The government has restricted access to a number of firearms and other weapons. A person caught with one of these weapons will face a weapons charge. The severity of the charge depends on the category of weapon in a person possession. The penalties for possession of weapon are
- if the person lawfully possesses 10 or more weapons at least 5 of which are Category D, E, H, or R weapons-13 years imprisonment; or
- if paragraph (a) does not apply and the person unlawfully possesses 10 or more weapons-500 penalty units or 10 years imprisonment; or
- if paragraphs (a) an (b) do not apply-
- for a category D, H, or R weapon-300 penalty units or 7 years imprisonment; or
- for a category C or E weapon-200 penalty units or 4 years imprisonment.
- For a category A, B, M weapon-100 penalty units or 2 years imprisonment
Examples of the different weapons in each category include;
Category A weapons
- an air rifle;
- a blank-fire firearm
- a single or double barrel shotgun;
Category B weapons
- a muzzle-loading firearm;
- a single shot centre fire rifle;
Category C weapons
- a semiautomatic rimrifle with a magazine capacity no greater than 10 rounds;
- a semiautomatic shotgun with a magazine capacity no greater than 5 rounds
- a pump action shotgun with a magazine capacity no greater than 5 rounds.
Category D weapons
- A self loading centre fire rifle designed or adapted for military purposes or a firearm that substantially duplicates a rifle of that type in design, function or appearance;
- self loading rimfire rifle with a magazine capacity of more than 10 rounds.
Category E weapons
A bulletproof vest or protective body vest or body armour designed to prevent the penetration of small arms projectiles is a category E weapon.
Category H weapon classes
- an air pistol;
- a centre-fire pistol with a calibre of not more than .38 inches or a black powder pistol;
- a centre fire pistol with a calibre of more than .38 inch but not more than .45 inch;
- a rim fire pistol.
Category M weapons
Each of the following is a category M weapon-
- any clothing, apparel, accessory or article designed to disguise any weapon or other cutting or piercing instrument capable of causing bodily harm;
- any knife so designed or constructed so as to be used as a weapon that while the knife is held in 1 hand, the blade may be released by that hand;
- any clothing, apparel, adornment or accessory designed for use as a weapon or a cutting or piercing instrument capable of causing bodily harm;
- any pistol crossbow designed to be discharged by the use of 1 hand (that is not a toy pistol crossbow) that when discharged is capable of causing damage or injury to property or capable of causing bodily harm;
- any crossbow designed to be discharged by the use of 2 hand that, when discharged, is capable of causing damage or injury to property or capable of causing bodily harm;
- a flail or similar device constructed and designed as a weapon consisting of in part a striking head and which, if used offensively against a person, is capable of causing bodily harm;
- (k) a device known as a knuckleduster or a device made or adopted for use as a knuckleduster and which, if used offensively against a person, is capable of causing bodily harm;
- any device, not a toy, constructed or designed as a telescopic baton, the extension of which is actuated by the operation of a mechanical trigger.
Category R weapons
Each of the following is a category R weapon-
- a machine gun or submachine gun that is fully automatic
If found guilty of the offence the police will seek an order for the destruction of the weapon.
It can be very important with this charge to try and seek to have no conviction recorded as a conviction may prevent travel to some countries.
For more information or to get legal advice visit our contact us page.