Facing A Weapons Or Firearms Charge? Speak To Our Experienced Weapons Lawyers Today
Weapons offences in Victoria cover a wide range of conduct, from carrying a prohibited item in public through to trafficking and manufacturing firearms. The penalties include imprisonment, and even everyday items can constitute a weapon depending on the context.
Josh Smith Legal defends clients facing all types of weapons charges across Victoria. We review your case, identify every available avenue, and fight for the best possible outcome.
What Counts As A Weapon In Victoria?
The legal definition is deliberately broad, and catches far more than most people expect:
- Firearms, including handguns, rifles, shotguns and air rifles
- Imitation firearms
- Knives, including a kitchen knife carried in public without lawful reason
- Tasers, stun guns and prohibited weapons such as flick knives and knuckle dusters
- Swords, machetes and large bladed weapons
- Makeshift or adapted weapons, meaning objects modified to cause harm
Penalties For Weapons Offences
There is no single “weapons offence” with one penalty. Victorian law separates weapons into categories, and which category an item falls into does more to determine your exposure than anything else about the case.
Weapons offences
| Offence | Maximum penalty (Victoria) |
|---|---|
| Possessing, using or carrying a prohibited weapon | Up to 2 years imprisonment |
| Possessing a controlled weapon in a public place without lawful excuse | Penalty varies with the item and the circumstances |
| Carrying a dangerous article | Penalty varies with the item and the circumstances |
Firearms offences
| Offence | Maximum penalty (Victoria) |
|---|---|
| Possessing a firearm without a licence | Varies by firearm category and registration, up to 10 years for the most serious categories |
| Unlicensed manufacture of a firearm | 5 or 10 years depending on the firearm category |
| Firearms trafficking | Up to 10 years imprisonment |
| Armed robbery | Up to 25 years imprisonment |
Because the firearm category drives the penalty, two people charged with the same words on a charge sheet can be facing very different maximums. Working out exactly which provision applies to your matter is the first thing we do. Weapons offences sit in the Control of Weapons Act 1990, firearms offences in the Firearms Act 1996, and armed robbery in the Crimes Act 1958.
Charged Over A Weapon Or Firearm?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Defences Available
- Lawful excuse, being a genuine reason to carry the item such as trade tools, sporting or recreational equipment, or lawful collection or display
- The item does not meet the legal definition of a weapon in the circumstances
- You were not in possession, because the weapon belonged to another person
- Unlawful search, where police found the weapon during a search they had no authority to conduct
Act Quickly
The evidence gathered early in a weapons investigation, including how the search was conducted and how the item was classified, is often decisive.
Getting legal advice immediately gives your lawyer the best opportunity to examine that evidence and identify weaknesses. Call Josh Smith Legal on 03 8658 5872.
Why Choose Josh Smith Legal?
We’ve defended clients facing weapons charges from minor possession through to serious firearms offences. Here’s what sets us apart.
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Experienced Across All Weapons Charge Categories
From carrying a prohibited item in public through to serious firearms offences and armed robbery, we’ve defended clients at every level. Our 4.9-star rating comes from over 200 Google reviews.
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We Challenge How The Search Was Conducted
Many weapons charges depend entirely on evidence obtained during a police search. If that search was unlawful, the evidence may be excluded. We examine every detail of how police conducted the search and whether they had authority to do so.
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We Argue The Definition, Not Just The Facts
Whether an item is a weapon at law, and whether you had a lawful excuse for carrying it, are frequently arguable. Those arguments are often stronger than disputing what happened.
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Free Case Evaluation
Call us and we’ll explain exactly where you stand: what the charge means, what your realistic options are, and how we can help. No legal jargon. No obligation.
Was It Really A Weapon?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Charged With A Weapons Offence? Let Us Help You Get The Best Possible Outcome
Weapons charges in Victoria carry real penalties, including imprisonment, and the definition of what constitutes a weapon is broader than most people realise. The outcome depends on how well your case is handled.
We examine every detail of the evidence against you, identify the strongest available defence, and fight for the best possible result in court. Where the weapon charge sits alongside a violence allegation, see our assault lawyers.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Is it illegal to carry a knife in Victoria?
Often yes. Carrying many knives in public without a lawful excuse, approval or exemption can be an offence, though the exact offence and penalty depend on how the knife is classified and the circumstances. Lawful excuses exist, such as genuine work, sport or recreation, but they are narrowly defined.
Do I need a licence for a firearm in Victoria?
Generally yes. You need a firearms licence that covers the category of firearm and what you’re doing with it, and registration, prohibited-person and firearm prohibition order rules can also apply. If you’re facing a firearms charge we can advise on both the criminal matter and any licence implications.
Can I be charged if a weapon was found in my car but belongs to someone else?
Potentially yes. Constructive possession, where you have knowledge of and some control over the weapon, can be sufficient. However this is regularly contested, and there are strong arguments available where the weapon demonstrably belongs to another person.
What is a prohibited weapon?
Prohibited weapons include items such as flick knives, butterfly knives, knuckle dusters and throwing stars. Possessing a prohibited weapon without an approval, exemption or other lawful authority is an offence, which is what makes these charges difficult to defend on intent alone.
This page is general information about weapons and firearms law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
