Can I Possess Ammunition?
If you have ammunition in your possession or are considering purchasing ammunition, it is important to understand what Victorian law allows.
Many people assume that ammunition can be lawfully possessed on its own, even without owning a firearm. In Victoria, however, ammunition is strictly regulated under the Firearms Act 1996 (Vic), and possessing ammunition without the appropriate authority can result in criminal charges.
Is It Legal to Possess Ammunition?
Generally, you may only possess ammunition if you are authorised to do so under the Firearms Act 1996 (Vic).
In most cases, this means holding a current Victorian firearms licence that authorises you to possess the type of ammunition in question. Possessing ammunition without the required authority is a criminal offence, even if you do not own or possess a firearm.
Do I Need to Own a Firearm?
Not necessarily.
The key issue is whether you are lawfully authorised to possess the ammunition. Many licensed firearm owners lawfully possess ammunition that corresponds with the firearms they are licensed to own.
However, if you do not hold the appropriate firearms licence, simply possessing ammunition may expose you to criminal liability, regardless of whether you own a firearm.
What Counts as Ammunition?
Ammunition includes much more than a complete cartridge.
Depending on the circumstances and the legislation, ammunition may include cartridges, shotgun shells and other complete rounds designed to be fired from a firearm. Certain ammunition components may also be regulated under Victorian firearms laws.
If you are unsure whether an item is classified as ammunition, it is important to obtain legal advice before possessing it.
What Happens If Police Find Ammunition?
If police locate ammunition during a search, they may seize it and investigate whether any offences have been committed.
Depending on the circumstances, police may also investigate whether firearms are present, whether they are properly stored and whether the person holding the ammunition is appropriately licensed.
If you are prohibited from possessing firearms—for example, because of an Intervention Order or another disqualifying circumstance—the discovery of ammunition may lead to further investigation and additional charges.
What Are the Penalties?
Unauthorised possession of ammunition is treated seriously by Victorian courts.
The sentence imposed will depend on a range of factors, including the quantity and type of ammunition, the circumstances in which it was found, your criminal history and whether there are any related firearms offences.
In addition to any criminal penalty, police will usually seize the ammunition and it may ultimately be forfeited.
Are There Any Defences?
Yes.
Whether a defence is available depends on the circumstances of the case.
There may be disputes about whether you knew the ammunition was present, whether you were in possession of it, whether you held the necessary authority or whether the police search was conducted lawfully.
Every case should be assessed on its own facts before deciding whether to plead guilty or contest the charge.
Why Legal Advice Is Important
Firearms legislation in Victoria is highly technical, and offences involving ammunition are often more complicated than they first appear. A careful review of the evidence and the applicable legislation is essential before making decisions about your case.
Obtaining legal advice early can help you understand your rights, identify any available defences and ensure your matter is properly prepared.
Speak to Wilkinson Lawyers
If you have been charged with unlawfully possessing ammunition in Victoria, Wilkinson Lawyers can help. We regularly represent clients facing firearms and weapons offences throughout Victoria. We can assess the prosecution evidence, explain your legal options and work towards achieving the best possible outcome in your case.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
