Understanding Firearm Offences in Victoria: Charges, Penalties and Legal Advice
Laws, Licences and Prohibited Persons Explained
Firearm offences in Victoria are governed by the Firearms Act 1996 (Vic), which regulates the possession, use, storage and acquisition of firearms.
It is an offence to possess, carry, use or acquire a firearm unless you hold both:
A valid firearms licence; and
A permit to acquire the firearm
Firearm offences are treated seriously by the courts and can carry significant penalties depending on the circumstances.
What Is a Firearm?
Under Victorian law, a firearm is broadly defined.
A firearm includes any device (whether assembled or in parts) capable of discharging a projectile by:
The expansion of gases from combustion
Compressed air or other gases
Mechanical means
Importantly, a device may still be considered a firearm even if it is temporarily or permanently inoperable.
How Firearm Charges Are Assessed
If you are charged with a firearm offence, the nature of the allegation will depend on several factors, including:
The classification of the firearm
Whether you hold the appropriate licence or permit
Whether you are considered a prohibited person
The circumstances of the alleged offending
Understanding these factors is critical when assessing the seriousness of the charge and the available legal options.
Summary and Indictable Firearm Offences
Firearm offences in Victoria fall into two categories:
Summary Offences
Heard in the Magistrates’ Court
Carry a maximum penalty of up to 2 years’ imprisonment
Indictable Offences
Heard in the County Court
Carry penalties exceeding 2 years’ imprisonment
The classification will depend on the nature of the conduct and the type of firearm involved.
Common Firearm Offences
Improper Storage
Firearms must be stored securely in accordance with strict legal requirements.
Victorian law requires firearms to be kept in a purpose-built storage receptacle. Failure to comply with storage requirements can result in criminal charges.
Unlawful Possession
It is an offence to possess firearms, ammunition or firearm-related items without the appropriate licence or permit.
This includes situations where:
No licence exists; or
The licence does not authorise possession of that category of firearm
Using a Firearm in a Dangerous Manner
Using a firearm in a way that endangers safety is a serious offence under Victorian law.
The court will consider the manner of use and the level of risk posed to others.
Cancellation of Firearm Licences
Firearm licences may be cancelled immediately in certain circumstances.
If your licence is cancelled, strict time limits apply for challenging that decision. In many cases, submissions must be made within 28 days.
Firearm Licences in Victoria
To lawfully possess and use a firearm, a person must:
Hold a valid firearms licence
Obtain a permit to acquire
Use the firearm only for the genuine reason specified in the licence
Types of Firearm Licences
Common licence categories include:
Longarm licences (Categories A–E)
Handgun licences
Junior licences
Provisional handgun licences
Collector and heirloom licences
Paintball marker licences
Generally:
Longarms include rifles and shotguns
Handguns are firearms shorter than 65cm
Imitation Firearms
Imitation firearms are regulated under the Control of Weapons Act 1990 (Vic).
These are items that resemble real firearms and could reasonably be mistaken for them. Possession of imitation firearms may still constitute an offence.
Prohibited Persons
Certain individuals are classified as prohibited persons, meaning they are not allowed to possess, use or acquire firearms.
A person may be considered prohibited if they:
Have been found guilty of certain criminal offences
Are subject to a final intervention order
Meet other criteria set out in the legislation
Importantly, a person does not need to be formally declared prohibited — the status applies automatically if the legal definition is met.
The period of prohibition can vary significantly, ranging from:
12 months in less serious cases; to
Up to 15 years or more in serious matters
In some circumstances, it is possible to apply to the court to have prohibited person status revoked.
Firearm Prohibition Orders
A Firearm Prohibition Order (FPO) may be issued where authorities consider a person poses a risk to public safety.
This may be based on:
Criminal history
Associations
Broader risk considerations
If an FPO is made, you may have the right to seek a review of that decision.
Challenging Licence Decisions
If your firearms licence is:
Refused
Cancelled
Not renewed
you may be able to challenge that decision.
Strict time limits apply, and early action is often critical to preserving your rights.
Why Legal Advice Is Important
Firearm laws in Victoria are complex and highly regulated.
The outcome of a firearm matter will depend on:
The specific offence
The evidence relied upon
Your personal circumstances
Compliance with licensing requirements
An experienced criminal defence lawyer can assist by:
Explaining the charges and legal framework
Assessing available defences
Advising on licence issues and review rights
Preparing material to support your position
What This Means for You
If you are facing a firearm-related allegation:
The penalties can be significant
Strict licensing rules apply
Prohibited person laws may affect your rights
Time limits for review or appeal are critical
Obtaining legal advice early can help you understand your position and ensure that any response is properly prepared.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.