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s121 Storage of Firearms under Longarm and Handgun Licences

Have you been charged with an offence relating to the storage of firearms under longarm and handgun licences?

There may be defences available to you that you are unaware of. You will need to engage an experienced criminal lawyer to defend you against a charge of incorrect storage of firearms.

Some questions you should consider are: Can the prosecution establish all elements of the offence? What category of firearm does the offence relate to? Was the longarm or handgun in use at the time of the charge? Was your storage facility secure in accordance with the guidelines established by the Chief Commissioner?

For more information on the charge please read below.

The offence

Section 121 of the Firearms Act 1996.

The prosecution must prove:

  1. that the firearm/ammunition was not being carried or used; and

  2. that the firearm ammunition was not being stored in a manner required by legislation or the Chief Commissioner.

The maximum penalty

For a category A or B longarm or its ammunition the maximum penalty is 60 penalty units or 12 months imprisonment.

For a general category handgun, category C or D longarm or its ammunition 120 penalty units or 2 years imprisonment.

For a category E handgun or category E longarm, or its ammunition 240 penalty units or 4 years imprisonment.

Where will my case be heard?

A charge against the storage of firearms under longarm or hand gun licences will most likely be heard in the Magistrates Court.

What to do next?

The potential penalty for an offence against the storage of firearms under longarm or hand gun licences is up to 4 years imprisonment, so you are advised to contact an experienced criminal lawyer immediately.

Expert advice and representation is the best way to maximise the chance of a favourable outcome in your matter.

The legislation

121 Storage of firearms under longarm and handgun licences

(1) A person who possesses a firearm under a longarm licence for a category A or B longarm must store that firearm, when the firearm is not being carried or used—

(a) in the manner provided for in item 1 of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 60 penalty units or 12 months imprisonment.

(1A) A person who possesses cartridge ammunition under a longarm licence for a category A or B longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used—

(a) in the manner provided for in item 1 of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 60 penalty units or 12 months imprisonment.

(1B) A person who possesses a paintball marker under a paintball marker licence must store that paintball marker, when is it not being carried or used—

(a) in the manner provided for in item 1A of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 60 penalty units or 12 months imprisonment.

(2) A person who possesses a firearm under a handgun licence for a general category handgun or a longarm licence for a category C or D longarm must store that firearm, when the firearm is not being carried or used—

(a) in the manner provided for in item 2 of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 120 penalty units or 2 years imprisonment.

(2A) A person who possesses cartridge ammunition under a handgun licence for a general category handgun or a longarm licence for a category C or D longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used—

(a) in the manner provided for in item 2 of Schedule 4; or

(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.

Penalty: 120 penalty units or 2 years imprisonment.

(3) A person who possesses a firearm under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that firearm, when the firearm is not being carried or used, in the manner provided for by the Chief Commissioner in the licence.

Penalty: 240 penalty units or 4 years imprisonment.

(3A) A person who possesses cartridge ammunition under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used in the manner provided for by the Chief Commissioner in the licence.

Penalty: 240 penalty units or 4 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

Firearms

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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

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Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

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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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