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s129 Offence to Use a Firearm in a Dangerous Manner

Have you been charged with the offence to use a firearm in a dangerous manner?

With the aid of an experienced firearm offence lawyer, you may be able to raise defences against this charge, and avoid potentially harsh penalties. Can the prosecution prove all elements of the defence? Do you feel the firearm was used in a safe manner?

For more information on the charge, please continue reading below.

The offence

Section 129 of the Firearms Act 1996.

The prosecution must prove:

  1. The defendant used a firearm; and

  2. The manner in which the defendant used the firearm was dangerous.

The maximum penalty

The maximum penalty for using a firearm in a dangerous manner is 120 penalty units or 2 years imprisonment.

Where will my case be heard?

A charge of using a firearm in a dangerous manner will most likely be heard in the Magistrates’ Court.

What to do next?

If you have been charged with using a firearm in a dangerous manner you should contact an experienced criminal lawyer immediately. Time is key to preparing the best possible defence should your hearing proceed to court. Contact Dribbin & Brown.

The legislation

Section 129 Offence to use a firearm in a dangerous manner

A person must not use a firearm in a dangerous manner.

Penalty: 120 penalty units or 2 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

Firearms Charges Case Study

Conduct Endangering Life

Drug Trafficking Charges Dandenong

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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

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

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

Broadmeadows – (03) 9116 9500
StartNorth at Townhall
12 Dimboola Rd
Broadmeadows VIC 3047

Werribee – 03 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2023 Dribbin & Brown

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Dribbin & Brown

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