

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