Whether you are an Australian resident or an individual visiting Australia, carrying a gun might lead to a punishable offence. If you have been charged guilty of a similar offence, a Criminal lawyer in Perth, WA, might be able to support you to restore your firearms.
Here we discuss all the gun laws in Australia. You would also know how you can restore the right to possess your firearms if found guilty.
Firearms Law
The Australian territory and state governments share responsibility for individuals carrying firearms in Australia.
Section 68 of the law states that any individual is guilty of a crime if he or she is armed by any dangerous or offensive weapons or similar instruments which is likely to cause fear in any other person.
However, The Australian Department of Home Affairs grants permission to import a few kinds of firearms, and similar articles under a regulatory scheme laid down in the Customs (Prohibited Imports) Regulations 1956 (the Regulations).
Carrying Firearms Or Similar Items When Stopping Over In Australia
You might be able to get your firearm or similar items transhipped if you are travelling from one country to another and passing through Australia. However, that would need you to possess an Australian export permit. The articles should remain under the supervision and control of the Australian Border Force when in Australia. You must get in touch with the Australian Border Force Or Defence Export Control Office to get the pertinent export permission. The permission will depend on the type of article being carried.
Offences Involving The Guns Law
The law concerns situations that lead to an offence and how the accused used the weapon. If the accused actions cause harm or fear in another person, he or she becomes charged for a crime. Any offence that involves firearms will put you at grave risk of being imprisoned for a long time unless the best criminal defence lawyer supports you. However, if there is no fingerprints or DNA on the firearms, the charges can be beaten.
Main Aspects Of The Offence
Terminologies that distinguish the severity of an offence are as follows:
Penalty
If you are guilty of possessing a firearm, you will get a maximum punishment of two years imprisonment. Additionally, you might also be charged with a fine of $5,500.00 in the Local Court and 14 years imprisonment in the District Court.
How Does One Beat Charges Of Possessing A Prohibited Firearm?
Possession of a firearm can include any case in which an individual has custody of the firearm or has it in another person’s custody knowingly. It also includes carrying the firearm or similar item in any place, premise, vehicle, vessel or aircraft, irrespective of not belonging to or occupied by the person.
To prove guilty of the offence of possessing a prohibited firearm, the police needs to prove that:
If the firearm or pistol is found in a communal place, and you are alleged for having exclusive possession of it, the police need to negate possession to any other person. For example, other residents of the house or apartment you live in, or a car where several different people had access. A firearms lawyer will be able to frame the case so that it goes in your favour.
Pleading Guilty To The Charges of Firearm Possession
If the police can prove that you are guilty, and even you agree that you have committed such an offence, pleading guilty is the best thing you can do. This will allow you to receive some slack on your sentence, and it will also demonstrate contrition and remorse on your part. Best criminal lawyers will help you by negotiating with prosecutors to enable you to plead guilty. This might ensure lesser charges and less serious facts.
Final Thoughts
Seeking the services of an expert firearms and weapons lawyer in Perth will ensure that you are in safe hands. You must discuss the case in vivid detail and understand the consequences fully. This sound advice from your lawyer would help you appear confident in court. A proficient lawyer would ensure that your next step is the best one in the right direction. If the severity of the crime is lesser in the eyes of the court, you might eventually restore the right to use the firearm.