WEAPONS OFFENCES

Common weapons offences include charges under the Control of Weapons Act such as possession, use, or carrying:

• An imitation firearm

• A prohibited weapon

• A controlled weapon

• Dangerous articles

Common offences under the Firearms Act include:

• Being a prohibited person and possessing, carrying or using a firearm

• Being a non-prohibited person and possessing, carrying or using a longarm or handgun without a licence

• Possess, carry or use an unregistered longarm or handgun

• Possess cartridge ammunition without a licence

• Keeping firearms or cartridge ammunition in an insecure manner

• Possession of a firearm without a serial number

• Owning a firearm without a licence

Some examples of prohibited weapons under the Control of Weapons Act include:
• Blow gun and dart designed to be projected from a blow-gun or similar device

• Butterfly knife

• Capsicum spray

• Catapult

• Crossbows

• Dagger

• Double-end knife

• Extendable baton

• Flick knife

• Hunting sling or slingshot

• Imitation firearm

• Knife with retractable blade

• Knuckle-duster, Weighted glove or Studded glove

• Knuckle knife

• Laser pointer

• Non-metal/ceramic knife

• Nunchakus

• Swords

• Tasers

• Throwing blade (a knife or axe of any material that is designed or modified to be thrown).

• Throwing star

• Various other martial arts style weapons

• Whip with metal lashes

Examples of controlled weapons under the Control of Weapons Act include:

• Spear-gun

• Baton or Cudgel

• Bayonet

• Cattle prod

 

It is also an offence under the Control of Weapons Act to possess or carry a dangerous article without lawful excuse. A dangerous article includes an item which has either been modified to render it capable of being used as a weapon, or an item which is carried with the intention of being used as a weapon – this can include for example, keeping a baseball bat in the car for self-defence.

If the police want to speak to you about a weapons offence or you have been charged and are due to appear in Court for a weapons offence, contact Ondrik Larsen Lawyers for advice on how best to deal with your matter. We will thoroughly examine all possible defences in your case, and investigate issues of identification, and forensic evidence including fingerprint or DNA evidence, with the goal of maximising your chances for the best possible result.

If you have been spoken to by police about a weapons related offence, or have been charged with a weapons related offence, you should contact our criminal lawyers as soon as possible, and click here for information on what to do next.

*IMPORTANT INFORMATION*

It is crucial that you obtain the right legal advice before participating in a police record of interview.  What you say in that interview may see you convicted of an weapons offence that you otherwise may not be, simply because you are confused, scared, and do not understand your legal rights.  For more information about participating in a police record of interview click here.

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