Firearms and weapons charges in Victoria are prosecuted hard, and the law in this area is dense, technical and unforgiving of mistakes. Whether you are a licensed shooter who has fallen foul of storage rules, or you are facing allegations of possessing an unregistered firearm or prohibited weapon, our Melbourne firearms lawyers can protect your licence, your record and your liberty.
Charges we defend
We act in matters under the Firearms Act 1996 (Vic) and the Control of Weapons Act 1990 (Vic), including:
- Possessing an unregistered firearm or possessing a firearm without a licence.
- Prohibited person possess firearm, one of the most seriously treated firearms charges in Victoria.
- Breaches of storage and transport requirements by licensed firearm owners.
- Firearm Prohibition Order (FPO) matters, including breaches and the police search powers that come with an FPO.
- Prohibited and controlled weapons charges, including knives, batons and other articles carried without lawful excuse.
- Licence suspension, cancellation and appeal matters before Victoria Police and the courts.
Why these charges are treated so seriously
Parliament and the courts treat firearms offences as community safety matters first. Penalties escalate quickly: storage breaches may attract fines, while possession by a prohibited person and trafficking in firearms carry substantial maximum terms of imprisonment. A finding of guilt can also end a shooting licence, and with it sport, primary production work or employment in security and related industries. The collateral consequences often matter as much as the penalty, and we plan the defence around both.
Who counts as a “prohibited person”?
Many people are surprised to learn they are prohibited persons. Certain criminal history, final family violence intervention orders and other court orders can make a person prohibited from possessing firearms, sometimes for many years. If an intervention order has been made against you and you hold a firearms licence, get advice immediately, because the interaction between the two regimes is full of traps.
Defences and strategy
Depending on the brief, the issues we test include:
- Possession. Firearms found in shared homes, sheds, vehicles or rural properties raise real questions about who possessed them at law.
- Search powers. Whether the search that located the item was lawful, including searches conducted under FPO powers.
- Classification. Whether the item is in fact a firearm or prohibited weapon as defined, which is a technical question and sometimes requires expert evidence.
- Lawful excuse for carrying a controlled weapon.
- Knowledge. Whether you knew the item was present or knew of its character.
The court process
Most weapons matters are heard in the Magistrates’ Court of Victoria, with serious firearms charges proceeding to the County Court. If your licence has been suspended or cancelled, separate review processes apply, and the criminal matter and the licensing matter need to be coordinated so one does not sink the other.
Why choose McNally & Gleeson Lawyers
Firearms law rewards specialists. Our team has defended firearms and weapons charges across Melbourne and regional Victoria for more than 30 years, our principal is a Law Institute of Victoria Accredited Specialist in Criminal Law, and we are available 24 hours a day.
What to do now
- Do not answer police questions about ownership, storage or knowledge before getting advice.
- Keep copies of your licence, registration and storage documentation.
- Contact us on (03) 9670 3633 for advice specific to your situation.
Learn more about our criminal defence lawyers in Melbourne.
Common questions about firearms charges
The firearm was inherited or left on my property. Am I liable?
Possession requires knowledge and control, and unregistered firearms surface surprisingly often in deceased estates, farm sheds and purchased properties. There are lawful pathways for surrendering or registering such firearms, and the circumstances in which the item came to be there matter greatly. Get advice before speaking to police.
What is a Firearm Prohibition Order?
An FPO is an order that prohibits a person from acquiring, possessing or using firearms and related items, and it brings significant police search powers with it. Breaching an FPO is a serious offence. If you have been served with one, you need advice both about compliance and about whether review is available.
I hold a firearms licence and an intervention order was made against me. What happens?
A final family violence intervention order generally makes you a prohibited person and affects your licence for years. In some circumstances the court can be asked to vary how the order affects firearms. This must be raised at the right time, in the right proceeding, and it is frequently missed.
Are knife and weapon charges treated as seriously as firearms?
Increasingly, yes. Carrying a controlled weapon without lawful excuse is prosecuted routinely, and what counts as a lawful excuse is narrower than most people assume. Work-related carriage, for example, has limits.
How early should I get advice on a firearms matter?
Immediately, and certainly before any interview about ownership, storage or knowledge. Firearms cases are built on technical definitions and presumptions, and what is said early is difficult to unsay. If your licence matters to your work or your sport, the licensing response needs to start at the same time as the criminal defence.
