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s124 Possession of Cartridge Ammunition

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:

  1. That the defendant had in their possession a cartridge; and

  2. 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.

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
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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

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Level 1, 441 South Rd
Moorabbin, Vic, 3189

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2/13 Fenwick Street
Geelong Vic 3220

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