Firearm Offences in Victoria

Firearm Categories

Many offences under the Firearms Act 1996 (Vic) require that certain penalties be imposed in relation to different categories of firearm. There are five categories of longarms and two categories of handguns. Generally, the higher the category of firearm involved in the offence, the more severe the penalty.

The five categories of longarms in Victoria include:

Category A Longarm

• Airguns;
• A rimfire rifle (other than a semi-automatic rimfire rifle);
• A shotgun (other than a lever-action, pump-action or semi-automatic shotgun);
• Any combination of a shotgun and rimfire rifle.

Category B Longarm

• Muzzleloading firearms
• A centre fire rifle (other than an automatic or a semi-automatic centre fire rifle);
• Any combination of a shotgun and centre fire rifle;
• A black powder, ball firing cannon;
• A lever-action shotgun with a magazine capacity of no more than 5 rounds.

Category C Longarm

• A semi-automatic rimfire rifle with a magazine capacity of no more than 10 rounds;
• A semi-automatic shotgun with a magazine capacity of no more than 5 rounds;
• A pump-action shotgun with a magazine capacity of no more than 5 rounds;
• A tranquilliser gun.

Category D Longarm

• A semi-automatic rimfire rifle with a magazine capacity of more than 10 rounds;
• A semi-automatic shotgun with a magazine capacity of more than 5 rounds;
• A lever-action shotgun with a magazine capacity of more than 5 rounds;
• A pump-action shotgun with a magazine capacity of more than 5 rounds;
• A semi-automatic centre fire rifle;
• Any other firearm declared to be Category D by the Chief Commissioner.

Category E Longarm

• A machine gun that is a longarm;
• A tear gas gun or projector;
• A shotgun or rifle with a length of less than 75 centimetres measured parallel to the barrel;
• A mortar, bazooka, rocket-propelled grenade or similar large calibre military firearm designed to fire an explosive or projectile or any other similar prescribed firearm;
• A cannon which is not a black powder ball firing cannon;
• Any other firearm declared to be Category E by the Chief Commissioner.

The two categories of handguns in Victoria include:

General category handgun

• Any handgun that is not a category E handgun.

Category E handgun

• A machine gun that is a handgun;
• Any other firearm declared to be Category E by the Chief Commissioner.

Firearm Licenses

Under the Firearms Act 1996 (Vic), a person in Victoria can only possess, carry or use a firearm if they:

• Hold an appropriate license; and
• Use the firearm for the reason specified in the licence.

The licence that is required possess, carry or use a particular firearm will depend on the category of that firearm. As such, when a person applies for a firearm licence, they must stipulate whether that licence is for:

• A category A, B, C, D or E longarm;
• A general category or E category handgun;
• A paintball marker;
• A collectors firearm or ammunition;
• An antique collectors firearm;
• A heirloom firearm.

If a person wishes to undertake the business of dealing in firearms and related items, they must apply for a dealer’s licence.

Some firearm offences may only pertain to certain licence holders. For example, certain offences under the Firearms Act 1996 (Vic) only apply to people with a collector’s licence or a dealer’s licence.

Summary Firearm Offences

Summary firearm offences can carry a maximum penalty of 2 years imprisonment and are dealt with in the Magistrates Court of Victoria. The Firearms Act 1996 (Vic) notes numerous summary offences in relation to firearms.

Summary firearm offences under the Act include:

• Unlawfully or incorrectly storing firearms or ammunition (s121-123);
• Possessing cartridge ammunition without an appropriate licence (s124)
• Failing to safekeep firearms or ammunition while being carried or used (s126);
• Using a firearm in a dangerous manner (s129);
• A non-prohibited person without a licence possessing, carrying or using a longarm (s6) or a handgun (s7); and
• Possessing, carrying or using an unregistered longarm (s6A) or handgun (s7B).

The majority of summary firearm offences pertain to:

• Ammunition;
• Category A, B, C and D longarms; and
• General category handguns.

The specific penalty for each summary offence is stipulated in the relevant legislation. Some offences require that if the accused has been previously convicted in the past for the same crime, they are liable to more severe punishment.

There are many factors that the Magistrates Court must consider when determining the outcome and sentencing of a summary firearm matter. All relevant evidence and circumstances must be taken into account. Further, if the prosecution fails to prove any element beyond a reasonable doubt, the accused cannot be held criminally liable for that charge.

Indictable Firearm Offences

Indictable firearm charges are heard in the County Court and carry a maximum penalty or sentencing of more than 2 years imprisonment. However, in certain circumstances, the accused may be able to have these charges heard summarily in the Magistrates Court of Victoria.

Numerous indictable firearm charges can be found in the Firearms Act 1996 (Vic), including:

• A prohibited person possessing, carrying or using a firearm (s5);
• Possessing, carrying or using an unregistered longarm (s6A) or handgun (s7B).
• A non-prohibited person without a licence possessing, carrying or using a longarm (s6) or a handgun (s7); and
• Possession of a traffickable quantity of unregistered firearms (s7C);
• Unlawfully or incorrectly storing firearms or ammunition (s121-123);
• Failing to safekeep firearms or ammunition while being carried or used (s126);
• Unlicenced person storing a firearm in an insecure manner (s129A).

The majority of indictable firearm offences in Victoria pertain to:

• Category E longarms; and
• Category E handguns.

The specific penalty for each indictable offence is stipulated in the relevant legislation. Some offences stipulate that if the accused has been previously convicted in the past for the same crime, they are liable to more severe punishment.

There are many factors that the County Court must take into consideration when determining the outcome of an indictable firearm matter. All relevant evidence and circumstances must be taken into account. Further, if the prosecution fails to prove any element beyond a reasonable doubt, the accused cannot be held criminally liable for that charge.