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Melbourne Criminal Defence Lawyers
Defence for firearms and weapons charges across Melbourne and Victoria, including unregistered or unlicensed firearms, prohibited and controlled weapons, trafficking, storage offences, imitation firearms and dangerous articles. Lauren Tye provides urgent advice from first police contact through to bail, committal, plea or trial.
Free initial consultation. Confidential advice. Available 24/7.
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Years Criminal Defence Experience
Firearms and weapons charges in Victoria can carry serious penalties, including imprisonment for more serious offences. These matters often turn on whether possession can be proved, search warrants, forensic testing, licensing records and ammunition evidence.
Early legal advice matters. What happens at the first police interview can affect bail, negotiations, the charges laid, and the final outcome in court.
Lauren Tye is admitted in Victoria and South Australia as well as working at a leading London criminal defence firm. She personally represents clients facing firearms and weapons charges, from first contact with police or Licensing & Regulation Division investigators through to bail, committal, trial or plea negotiations.
Lauren Tye represents clients charged under the Firearms Act 1996 and the Control of Weapons Act 1990, including possession, licensing, trafficking, storage and public-place offences. Each matter requires a careful review of the search, the alleged possession and any defences available.
Defence for charges involving unregistered firearms or the possession, carrying or use of a firearm without the required licence. These matters often turn on firearm category, licensing history, search procedures and whether possession, control or knowledge can be proved.
Representation in serious matters involving prohibited firearms, restricted categories, firearm prohibition orders or allegations that a prohibited person possessed, carried or used a firearm. Each case requires close analysis of authority, classification and the evidence said to connect the person to the firearm.
Defence for serious firearms allegations involving trafficking, acquisition, disposal, multiple firearms, firearm parts or manufacture-related issues. Early advice is critical where police allege supply, commerciality, organised conduct or possession of a traffickable quantity.
Advice and representation for storage offences, ammunition charges, licence-condition breaches, permit issues and notification failures. These matters often depend on the firearm category, the storage arrangements, the licence conditions and whether the alleged breach can be proved.
Defence for charges involving items alleged to be prohibited weapons, including weapons that require an exemption or approval. These cases may involve disputes about the nature of the item, whether it falls within a prescribed category and whether lawful authority applies.
Representation for charges involving controlled weapons, knives, dangerous articles and items allegedly carried in public without lawful excuse. These matters often arise from searches, vehicle stops, licensed premises incidents or wider police investigations.
Maximum penalties under the Firearms Act 1996 (Vic), Control of Weapons Act 1990 (Vic), Crimes Act 1958 (Vic) and Dangerous Goods Act 1985 (Vic). The category of firearm or weapon, the alleged conduct and any prior offending directly affect both the maximum penalty and the court in which the matter is heard.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Firearms Act 1996 (Vic) — Prohibited Persons | |||
| Prohibited person possess, carry or use firearm | Firearms Act 1996 (Vic), s 5(1) | Up to 1,200 PU or 10 years' imprisonment | County / Magistrates' Court |
| Prohibited person possess, carry or use silencer or prescribed item | Firearms Act 1996 (Vic), s 5(2) | Up to 480 PU or 8 years' imprisonment | County / Magistrates' Court |
| Firearms Act 1996 (Vic) — Licensing | |||
| Possess/carry/use registered Cat A/B longarm without licence (non-prohibited person) | Firearms Act 1996 (Vic), s 6 | Up to 120 PU or 2 years' imprisonment | Magistrates' Court |
| Possess/carry/use registered Cat C/D/E longarm without licence (non-prohibited person) | Firearms Act 1996 (Vic), s 6 | Category-dependent | Magistrates' / County Court |
| Possess/carry/use paintball marker without licence | Firearms Act 1996 (Vic), s 6 | Up to 120 PU or 2 years' imprisonment | Magistrates' Court |
| Fail to comply with licence condition | Firearms Act 1996 (Vic), s 36 | Subsection / licence-dependent | Magistrates' Court |
| Firearms Act 1996 (Vic) — Registration | |||
| Possess/carry/use unregistered Cat A/B longarm | Firearms Act 1996 (Vic), s 6A | First/subsequent offence-dependent | Magistrates' / County Court |
| Possess/carry/use unregistered Cat C/D/E longarm | Firearms Act 1996 (Vic), s 6A | Category and prior-offence dependent | Magistrates' / County Court |
| Firearms Act 1996 (Vic) — Handguns | |||
| Possess/carry/use registered handgun without licence | Firearms Act 1996 (Vic), s 7 | Category-dependent | Magistrates' / County Court |
| Certain restricted/prohibited handgun offences | Firearms Act 1996 (Vic), s 7A | Subsection-dependent | Magistrates' / County Court |
| Possess/carry/use unregistered handgun | Firearms Act 1996 (Vic), s 7B | Category and prior-offence dependent | County / Magistrates' Court |
| Firearms Act 1996 (Vic) — Trafficking & Manufacture | |||
| Possess traffickable quantity of firearms | Firearms Act 1996 (Vic), s 7C | Serious indictable penalty | County Court |
| Acquire or dispose traffickable quantities of firearms | Firearms Act 1996 (Vic), s 101A | Serious indictable penalty | County Court |
| Provide financial accommodation for illegal firearm acquisition/disposal | Firearms Act 1996 (Vic), s 101B | Serious indictable penalty | County Court |
| Manufacture firearms or possess parts/equipment for manufacture | Firearms Act 1996 (Vic), s 59A | Serious indictable penalty | County Court |
| Possess firearm-manufacture instructions without reasonable excuse | Firearms Act 1996 (Vic), s 59B | Subsection-dependent | Magistrates' / County Court |
| Distribute firearm-manufacture instructions | Firearms Act 1996 (Vic), s 59C | Subsection-dependent | Magistrates' / County Court |
| Carry on firearms dealing business without dealer's licence | Firearms Act 1996 (Vic), s 59 | Serious / subsection-dependent | Magistrates' / County Court |
| Firearms Act 1996 (Vic) — Acquisition, Disposal & Permits | |||
| Acquire firearm without permit to acquire | Firearms Act 1996 (Vic), s 102 | Category-dependent | Magistrates' / County Court |
| Fail to comply with permit-to-acquire condition | Firearms Act 1996 (Vic), s 109 | 30 PU | Magistrates' Court |
| Acquire firearm other than through licensed dealer | Firearms Act 1996 (Vic), s 95 | Category-dependent | Magistrates' / County Court |
| Dispose firearm other than through licensed dealer | Firearms Act 1996 (Vic), s 96 | Category-dependent | Magistrates' / County Court |
| Acquire firearm from outside Victoria contrary to Act | Firearms Act 1996 (Vic), s 99 | Category-dependent | Magistrates' / County Court |
| Dispose firearm outside Victoria contrary to Act | Firearms Act 1996 (Vic), s 100 | Category-dependent | Magistrates' / County Court |
| Dealer hire or loan firearm contrary to Act | Firearms Act 1996 (Vic), ss 100A–100B | Subsection-dependent | Magistrates' Court |
| Prohibited firearm advertising | Firearms Act 1996 (Vic), s 101 | Regulatory penalty | Magistrates' Court |
| Licensed dealer send firearm/firearm part by post contrary to Act | Firearms Act 1996 (Vic), s 101C | Subsection-dependent | Magistrates' / County Court |
| Firearms Act 1996 (Vic) — Dealer Compliance | |||
| Employ prohibited person in management of firearms business | Firearms Act 1996 (Vic), s 75B | Subsection-dependent | Magistrates' / County Court |
| Fail to keep dealer register | Firearms Act 1996 (Vic), s 87 | Regulatory penalty | Magistrates' Court |
| Fail to label firearms with transaction details | Firearms Act 1996 (Vic), s 88 | Regulatory penalty | Magistrates' Court |
| Fail to comply with dealer instruction-access/storage requirements | Firearms Act 1996 (Vic), s 88A | Regulatory penalty | Magistrates' Court |
| Dealer acquire firearm contrary to Act | Firearms Act 1996 (Vic), s 93 | Category-dependent | Magistrates' / County Court |
| Dealer dispose firearm contrary to Act | Firearms Act 1996 (Vic), s 94 | Category-dependent | Magistrates' / County Court |
| Dealer fee and transfer-possession offences | Firearms Act 1996 (Vic), ss 97–98 | Regulatory / subsection-dependent | Magistrates' Court |
| Firearms Act 1996 (Vic) — Firearm Prohibition Orders (FPO) | |||
| FPO subject acquire, possess, carry or use firearm/firearm-related item | Firearms Act 1996 (Vic), s 112B | Serious / subsection-dependent | County Court |
| Dispose firearm/firearm-related item to FPO subject | Firearms Act 1996 (Vic), s 112C | Serious / subsection-dependent | County Court |
| FPO subject fail to notify change of address | Firearms Act 1996 (Vic), s 112CA | Regulatory penalty | Magistrates' Court |
| FPO subject enter/remain on prohibited premises | Firearms Act 1996 (Vic), s 112O | Subsection-dependent | Magistrates' / County Court |
| FPO subject fail to surrender firearms or related items | Firearms Act 1996 (Vic), s 112P | Subsection-dependent | Magistrates' / County Court |
| Firearms Act 1996 (Vic) — Storage & Safekeeping | |||
| Fail to comply with firearm storage requirements | Firearms Act 1996 (Vic), s 121 | Up to 240 PU or 2 years' imprisonment depending on category | Magistrates' Court |
| Collector, heirloom and ammunition storage offences | Firearms Act 1996 (Vic), s 122 | Category/subsection-dependent | Magistrates' Court |
| Dealer storage offences | Firearms Act 1996 (Vic), s 123 | Category/subsection-dependent | Magistrates' Court |
| Fail to safely keep firearm/ammunition while carried or used | Firearms Act 1996 (Vic), s 126 | Category/subsection-dependent | Magistrates' Court |
| Unlicensed person store firearm insecurely | Firearms Act 1996 (Vic), s 129A | Subsection-dependent | Magistrates' Court |
| Firearms Act 1996 (Vic) — Use, Discharge & Public Place | |||
| Possess/carry/use firearm in public or prohibited place | Firearms Act 1996 (Vic), s 130 | Subsection-dependent | Magistrates' / County Court |
| Possess/carry/use firearm on private property without consent | Firearms Act 1996 (Vic), s 131 | Summary/regulatory type | Magistrates' Court |
| Discharge firearm at premises or vehicle | Firearms Act 1996 (Vic), s 131A | Serious indictable penalty | County Court |
| Carry/use firearm in dangerous or alarming way | Firearms Act 1996 (Vic), s 132 | Subsection-dependent | Magistrates' / County Court |
| Damage property with firearm | Firearms Act 1996 (Vic), s 128 | Serious / subsection-dependent | Magistrates' / County Court |
| Use firearm dangerously | Firearms Act 1996 (Vic), s 129 | Serious / subsection-dependent | Magistrates' / County Court |
| Permit or allow another person to use firearm | Firearms Act 1996 (Vic), s 127 | Category/person-dependent | Magistrates' / County Court |
| Use firearm held under collectors licence | Firearms Act 1996 (Vic), s 127A | Subsection-dependent | Magistrates' / County Court |
| Dispose firearm to intoxicated person | Firearms Act 1996 (Vic), s 133 | Subsection-dependent | Magistrates' Court |
| Firearms Act 1996 (Vic) — Parts, Alteration & Serial Numbers | |||
| Firearm parts, silencers and prescribed-item offences | Firearms Act 1996 (Vic), s 134 | Subsection-dependent | Magistrates' / County Court |
| Alter firearm without required consent | Firearms Act 1996 (Vic), s 134A | Subsection-dependent | Magistrates' / County Court |
| Possess/carry certain firearm parts without consent | Firearms Act 1996 (Vic), s 134AB | Subsection-dependent | Magistrates' / County Court |
| Fail to notify firearm alteration | Firearms Act 1996 (Vic), s 134B | Regulatory penalty | Magistrates' Court |
| Possess firearm with no serial number | Firearms Act 1996 (Vic), s 134C | Subsection-dependent | Magistrates' / County Court |
| Firearms Act 1996 (Vic) — Ammunition | |||
| Possess cartridge ammunition without authority | Firearms Act 1996 (Vic), s 124 | Usually 60 PU or 12 months' imprisonment | Magistrates' Court |
| Dispose cartridge ammunition to unauthorised person | Firearms Act 1996 (Vic), s 125 | Usually 60 PU or 12 months' imprisonment | Magistrates' Court |
| Ammunition collector acquisition/disposal/possession/carry offences | Firearms Act 1996 (Vic), s 8 | Subsection-dependent | Magistrates' Court |
| Firearms Act 1996 (Vic) — Ownership, Minors & Records | |||
| Own firearm without licence to possess it | Firearms Act 1996 (Vic), s 135 | Category/subsection-dependent | Magistrates' / County Court |
| Dispose firearm to minor | Firearms Act 1996 (Vic), s 136 | Category/subsection-dependent | Magistrates' / County Court |
| Alter firearm-related document | Firearms Act 1996 (Vic), s 137 | Regulatory / dishonesty-type | Magistrates' Court |
| Make false entries | Firearms Act 1996 (Vic), s 138 | Regulatory / dishonesty-type | Magistrates' Court |
| Fail to notify change of certain details | Firearms Act 1996 (Vic), s 139 | Regulatory penalty | Magistrates' Court |
| Fail to notify loss, theft, destruction etc. | Firearms Act 1996 (Vic), s 140 | Regulatory penalty | Magistrates' Court |
| False or misleading statement / use of false or misleading information | Firearms Act 1996 (Vic), s 140A | Regulatory / dishonesty-type | Magistrates' Court |
| Firearms Act 1996 (Vic) — Notices & Inspections | |||
| Bringing firearm into Victoria notice offence | Firearms Act 1996 (Vic), s 115 | Regulatory penalty | Magistrates' Court |
| Removing firearm from Victoria notice offence | Firearms Act 1996 (Vic), s 116 | Regulatory penalty | Magistrates' Court |
| Firearm transaction notice offence | Firearms Act 1996 (Vic), s 118 | Regulatory penalty | Magistrates' Court |
| Fail to produce firearm for inspection | Firearms Act 1996 (Vic), s 120 | Regulatory penalty | Magistrates' Court |
| Conspire/aid offence outside Victoria | Firearms Act 1996 (Vic), s 124AA | Mirrors underlying offence | Same as underlying |
| Firearms Act 1996 (Vic) — Clubs & Approved Bodies | |||
| Approved handgun target shooting club record-keeping offence | Firearms Act 1996 (Vic), s 123B | Regulatory penalty | Magistrates' Court |
| Approved handgun target shooting club reporting offence | Firearms Act 1996 (Vic), s 123C | Regulatory penalty | Magistrates' Court |
| Approved handgun target shooting club member-requirement offence | Firearms Act 1996 (Vic), s 123D | Regulatory penalty | Magistrates' Court |
| Approved firearms collectors club offences | Firearms Act 1996 (Vic), s 123L | Regulatory penalty | Magistrates' Court |
| Approved body fail to nominate officers | Firearms Act 1996 (Vic), s 123N | Regulatory penalty | Magistrates' Court |
| Fail to comply with approval conditions | Firearms Act 1996 (Vic), s 123P | Regulatory penalty | Magistrates' Court |
| Control of Weapons Act 1990 (Vic) — Prohibited Weapons & Imitation Firearms | |||
| Prohibited weapon manufacture, sale, purchase, display or related prohibited conduct | Control of Weapons Act 1990 (Vic), s 5 | Subsection-dependent | Magistrates' / County Court |
| Possess, use or carry prohibited weapon without exemption/approval | Control of Weapons Act 1990 (Vic), s 5AA | 240 PU or 2 years' imprisonment | Magistrates' Court |
| Non-prohibited person possess, use or carry imitation firearm without exemption/approval | Control of Weapons Act 1990 (Vic), s 5AB(1) | 240 PU or 2 years' imprisonment | Magistrates' Court |
| Prohibited person possess, use or carry imitation firearm | Control of Weapons Act 1990 (Vic), s 5AB(2) | 1,200 PU or 10 years' imprisonment | County / Magistrates' Court |
| FPO subject possess, carry or use imitation firearm | Control of Weapons Act 1990 (Vic), s 5AB(3) | 1,200 PU or 10 years' imprisonment | County / Magistrates' Court |
| Fail to identify purchaser / sell without required ID / false ID | Control of Weapons Act 1990 (Vic), s 5A | Usually 60 PU; false-ID limb higher | Magistrates' Court |
| Fail to record prohibited weapon sale | Control of Weapons Act 1990 (Vic), s 5B | Regulatory penalty | Magistrates' Court |
| Control of Weapons Act 1990 (Vic) — Controlled Weapons & Dangerous Articles | |||
| Possess, carry or use controlled weapon without lawful excuse | Control of Weapons Act 1990 (Vic), s 6(1) | 120 PU or 12 months' imprisonment | Magistrates' Court |
| Child purchase controlled weapon | Control of Weapons Act 1990 (Vic), s 6(1AA) | 12 PU | Children's / Magistrates' Court |
| Sell controlled weapon knowing purchaser is child | Control of Weapons Act 1990 (Vic), s 6(1AB) | 20 PU | Magistrates' Court |
| Controlled weapon in or near licensed premises without lawful excuse | Control of Weapons Act 1990 (Vic), s 6(1A) | 240 PU or 2 years' imprisonment | Magistrates' Court |
| Fail to carry controlled weapon safely and securely | Control of Weapons Act 1990 (Vic), s 6(2) | 20 PU | Magistrates' Court |
| Possess/carry dangerous article in public place without lawful excuse | Control of Weapons Act 1990 (Vic), s 7(1) | 60 PU or 6 months' imprisonment | Magistrates' Court |
| Dangerous article in or near licensed premises without lawful excuse | Control of Weapons Act 1990 (Vic), s 7(1A) | 120 PU or 12 months' imprisonment | Magistrates' Court |
| Bring in, manufacture, sell, purchase, possess or use body armour without exemption/approval | Control of Weapons Act 1990 (Vic), s 8A | 240 PU or 2 years' imprisonment | Magistrates' Court |
| Control of Weapons Act 1990 (Vic) — Approvals & Search Powers | |||
| Breach approval condition | Control of Weapons Act 1990 (Vic), s 8E(1) | 20 PU | Magistrates' Court |
| Employee breach employer approval condition | Control of Weapons Act 1990 (Vic), s 8E(1A) | 5 PU | Magistrates' Court |
| False or misleading approval application | Control of Weapons Act 1990 (Vic), s 8E(2) | 20 PU | Magistrates' Court |
| Approval holder employ prohibited person for approval-required duties | Control of Weapons Act 1990 (Vic), s 8E(3) | 60 PU | Magistrates' Court |
| Officer liability for body corporate contravention | Control of Weapons Act 1990 (Vic), s 8EA | Same as underlying contravention | Same as underlying |
| Partner liability for partnership contravention | Control of Weapons Act 1990 (Vic), s 8EB | Same as underlying contravention | Same as underlying |
| Obstruct/hinder search or fail to comply with direction | Control of Weapons Act 1990 (Vic), s 10L | Usually 2–5 PU depending on limb | Magistrates' Court |
| Crimes Act 1958 (Vic) — Weapon & Explosive-Related Charges | |||
| The s 317 distinction matters: causing the relevant explosion is listed at 15 years, while the making/possession/control-with-intent limb is listed at 10 years. | |||
| Homicide by firearm | Crimes Act 1958 (Vic), s 5B | 25 years' imprisonment | Supreme / County Court |
| Use firearm or imitation firearm to resist arrest | Crimes Act 1958 (Vic), s 29 | 10 years' imprisonment or 1,200 PU | County / Magistrates' Court |
| Use firearm or imitation firearm in commission of indictable offence | Crimes Act 1958 (Vic), s 31A | 5 years' imprisonment, cumulative | Same as principal offence |
| Being armed with criminal intent | Crimes Act 1958 (Vic), s 31B | 5 years' imprisonment | County / Magistrates' Court |
| Discharge firearm reckless to safety of police officer or PSO | Crimes Act 1958 (Vic), s 31C | 15 years' imprisonment | County Court |
| Theft of firearm | Crimes Act 1958 (Vic), s 74AA | 15 years' imprisonment | County Court |
| Armed robbery | Crimes Act 1958 (Vic), s 75A | 25 years' imprisonment | County / Supreme Court |
| Aggravated burglary involving firearm, imitation firearm, offensive weapon, explosive or imitation explosive | Crimes Act 1958 (Vic), s 77 | 25 years' imprisonment | County / Supreme Court |
| Cause explosion likely to endanger life or cause serious injury to property | Crimes Act 1958 (Vic), s 317(2) | 15 years' imprisonment | County / Supreme Court |
| Make, possess or control explosive substance with intent to endanger life or cause serious injury to property | Crimes Act 1958 (Vic), s 317(3) | 10 years' imprisonment | County / Supreme Court |
| Dangerous Goods Act 1985 (Vic) & Explosives Regulations 2022 | |||
| Trespass, interference or unauthorised presence around explosives, magazines, vehicles or containers | Dangerous Goods Act 1985 (Vic), s 36 | Subsection-dependent | Magistrates' Court |
| Offences in relation to explosives, including causing contraventions by wilful act, neglect, default or improper refusal | Dangerous Goods Act 1985 (Vic), s 37 | Subsection-dependent | Magistrates' / County Court |
| Import, manufacture, sell, transport, store, use or otherwise deal with unauthorised explosive without Authority approval | Dangerous Goods Act 1985 (Vic), s 54(5) | Subsection-dependent | Magistrates' / County Court |
| Deal with explosive represented as authorised but not conforming to register definition | Dangerous Goods Act 1985 (Vic), s 54(6) | Subsection-dependent | Magistrates' / County Court |
| Fail to secure explosives | Dangerous Goods (Explosives) Regs 2022, reg 20 | Regulatory penalty | Magistrates' Court |
| Unlawful possession of explosives | Dangerous Goods (Explosives) Regs 2022, reg 21 | Regulatory penalty | Magistrates' Court |
| Misuse of explosives | Dangerous Goods (Explosives) Regs 2022, reg 22 | Regulatory penalty | Magistrates' Court |
| Fire, lighting, incident-reporting, theft/loss reporting and age-restriction offences | Dangerous Goods (Explosives) Regs 2022, regs 23–29 | Regulatory penalties | Magistrates' Court |
| Manufacture explosives without licence or authorisation | Dangerous Goods (Explosives) Regs 2022, reg 37 | Regulatory / licence offence | Magistrates' / County Court |
| Manufacture safety-management and site-safety offences | Dangerous Goods (Explosives) Regs 2022, regs 38–59 | Regulatory penalties | Magistrates' Court |
| Store explosives without required licence or contrary to storage duties | Dangerous Goods (Explosives) Regs 2022, regs 61–98 | Regulatory penalties | Magistrates' Court |
| Sell explosives without required licence or contrary to sale duties | Dangerous Goods (Explosives) Regs 2022, regs 99 onward | Regulatory penalties | Magistrates' Court |
| Transport, use, pyrotechnician and blasting-explosives licensing offences | Dangerous Goods (Explosives) Regs 2022 | Regulatory penalties | Magistrates' / County Court |
Firearms Act 1996 (Vic), s 5(1)
Up to 1,200 PU or 10 years' imprisonment
County / Magistrates' Court
Firearms Act 1996 (Vic), s 5(2)
Up to 480 PU or 8 years' imprisonment
County / Magistrates' Court
Firearms Act 1996 (Vic), s 6
Up to 120 PU or 2 years' imprisonment
Magistrates' Court
Firearms Act 1996 (Vic), s 6
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 6
Up to 120 PU or 2 years' imprisonment
Magistrates' Court
Firearms Act 1996 (Vic), s 36
Subsection / licence-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 6A
First/subsequent offence-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 6A
Category and prior-offence dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 7
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 7A
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 7B
Category and prior-offence dependent
County / Magistrates' Court
Firearms Act 1996 (Vic), s 7C
Serious indictable penalty
County Court
Firearms Act 1996 (Vic), s 101A
Serious indictable penalty
County Court
Firearms Act 1996 (Vic), s 101B
Serious indictable penalty
County Court
Firearms Act 1996 (Vic), s 59A
Serious indictable penalty
County Court
Firearms Act 1996 (Vic), s 59B
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 59C
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 59
Serious / subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 102
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 109
30 PU
Magistrates' Court
Firearms Act 1996 (Vic), s 95
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 96
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 99
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 100
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), ss 100A–100B
Subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 101
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 101C
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 75B
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 87
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 88
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 88A
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 93
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 94
Category-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), ss 97–98
Regulatory / subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 112B
Serious / subsection-dependent
County Court
Firearms Act 1996 (Vic), s 112C
Serious / subsection-dependent
County Court
Firearms Act 1996 (Vic), s 112CA
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 112O
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 112P
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 121
Up to 240 PU or 2 years' imprisonment depending on category
Magistrates' Court
Firearms Act 1996 (Vic), s 122
Category/subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 123
Category/subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 126
Category/subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 129A
Subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 130
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 131
Summary/regulatory type
Magistrates' Court
Firearms Act 1996 (Vic), s 131A
Serious indictable penalty
County Court
Firearms Act 1996 (Vic), s 132
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 128
Serious / subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 129
Serious / subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 127
Category/person-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 127A
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 133
Subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 134
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 134A
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 134AB
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 134B
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 134C
Subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 124
Usually 60 PU or 12 months' imprisonment
Magistrates' Court
Firearms Act 1996 (Vic), s 125
Usually 60 PU or 12 months' imprisonment
Magistrates' Court
Firearms Act 1996 (Vic), s 8
Subsection-dependent
Magistrates' Court
Firearms Act 1996 (Vic), s 135
Category/subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 136
Category/subsection-dependent
Magistrates' / County Court
Firearms Act 1996 (Vic), s 137
Regulatory / dishonesty-type
Magistrates' Court
Firearms Act 1996 (Vic), s 138
Regulatory / dishonesty-type
Magistrates' Court
Firearms Act 1996 (Vic), s 139
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 140
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 140A
Regulatory / dishonesty-type
Magistrates' Court
Firearms Act 1996 (Vic), s 115
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 116
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 118
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 120
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 124AA
Mirrors underlying offence
Same as underlying
Firearms Act 1996 (Vic), s 123B
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 123C
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 123D
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 123L
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 123N
Regulatory penalty
Magistrates' Court
Firearms Act 1996 (Vic), s 123P
Regulatory penalty
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 5
Subsection-dependent
Magistrates' / County Court
Control of Weapons Act 1990 (Vic), s 5AA
240 PU or 2 years' imprisonment
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 5AB(1)
240 PU or 2 years' imprisonment
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 5AB(2)
1,200 PU or 10 years' imprisonment
County / Magistrates' Court
Control of Weapons Act 1990 (Vic), s 5AB(3)
1,200 PU or 10 years' imprisonment
County / Magistrates' Court
Control of Weapons Act 1990 (Vic), s 5A
Usually 60 PU; false-ID limb higher
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 5B
Regulatory penalty
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 6(1)
120 PU or 12 months' imprisonment
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 6(1AA)
12 PU
Children's / Magistrates' Court
Control of Weapons Act 1990 (Vic), s 6(1AB)
20 PU
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 6(1A)
240 PU or 2 years' imprisonment
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 6(2)
20 PU
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 7(1)
60 PU or 6 months' imprisonment
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 7(1A)
120 PU or 12 months' imprisonment
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 8A
240 PU or 2 years' imprisonment
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 8E(1)
20 PU
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 8E(1A)
5 PU
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 8E(2)
20 PU
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 8E(3)
60 PU
Magistrates' Court
Control of Weapons Act 1990 (Vic), s 8EA
Same as underlying contravention
Same as underlying
Control of Weapons Act 1990 (Vic), s 8EB
Same as underlying contravention
Same as underlying
Control of Weapons Act 1990 (Vic), s 10L
Usually 2–5 PU depending on limb
Magistrates' Court
The s 317 distinction matters: causing the relevant explosion is listed at 15 years, while the making/possession/control-with-intent limb is listed at 10 years.
Crimes Act 1958 (Vic), s 5B
25 years' imprisonment
Supreme / County Court
Crimes Act 1958 (Vic), s 29
10 years' imprisonment or 1,200 PU
County / Magistrates' Court
Crimes Act 1958 (Vic), s 31A
5 years' imprisonment, cumulative
Same as principal offence
Crimes Act 1958 (Vic), s 31B
5 years' imprisonment
County / Magistrates' Court
Crimes Act 1958 (Vic), s 31C
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 74AA
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 75A
25 years' imprisonment
County / Supreme Court
Crimes Act 1958 (Vic), s 77
25 years' imprisonment
County / Supreme Court
Crimes Act 1958 (Vic), s 317(2)
15 years' imprisonment
County / Supreme Court
Crimes Act 1958 (Vic), s 317(3)
10 years' imprisonment
County / Supreme Court
Dangerous Goods Act 1985 (Vic), s 36
Subsection-dependent
Magistrates' Court
Dangerous Goods Act 1985 (Vic), s 37
Subsection-dependent
Magistrates' / County Court
Dangerous Goods Act 1985 (Vic), s 54(5)
Subsection-dependent
Magistrates' / County Court
Dangerous Goods Act 1985 (Vic), s 54(6)
Subsection-dependent
Magistrates' / County Court
Dangerous Goods (Explosives) Regs 2022, reg 20
Regulatory penalty
Magistrates' Court
Dangerous Goods (Explosives) Regs 2022, reg 21
Regulatory penalty
Magistrates' Court
Dangerous Goods (Explosives) Regs 2022, reg 22
Regulatory penalty
Magistrates' Court
Dangerous Goods (Explosives) Regs 2022, regs 23–29
Regulatory penalties
Magistrates' Court
Dangerous Goods (Explosives) Regs 2022, reg 37
Regulatory / licence offence
Magistrates' / County Court
Dangerous Goods (Explosives) Regs 2022, regs 38–59
Regulatory penalties
Magistrates' Court
Dangerous Goods (Explosives) Regs 2022, regs 61–98
Regulatory penalties
Magistrates' Court
Dangerous Goods (Explosives) Regs 2022, regs 99 onward
Regulatory penalties
Magistrates' Court
Dangerous Goods (Explosives) Regs 2022
Regulatory penalties
Magistrates' / County Court
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Criminal Code Act 1995 (Cth) — Cross-Border Firearms Trafficking | |||
| Cross-border disposal or acquisition of firearm/firearm part involving State/Territory firearm-law offence | Criminal Code Act 1995 (Cth), s 360.2(1) | 20 years' imprisonment or 5,000 PU, or both | County / Supreme Court |
| Aggravated cross-border disposal/acquisition — 50+ firearms or parts in 6 months | Criminal Code Act 1995 (Cth), s 360.2(2) | Life imprisonment or 7,500 PU, or both | Supreme Court |
| Taking or sending firearm/part across State/Territory borders intending unlawful disposal/acquisition | Criminal Code Act 1995 (Cth), s 360.3(1) | 20 years' imprisonment or 5,000 PU, or both | County / Supreme Court |
| Aggravated taking/sending — 50+ firearms or parts in 6 months | Criminal Code Act 1995 (Cth), s 360.3(1A) | Life imprisonment or 7,500 PU, or both | Supreme Court |
| Minimum penalty for Division 360 trafficking offences | Criminal Code Act 1995 (Cth), s 360.3A | Minimum 5 years, subject to exceptions/reductions | Sentencing rule |
| Criminal Code Act 1995 (Cth) — International Firearms Trafficking | |||
| Trafficking prohibited firearms or parts into Australia | Criminal Code Act 1995 (Cth), s 361.2(1) | 20 years' imprisonment or 5,000 PU, or both | County / Supreme Court |
| Aggravated import trafficking — 50+ firearms or parts in 6 months | Criminal Code Act 1995 (Cth), s 361.2(2) | Life imprisonment or 7,500 PU, or both | Supreme Court |
| Trafficking prohibited firearms or parts out of Australia | Criminal Code Act 1995 (Cth), s 361.3(1) | 20 years' imprisonment or 5,000 PU, or both | County / Supreme Court |
| Aggravated export trafficking — 50+ firearms or parts in 6 months | Criminal Code Act 1995 (Cth), s 361.3(2) | Life imprisonment or 7,500 PU, or both | Supreme Court |
| Minimum penalty for Division 361 international trafficking offences | Criminal Code Act 1995 (Cth), s 361.5 | Minimum 5 years, subject to exceptions/reductions | Sentencing rule |
| Criminal Code Act 1995 (Cth) — Explosives, Lethal Devices & Carriage Service | |||
| Use carriage service for firearms or explosives manufacture material | Criminal Code Act 1995 (Cth), s 474.45G | 5 years' imprisonment | Magistrates' / County Court |
| Possess/control firearms or explosives manufacture material obtained/accessed using carriage service | Criminal Code Act 1995 (Cth), s 474.45H | 5 years' imprisonment | Magistrates' / County Court |
| Deliver/place/discharge/detonate explosive or lethal device at public/government/transport/infrastructure target | Criminal Code Act 1995 (Cth), s 72.3 | Life imprisonment | Supreme Court |
| Traffic in unmarked plastic explosives | Criminal Code Act 1995 (Cth), s 72.12 | 10 years' imprisonment | County / Supreme Court |
| Import/export unmarked plastic explosives | Criminal Code Act 1995 (Cth), s 72.13 | 10 years' imprisonment | County / Supreme Court |
| Manufacture unmarked plastic explosives | Criminal Code Act 1995 (Cth), s 72.14 | 10 years' imprisonment | County / Supreme Court |
| Possess unmarked plastic explosives | Criminal Code Act 1995 (Cth), s 72.15 | 2 years' imprisonment | Magistrates' / County Court |
| Use, develop, acquire, stockpile, retain or transfer cluster munitions | Criminal Code Act 1995 (Cth), s 72.38(1) | 10 years' imprisonment | County / Supreme Court |
| Assist, encourage or induce cluster-munition conduct | Criminal Code Act 1995 (Cth), s 72.38(2) | 10 years' imprisonment | County / Supreme Court |
| Causing dangerous article to be carried by postal or similar service | Criminal Code Act 1995 (Cth), s 471.13 | 10 years' imprisonment | County / Supreme Court |
| Causing explosive, dangerous or harmful substance to be carried by post | Criminal Code Act 1995 (Cth), s 471.15 | 10 years' imprisonment | County / Supreme Court |
| Customs Act 1901 (Cth) & Prohibited Import/Export Regulations | |||
| Smuggling goods | Customs Act 1901 (Cth), s 233 | Penalty under s 233AB | Magistrates' / County Court |
| Import prohibited imports | Customs Act 1901 (Cth), s 233 | Penalty under s 233AB | Magistrates' / County Court |
| Export prohibited exports | Customs Act 1901 (Cth), s 233 | Penalty under s 233AB | Magistrates' / County Court |
| Unlawfully convey or possess smuggled goods, prohibited imports or prohibited exports | Customs Act 1901 (Cth), s 233 | Penalty under s 233AB | Magistrates' / County Court |
| Penalties for offences against ss 233 and 233A | Customs Act 1901 (Cth), s 233AB | Depends on goods/value/duty category | Magistrates' / County Court |
| Import tier 2 goods including specified firearms, munitions, body armour, knives/daggers, sprays/gases and related prohibited goods | Customs Act 1901 (Cth), s 233BAB(5) | 10 years' imprisonment or 2,500 PU, or both | County / Supreme Court |
| Export tier 2 goods | Customs Act 1901 (Cth), s 233BAB(6) | 10 years' imprisonment or 2,500 PU, or both | County / Supreme Court |
| False or misleading customs statements/documents | Customs Act 1901 (Cth), s 234 | Subsection-dependent | Magistrates' / County Court |
| Import firearm-related articles without required permission or contrary to import requirements | Customs (Prohibited Imports) Regs 1956 | Regulation/item-dependent | Magistrates' / County Court |
| Import parts, magazines, ammunition components, accessories or imitation firearms contrary to Schedule 6/import controls | Customs (Prohibited Imports) Regs 1956 | Regulation/item-dependent | Magistrates' / County Court |
| Export prohibited weapons, firearms, munitions or defence-related goods contrary to export controls | Customs (Prohibited Exports) Regs 1958 | Regulation/item-dependent | Magistrates' / County Court |
Criminal Code Act 1995 (Cth), s 360.2(1)
20 years' imprisonment or 5,000 PU, or both
County / Supreme Court
Criminal Code Act 1995 (Cth), s 360.2(2)
Life imprisonment or 7,500 PU, or both
Supreme Court
Criminal Code Act 1995 (Cth), s 360.3(1)
20 years' imprisonment or 5,000 PU, or both
County / Supreme Court
Criminal Code Act 1995 (Cth), s 360.3(1A)
Life imprisonment or 7,500 PU, or both
Supreme Court
Criminal Code Act 1995 (Cth), s 360.3A
Minimum 5 years, subject to exceptions/reductions
Sentencing rule
Criminal Code Act 1995 (Cth), s 361.2(1)
20 years' imprisonment or 5,000 PU, or both
County / Supreme Court
Criminal Code Act 1995 (Cth), s 361.2(2)
Life imprisonment or 7,500 PU, or both
Supreme Court
Criminal Code Act 1995 (Cth), s 361.3(1)
20 years' imprisonment or 5,000 PU, or both
County / Supreme Court
Criminal Code Act 1995 (Cth), s 361.3(2)
Life imprisonment or 7,500 PU, or both
Supreme Court
Criminal Code Act 1995 (Cth), s 361.5
Minimum 5 years, subject to exceptions/reductions
Sentencing rule
Criminal Code Act 1995 (Cth), s 474.45G
5 years' imprisonment
Magistrates' / County Court
Criminal Code Act 1995 (Cth), s 474.45H
5 years' imprisonment
Magistrates' / County Court
Criminal Code Act 1995 (Cth), s 72.3
Life imprisonment
Supreme Court
Criminal Code Act 1995 (Cth), s 72.12
10 years' imprisonment
County / Supreme Court
Criminal Code Act 1995 (Cth), s 72.13
10 years' imprisonment
County / Supreme Court
Criminal Code Act 1995 (Cth), s 72.14
10 years' imprisonment
County / Supreme Court
Criminal Code Act 1995 (Cth), s 72.15
2 years' imprisonment
Magistrates' / County Court
Criminal Code Act 1995 (Cth), s 72.38(1)
10 years' imprisonment
County / Supreme Court
Criminal Code Act 1995 (Cth), s 72.38(2)
10 years' imprisonment
County / Supreme Court
Criminal Code Act 1995 (Cth), s 471.13
10 years' imprisonment
County / Supreme Court
Criminal Code Act 1995 (Cth), s 471.15
10 years' imprisonment
County / Supreme Court
Customs Act 1901 (Cth), s 233
Penalty under s 233AB
Magistrates' / County Court
Customs Act 1901 (Cth), s 233
Penalty under s 233AB
Magistrates' / County Court
Customs Act 1901 (Cth), s 233
Penalty under s 233AB
Magistrates' / County Court
Customs Act 1901 (Cth), s 233
Penalty under s 233AB
Magistrates' / County Court
Customs Act 1901 (Cth), s 233AB
Depends on goods/value/duty category
Magistrates' / County Court
Customs Act 1901 (Cth), s 233BAB(5)
10 years' imprisonment or 2,500 PU, or both
County / Supreme Court
Customs Act 1901 (Cth), s 233BAB(6)
10 years' imprisonment or 2,500 PU, or both
County / Supreme Court
Customs Act 1901 (Cth), s 234
Subsection-dependent
Magistrates' / County Court
Customs (Prohibited Imports) Regs 1956
Regulation/item-dependent
Magistrates' / County Court
Customs (Prohibited Imports) Regs 1956
Regulation/item-dependent
Magistrates' / County Court
Customs (Prohibited Exports) Regs 1958
Regulation/item-dependent
Magistrates' / County Court
Maximum penalties are drawn from the Firearms Act 1996, Control of Weapons Act 1990, Crimes Act 1958, Dangerous Goods Act 1985 and the Dangerous Goods (Explosives) Regulations 2022 (Authorised Versions), and from the Criminal Code Act 1995 (Cth), Customs Act 1901 (Cth) and the Customs (Prohibited Imports) Regulations 1956 and Customs (Prohibited Exports) Regulations 1958. Penalties shown are maximums only. PU = Victorian penalty unit, currently valued at $203.51 (2025–26). The Commonwealth penalty unit value differs and is set under the Crimes Act 1914 (Cth). This is general information only — verify the current charge and penalty against the legislation and contact Lauren for advice on your specific matter.
How Lauren Tye has defended real clients facing firearms and weapons charges in Victorian courts.
Our client was charged with several serious firearm charges after he was seen on CCTV to return fire at masked offenders shooting at him.
Lauren Tye obtained the full brief of evidence and established with counsel a clear strategy from the outset, which included a strong defence of self-defence. The prosecution was unwilling to concede and so the matter ran to a contested hearing.
At hearing the magistrate accepted the defence submissions that the accused had been acting in self-defence and therefore was criminally excused from discharging the firearm. The magistrate further awarded costs against the prosecution who had been on notice that if they charges were not withdrawn prior they would be liable for our client’s costs.
Our client, a tradesperson, was charged with possessing a controlled weapon after a knife used for work was located in his vehicle during a police stop.
Lauren Tye prepared the matter for a contested hearing, gathering employment evidence, photographs of the work environment and witness material to establish lawful excuse.
At hearing the magistrate accepted that the knife was carried in the course of work and that lawful excuse was established. The charge was dismissed.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
If police have searched you, stopped your vehicle or found a firearm, weapon or dangerous article, get legal advice before speaking. The first few hours can affect bail, the charges laid and the strength of your defence.
Give only the identifying details you are legally required to provide. Do not answer questions about ownership, possession, knowledge or how the item came to be there.
Say: “I want to speak to my lawyer before answering any questions.”
Do not voluntarily agree to further searches, phone access, passwords or device unlocking before getting advice. If police have lawful authority, do not obstruct them.
Record what happened: where the item was found, who was present, what police said, what you said, what was seized and what you signed. Give the note only to your lawyer.
Preserve licences, registration papers, storage records, receipts and Licensing & Regulation Division correspondence. Do not delete messages or move anything connected to the case.
Firearms and weapons matters can involve search warrants, disputed possession, forensic evidence, licensing issues and serious charges.
Call Lauren Tye on 0451 877 714.
Do not post, message others or speak to media about the search, weapon or allegations. Private messages can be obtained and used in court.
Early advice matters. Firearms and weapons matters often turn on the lawfulness of the search, the issue of possession and any available defences such as lawful excuse — all of which are best addressed from the outset.
Strategic defence from first police contact through to plea or trial.
Firearms and weapons charges in Victoria can result in imprisonment, licence loss, forfeiture and ongoing prohibitions. They often turn on search warrants, seized items, forensic evidence, disputed possession and lawful excuse.
Lauren Tye represents clients charged under the Firearms Act 1996 and Control of Weapons Act 1990 in the Magistrates’ Court and County Court. She acts from the earliest stage of the investigation through to bail, committal, plea, sentence or trial.
Lauren can assist with:
Police or Licensing & Regulation Division investigators may execute a warrant, seize firearms, ammunition or weapons, request an interview or issue charges. A charge is not a conviction.
Get legal advice before answering questions, making a statement or responding to a regulator. Early answers can shape the prosecution case and affect bail, negotiations and defence strategy.
Lauren reviews the warrant, search procedure, seized items, forensic and ballistic reports, licensing records and the evidence of possession, knowledge or control.
Lauren identifies weaknesses, available defences and negotiation points. Where appropriate, she seeks withdrawal, charge reduction, summary jurisdiction or resolution without conviction.
Lauren appears in the Magistrates' Court and County Court for bail, contest mentions, committals, pleas, sentences and trials, and advises on licence, prohibition order and forfeiture consequences.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
An unregistered firearm charge relates to the firearm itself. It alleges the firearm was not registered as required under the Firearms Act 1996.
An unlicensed firearm charge relates to the person. It alleges the person did not hold the correct licence to possess, carry or use that category of firearm.
The same facts can lead to both charges. The firearm category will affect the seriousness of the allegation and the maximum penalty.
A prohibited weapon is an item declared prohibited by law, such as certain flick knives, knuckledusters and batons. Possession generally requires an exemption or approval.
A controlled weapon includes knives and similar items. Possession in a public place without lawful excuse can be an offence, and lawful excuse is often the key issue.
Most firearms and weapons charges begin in the Magistrates’ Court.
Lower-level Firearms Act charges and many Control of Weapons Act charges are usually dealt with summarily. More serious firearms matters, including prohibited firearms, traffickable quantities, trafficking allegations and serious handgun or longarm offences, may be committed to the County Court.
Bail depends on the charge, the alleged facts, the strength of the prosecution case, the person’s circumstances and the proposed bail conditions.
Serious firearms charges may involve a higher bail test. Early advice is important, especially if police oppose bail at the first court appearance.
Speak to a lawyer first. Do not answer questions about ownership, possession, knowledge or how the item came to be there without legal advice.
Yes. Being charged does not mean the charge can be proved. Knowledge, control and possession may be contested.
Unregistered relates to the firearm. Unlicensed relates to whether the person had the correct licence for that category of firearm.
A prohibited weapon is an item declared prohibited by law. Possession usually requires an exemption or approval.
A controlled weapon includes knives and similar items. The issue is often whether there was a lawful excuse for possessing or carrying it.
Lawful excuse depends on the item, location, purpose and circumstances. Work, sport, recreation or collection may be relevant.
A charge can affect your licence, storage obligations and future ability to possess firearms. Get advice before responding to police or licensing authorities.
It refers to a quantity of firearms that can lead to more serious allegations, including acquisition, disposal or trafficking-related charges.
Bail depends on the charge, evidence, personal circumstances and proposed conditions. Serious firearms matters may involve a higher bail test.
Yes, depending on the evidence. Search issues, disputed possession, classification, forensic evidence and lawful authority may all affect the prosecution case.
Yes. A conviction may affect employment, travel, professional registration, security clearances, licensing and police checks.
A Family Violence Intervention Order applies where the parties are family members, including former partners and some other family relationships. A Personal Safety Intervention Order is used where the respondent is not a family member and the alleged conduct involves things such as assault, harassment, serious threats, stalking, or property damage. Both are heard in the Magistrates’ Court, but they deal with different relationship contexts and statutory schemes.
Sometimes, but not always, and not simply because the protected person changes their mind. An undertaking may lead to the application being withdrawn if the applicant agrees. Where police are the applicant, they can apply for an order even if the person said to need protection does not want one, so whether the matter stops is not entirely in the respondent’s control.
Summary matters may resolve sooner. Serious matters involving forensic evidence, expert reports, committal or trial usually take longer.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Most firearms and weapons matters begin in the Magistrates’ Court. Summary Control of Weapons Act offences and lower-category Firearms Act matters are usually finalised summarily. Serious indictable firearms charges are committed to the County Court of Victoria.
Lauren Tye appears in the Magistrates’ Court and County Court across metropolitan Melbourne and regional Victoria, representing clients from search warrant and first interview through to bail, committal, plea, sentence and appeal.
Lauren Tye appears in the County Court and Magistrates’ Courts of Victoria for firearms and weapons matters across metropolitan Melbourne and regional Victoria.
Other practice areas: Traffic & Driving Offences·Drug Offences·Family Violence
