Canberra & the ACT · Weapons offences
Firearms charges in the ACT.
Firearms offences in the ACT sit in the Firearms Act 1996, and the penalty climbs with the type of firearm and the number involved. Possession of a prohibited firearm is a serious matter. The licence position, possession, and the lawfulness of the search are the issues.
- Prohibited firearmUp to 20 yearss 42, by number
- Other firearmUp to 20 yearss 43, by number
- CourtSupreme / MagistratesBy seriousness
- Key issuePossession & licenceAnd the search
The ACT offences.
The offences turn on possessing or using a firearm without the licence or permit the law requires. The type of firearm, whether it is a prohibited firearm, and the number involved set the penalty. Possession requires knowledge and control.
Penalties and where the matter is heard.
Firearms offences are indictable. The serious matters are tried in the ACT Supreme Court, and the lower tiers can be dealt with in the Magistrates Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the type and number of firearms, and any connection to other offending, bear on the outcome.
Defences and issues that matter.
Possession.
Possession requires knowledge and control of the firearm. Where the firearm was not the accused's, or they did not know it was there, possession may not be established.
Authority and licence.
The offences are about unauthorised possession. Where a licence or permit covered the firearm, or an exemption applied, the offence may not be made out.
The search.
How the firearm was found matters. An unlawful search can affect the evidence the prosecution can rely on.
How the matter is run.
A firearms brief turns on the search, the possession element, and the licence position. The work is to test the legality of the search, whether possession is really established, and whether an authority applied, and to place the matter in the right tier. The serious matters are prepared for trial in the Supreme Court.
Frequently asked.
What is the penalty for firearms possession in the ACT?
It depends on the type and number. For a prohibited firearm under s 42 of the Firearms Act 1996 (ACT), the maximum runs from 10 years for one or two up to 20 years for ten or more. For other firearms under s 43, from 5 years up to 20 years.
What is a prohibited firearm?
A category of firearm defined in the Firearms Act 1996 (ACT) that attracts the highest penalties. Possessing one without authority is charged under s 42, which carries higher maximums than s 43.
Is an unlawful search a defence to a firearms charge?
It can affect the case. How a firearm was found matters, and an unlawful search can affect what the prosecution is able to rely on. It is one of the first things examined.
Where is a firearms charge heard in the ACT?
The serious matters are tried in the ACT Supreme Court. The lower tiers can be dealt with in the Magistrates Court.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019