Offences, penalties, seizure, forfeiture and enforcement
The offence list
Know the recurring offences: unlawful possession of a firearm or ammunition; failing to store a firearm in the prescribed safe; failing to comply with a licence condition; failing to report loss or theft; supplying a firearm or ammunition to a person not authorised to possess it; dealing or gunsmithing without a licence; and making false statements in an application. Possession after a licence has expired is unlawful possession - a favourite examination point.
Penalties and consequences
Penalties range from fines to imprisonment, with the most serious offences attracting imprisonment of up to 15 years. Beyond sentence, a conviction can trigger revocation of licences, a declaration of unfitness and forfeiture of the firearm.
Enforcement powers
Police officials may search for, seize and take custody of firearms and ammunition, may suspend or revoke licences and issue notices, and must investigate reported losses. Courts may order forfeiture to the State; unclaimed firearms are ultimately destroyed. The Minister may declare an amnesty permitting surrender of unlawfully held firearms without prosecution for the amnesty period.
Evidential traps
In practice, once the State proves that the accused possessed a firearm or ammunition, the accused must show lawful authority - silence or a bare denial is not enough. Another trap is assuming a mistake about the law or the licence's expiry is a defence; it generally is not.
Worked example
An officer finds a shotgun in a wardrobe, unlocked, with the owner's licence card expired four months earlier. Expect charges for unlawful possession and for failing to store in the prescribed safe, seizure of the firearm, and consideration of revocation and a declaration of unfitness.