Firearm/ Weapon Offences
Firearm Offences Victoria: Key Laws, Penalties & What You Need to Know

Definition: A person commits an offence if they possess cartridge ammunition without a valid licence or permit, or if the ammunition is not suitable for their authorised firearm category.

Penalty:

• Unauthorised possession: 40 penalty units
• Unsuitable ammunition (licence holder or exempt person): 10 penalty units

Firearms Act 1996 s.124

Definition: A prohibited person must not possess, carry, or use a firearm, a silencer, or any other prescribed item.

Penalty:

• Possessing, carrying, or using a firearm: 1200 penalty units or up to 10 years imprisonment.
• Possessing, carrying, or using a silencer or prescribed item: 480 penalty units or up to 8 years imprisonment.

Firearms Act 1996 s. 5

Definition: A person must store firearms and ammunition securely when not in use, according to specific storage requirements outlined in Schedule 4 or other approved methods. The level of security required depends on the category of the firearm or ammunition.

Penalty: Robbery, or assault with intent to rob, is an indictable offence and carries a maximum penalty of 15 years’ imprisonment (Level 4).

Firearms Act 1996 s.121

Definition: A person must not possess, carry, or use a loaded firearm in a public place or any other place with reckless disregard for safety. Specific exceptions apply to certain law enforcement and licensed individuals acting within their official duties.

Penalty: Possessing, carrying, or using a loaded firearm with reckless disregard: 10 years imprisonment.

Exceptions: Police officers, IBAC officers, and certain licensed individuals acting in the course of their duties may carry or use a firearm with appropriate authorisation.

Firearms Act 1996 s.130

Definition: A person carrying or using firearms or cartridge ammunition must ensure they are carried securely and safely, taking precautions to prevent loss or theft.

Penalties:

• Category A or B longarm: 60 penalty units or 12 months imprisonment
• Category C or D longarm / general category handgun: 120 penalty units or 2 years imprisonment
• Category E longarm or handgun: 240 penalty units or 4 years imprisonment
• Cartridge ammunition: 60 penalty units or 12 months imprisonment

Firearms Act 1996 s.126

Definition: A person holding a licence for an imitation firearm under Part 2, issued before the commencement of section 3(1)(c) of the Firearms and Other Acts Amendment Act 2010, may continue to use the licence until it expires, provided it is still in force. While the licence remains valid, the holder is not liable for an offence under section 5 of the Control of Weapons Act 1990 when acting in accordance with the licence.

Penalty: No penalty applies as long as the licence holder acts in accordance with the licence.

Firearms Act 1996 s.216

Definition: The offence refers to the illegal act of engaging in specific activities involving prohibited weapons without the required exemption or approval. This includes bringing, manufacturing, displaying, advertising, selling, purchasing, possessing, carrying, or using a prohibited weapon, or engaging in these actions with a child, or without confirming that the purchaser has the necessary approval. The offence also outlines exemptions for employees acting within the scope of their approved employment.

Penalty:

• 240 penalty units or 2 years imprisonment for offences related to bringing, manufacturing, displaying, advertising, selling, or purchasing a prohibited weapon (except by a child).
• 480 penalty units or 4 years imprisonment for possessing, carrying, or using a prohibited weapon on licensed premises or in public places without approval.
• 25 penalty units for a child purchasing a prohibited weapon.

Control of Weapons Act 1990 s.5

Definition: A person is deemed to possess a firearm if it is found on land they control or in a vehicle they are in charge of.

Penalty: Up to 2 years imprisonment or 120 penalty units for a longarm or up to 4 years imprisonment or 240 penalty units for a handgun.

Exceptions: This does not apply if the firearm was lawfully held by someone else, was reasonably believed to be lawfully held, or the person was unaware of its presence.

Firearms Act 1996 s. 145

Definition: It is an offence to manufacture or possess firearms, firearm parts, or firearm manufacturing equipment without a valid licence under the relevant provisions. This includes:

• Manufacturing a category A or B longarm or paintball marker without a licence.
• Manufacturing any other type of firearm without a licence.
• Possessing firearm parts for the purpose of manufacturing a category A or B longarm, paintball marker, or other firearms, without a licence.
• Possessing equipment for the purpose of manufacturing a category A or B longarm, paintball marker, or other firearms, without a licence.

Penalties: Manufacturing or possessing category A or B longarms, paintball markers, or related parts without a licence carries a maximum penalty of 600 penalty units or 5 years’ imprisonment. For all other firearms and parts, the penalty is 1200 penalty units or 10 years’ imprisonment.

Firearms Act 1996 s.59 A

Definition: A person who is not a licensed firearms dealer must not dispose of category A, B, C, D, or E longarms, paintball markers, or handguns to an unlicensed person, unless they engage a licensed firearms dealer as an agent in the transaction.

Penalties:

• Category A, B longarms or paintball markers: 120 penalty units or 2 years' imprisonment.
• Category C, D longarms: 240 penalty units or 4 years' imprisonment.
• General category handguns: 600 penalty units or 5 years' imprisonment.
• Category E longarms: 600 penalty units or 7 years' imprisonment.
• Category E handguns: 1200 penalty units or 10 years' imprisonment.

Firearms Act 1996 s.96