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s126 Safekeeping of Firearms and Ammunition While Being Carried or Used

Have you been charged with an Offence Against the Safekeeping of Firearms and Ammunition While Being Carried or Used?

You may be able to contest such a charge with a number of defences. Can the prosecution prove all elements of the offence? Did did you believe yourself to have taken reasonable steps to protect your longarm, handgun or ammunition?

You should contact an experienced lawyer to represent you and to prepare the best possible defence to your charge.

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

The offence

Section 126 of the Firearms Act 1996.

The prosecution must prove:

  1. That the defendant possessed a longarm, handgun or ammunition; and

  2. That the defendant failed to ensure that the firearm was carried, used or kept in a secure and safe manner.

The maximum penalty

The maximum penalty for failing to keep a category E longarm/handgun is 240 penalty units or 4 years imprisonment.

For failing to keep cartridge ammunition in a safe or secure manner the maximum penalty is 60 penalty units or 12 months imprisonment.

Where will my case be heard?

A hearing for a charge against the safekeeping of firearms and ammunition while being carried or used will typically 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 to act on your behalf immediately. Should the matter proceed to court it is crucial that your lawyer has had adequate time to prepare

Call us and speak to one of our specialist criminal lawyers today.

The legislation

Section 126 Safekeeping of firearms and cartridge ammunition while being carried or used

(1) A person who is carrying or using a category A or B longarm must—

(a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and

(b) must take reasonable precautions to ensure that the firearm is not lost or stolen.

Penalty: 60 penalty units or 12 months imprisonment.

(2) A person who is carrying or using a category C or D longarm or a general category handgun must—

(a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and

(b) must take reasonable precautions to ensure that the firearm is not lost or stolen.

Penalty: 120 penalty units or 2 years imprisonment.

(3) A person who is carrying or using a category E longarm or a category E handgun must

(a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and

(b) must take reasonable precautions to ensure that the firearm is not lost or stolen.

Penalty: 240 penalty units or 4 years imprisonment.

(4) A person who is carrying or using cartridge ammunition must—

(a) ensure that the cartridge ammunition is carried and used in a manner that is secure and is not dangerous; and

(b) must take reasonable precautions to ensure that the cartridge ammunition is not lost or stolen.

Penalty: 60 penalty units or 12 months 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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What Our Clients Say

Russell P
Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Maria
Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
Adrian W
A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
Haley M
We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.
Sam B
Thank you for your outstanding service.... A great result for us...
Michael S
Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
…
Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...
Helen and Lingbo Yang
Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...
Ross M
Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...
Grant B
I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...

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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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