With the increased crime, many people have taken the law into their own hands. Owning a gun might seem like an excellent option to protect you and your family, but you must be aware that people must follow strict rules if they choose to own, use or possess a gun.
You could be charged with a criminal offence if you do not follow these rules and regulations. If you have found yourself in this position, you would be wise to seek counsel from a qualified criminal defence lawyer.
What are Firearms?
A firearm can shoot an object (shot, bullet etc.). This happens when gases made in the gun expand.
There are two kinds of firearms:
- Handguns
- Longarms
A firearm remains a firearm regardless of whether it is functional or made dysfunctional permanently or for a short time.
How a Criminal Lawyer Can Help You With Firearm Law
You can only purchase or own a gun once you turn 18. Firearms must be registered, and you need a licence to own one. You must follow specific guidelines to own or carry a weapon.
Some people are not permitted to get a licence. They cannot hold, own or possess guns or other weapons. Those excluded include:
- Someone who has an intervention order;
- Someone who has served time in jail; or
- Anyone who is under a community corrections order.
If you are between 12 and 17 years old, you may get a licence from the police to use a gun for learning or sports purposes. There are a few conditions that you must follow first:
- You need written permission from your parents or guardians.
- You must be a member of a certified shooting club.
- You have to undergo a course in firearms safety.
- You need to be responsible.
If you qualify for a licence, you can only use the gun with someone over 18 who has a firearm’s licence.
Before you purchase a gun, you should contact a lawyer to ensure that you follow all the laws. Firearm law can get quite technical.
How Law-Abiding People End Up Facing Firearms Charges
Many people charged with firearms offences in Victoria are farmers, sporting shooters, hunters and collectors who have made an honest mistake or overlooked a paperwork requirement. Common situations include:
- A lapsed licence. A missed renewal notice can leave a person holding registered firearms without a valid licence.
- Storage breaches. Storage rules are strict, and an unlocked cabinet or a rifle left in a vehicle can lead to charges even when nothing else has gone wrong.
- Inherited firearms. Family members sometimes take possession of a deceased relative's guns without realising the firearms must be dealt with through the proper channels.
- Becoming a prohibited person. An unrelated court order or prior matter can quietly change your legal status, meaning firearms you once held lawfully are now held unlawfully.
In each of these situations, the person had no intention of breaking the law. Unfortunately, good intentions are not always a complete answer, which is why early legal advice matters so much.
The Authority That Police Have To Search for Weapons
Police are allowed to search your person, bag or vehicle without having a warrant if they have a good reason to believe that you are holding a weapon unlawfully.
Being around a place with violent crime could be reason enough for police to search you without a warrant.
There are specially assigned areas marked for weapon searches. If you are in this area, you can be searched. People know this is a search area because this is usually made known in the local newspaper. While police do not need a valid reason to search you in this area, they have to show you a search notice before searching you.
If you resist the police searching you and they have the required authority to do so, the police can charge you with an offence.
What Happens if Police Seize Your Firearms
If police believe an offence has been committed, or that you are no longer entitled to hold a licence, they can seize your firearms and suspend or move to cancel your licence. This can happen quickly, sometimes the same day an intervention order application is made or a charge is laid.
From there, police will review the circumstances, decide whether to lay charges, and determine what should happen to the seized firearms. How you respond in those early days can shape everything that follows. If you have been charged, it helps to understand what to do after being charged by police before you say or sign anything, because statements made early on are difficult to take back later.
Why Firearms Charges Can Affect Your Licence and Livelihood
A firearms charge is rarely just about the court outcome. A finding of guilt can affect your ability to hold a firearms licence in the future, which is a serious problem if you rely on firearms for work such as farming, pest control or security, or for sport and recreation. Some employers also treat firearms matters seriously when reviewing police checks. The goal in these cases is not only to deal with the immediate charge but to protect your record, your licence and your future wherever possible.
How a Defence Lawyer Helps With a Firearms Matter
An experienced lawyer can review whether the police followed correct procedures, test the evidence against you, and identify whether the circumstances genuinely amount to an offence. In cases involving honest mistakes, a lawyer can present the full context to the police or the court in a way that leads to a fairer result.
Because this is a specialised area of criminal law, it is worth speaking to dedicated weapons offence lawyers in Melbourne who deal with these charges regularly. Before you engage anyone, consider the five questions to ask before hiring a criminal defence lawyer so you can be confident they are the right fit.
Conclusion
So many rules and regulations come with owning and using a gun. Any slight deviation from these rules could land you on the wrong side of the law.
A criminal offence regarding illegal gun use has severe consequences and widespread repercussions. If you find yourself in this position, contact a trusted criminal defence lawyer so you can be armed with the law when deciding how to navigate your case.
