Have you been charged with an offence for possessing cartridge ammunition?
If so, you potentially may have a defence.
Can the prosecution establish all elements of the offence? Did you mistakenly believe the type of cartridge in your possession was permitted under you licence? Were you the holder of another licence that allows you to possess cartridges?
You should consider these questions with the aid of an expert criminal lawyer. You may be able to lodge a successful defence to your charge and avoid any penalties.
For more information on the charge, please continue reading.
The offence
Section 124 of the Firearms Act 1996.
The prosecution must prove:
That the defendant had in their possession a cartridge; and
That the cartridge was of a different type to those permitted under the defendant’s licence.
The maximum penalty
The penalties vary depending on the charge, with the maximum being 40 penalty units for possessing cartridges without a licence.
Possession of a cartridge different to that permitted under a licence carries a maximum of 10 penalty units.
Where will my case be heard?
A charge of possessing cartridge ammunition will be heard in the Magistrates’ Court.
What to do next?
If you have been charged with possessing cartridge ammunition you should contact an expert criminal lawyer immediately to allow them time to prepare the best possible defence on your behalf.
The legislation
Section 124 Possession of cartridge ammunition
(1) A person must not possess cartridge ammunition unless that person—
(a) is the holder of a licence under this Act or a permit under section 58A; or
(b) is the holder of a licence to keep explosives for sale and to sell explosives issued under the Dangerous Goods Act 1985; or
(c) is not required to have a licence under this Act in order to possess a firearm.
Penalty: 40 penalty units.
(2) The holder of a licence under this Act (other than a firearms ammunition collectors licence), must not possess cartridge ammunition which is not suitable for use in the category of firearms that that person is authorised to possess, carry or use under the licence.
Penalty: 10 penalty units.
(3) A person who is not required to have a licence under this Act in order to possess, carry or use a firearm must not possess cartridge ammunition which is not suitable for use in the category of firearms that that person may possess, carry or use without having to obtain a licence.
Penalty: 10 penalty units.
