Control of Weapons Act 1990 (Vic), Firearms Act 1996 (Vic) and Crimes Act 1958 (Vic). Extracted from study notes. pu = penalty units; SS = standard sentence (Sentencing Act 1991 (Vic)); FPO = Firearm Prohibition Order; PSO = protective services officer. Penalty cells reproduce both the penalty-unit and imprisonment maxima as stated in the notes.
Control of Weapons Act 1990 (Vic) — Prohibited weapons & imitation firearms¶
Section
Offence
Brief elements
Penalty / SS / SORA
s 5(1)
Bring in / manufacture / display / advertise a prohibited weapon for sale
(1) A brings into Vic, causes to be brought in, manufactures, displays or advertises for sale an item; (2) the item is a prohibited weapon; (3) no exemption or approval.
240 pu / 2 yrs
s 5(1AA)–(1AD)
Sell or purchase a prohibited weapon (multiple limbs)
(1) A sells a prohibited weapon to an adult or child, OR A (adult or child) purchases a prohibited weapon; (2) no exemption or approval.
Adult: 240 pu / 2 yrs; child purchasing: 25 pu
s 5AA
Possess, carry or use a prohibited weapon
(1) A possesses, uses or carries an item; (2) the item is a prohibited weapon (other than an imitation firearm); (3) no exemption or approval.
240 pu / 2 yrs
s 5(1A)
Prohibited weapon in / near licensed premises
(1) A is in licensed premises, or a public place in the immediate vicinity; (2) possesses, carries or uses a prohibited weapon; (3) no exemption or approval.
480 pu / 4 yrs — indictable
s 5AB
Possess, carry or use an imitation firearm
(1) A possesses, uses or carries an imitation firearm; (2) no exemption or approval (non-prohibited persons). Where A is a prohibited person / FPO subject: bare possession, use or carriage suffices.
Non-prohibited: 240 pu / 2 yrs; prohibited person or FPO subject: 1200 pu / 10 yrs
Control of Weapons Act 1990 (Vic) — Controlled weapons¶
Section
Offence
Brief elements
Penalty / SS / SORA
s 6(1)
Possess, carry or use a controlled weapon
(1) A possesses, carries or uses a controlled weapon; (2) without lawful excuse (self-defence expressly excluded as a lawful excuse).
120 pu / 1 yr
s 6(1A)
Controlled weapon in / near licensed premises
(1) A is in or in the immediate vicinity of licensed premises; (2) possesses, carries or uses a controlled weapon; (3) without lawful excuse.
240 pu / 2 yrs
Control of Weapons Act 1990 (Vic) — Dangerous articles & body armour¶
Section
Offence
Brief elements
Penalty / SS / SORA
s 7(1), (1A)
Possess or carry a dangerous article (two limbs)
(1) A is in a public place — s 7(1) — or in / near licensed premises — s 7(1A); (2) possesses or carries a dangerous article; (3) no lawful excuse.
Public place: 60 pu / 6 mths; in / near licensed premises: 120 pu / 1 yr
s 8A(1)
Control of body armour
(1) A brings, manufactures, sells, purchases, possesses or uses body armour; (2) no exemption or approval.
(1) A is a prohibited person (e.g. serving / recently served imprisonment for serious offences); (2) A possesses, carries or uses a firearm, silencer or prescribed item.
Firearm: 1200 pu / 10 yrs; silencer / prescribed item: 480 pu / 8 yrs
s 112B
Contravene a Firearm Prohibition Order (FPO)
(1) An FPO applies to A; (2) A acquires, possesses, carries or uses a firearm or firearm-related item.
10 yrs
s 112C
Dispose of a firearm / item to an FPO subject
(1) A knows an FPO applies to another person; (2) A disposes of, gives possession of, or permits that person to possess/carry/use a firearm or firearm-related item.
Non-prohibited person possess an unlicensed longarm
(1) A is a non-prohibited person; (2) possesses, carries or uses a registered longarm or paintball marker; (3) not under a valid licence.
Cat A/B & paintball: 120 pu / 2 yrs; Cat C/D & non-categorised: 240 pu / 4 yrs; Cat E: 600 pu / 7 yrs
s 6A
Possess an unregistered longarm
(1) A is a non-prohibited person; (2) possesses, carries or uses a longarm or paintball marker; (3) the item is unregistered.
1st: 120 pu / 2 yrs (Cat A/B/paintball) to 600 pu / 7 yrs (Cat E); 2nd+: 1200 pu / 10 yrs (all longarm categories)
s 7
Possess an unlicensed handgun
(1) A is a non-prohibited person; (2) possesses, carries or uses a registered handgun; (3) does not hold the appropriate licence.
General: 240 pu / 4 yrs; Cat E: 600 pu / 7 yrs
s 7B
Possess an unregistered handgun
(1) A possesses, carries or uses a handgun; (2) the handgun is unregistered.
General: 600 pu / 7 yrs (1st), 1200 pu / 10 yrs (2nd+); Cat E: 1800 pu / 14 yrs (1st), 2100 pu / 17 yrs (2nd+)
Firearms Act 1996 (Vic) — Trafficking, public place & discharge offences¶
Section
Offence
Brief elements
Penalty / SS / SORA
s 7C
Possess a traffickable quantity of firearms
(1) A possesses 2 or more firearms; (2) not in accordance with the Act.
1200 pu / 10 yrs
s 130
Loaded firearm in public, or reckless disregard (two limbs)
(1) A possesses, carries or uses a loaded firearm in a public place; OR (2) A possesses, carries or uses a firearm in any other place with reckless disregard for any person's safety.
10 yrs
s 131A
Discharge a firearm at premises or vehicle
(1) A uses a firearm to discharge a shot / missile at a vehicle, vessel, aircraft or premises; (2) with reckless disregard for any person's safety. Aggravated form: done while carrying out a serious indictable offence.
15 yrs; aggravated: 20 yrs
s 132(1)
Carry or use a firearm while intoxicated
(1) A carries or uses a firearm; (2) while under the influence of intoxicating liquor or a drug.
120 pu / 2 yrs
s 132(2)
Carry a concealed firearm for an indictable offence
(1) A carries a firearm concealed from view; (2) for the purpose of committing an indictable offence.
(1) A is armed with a firearm, imitation firearm, prohibited weapon or controlled weapon; (2) with criminal intent.
Level 6 / 5 yrs
s 31C
Discharge a firearm reckless to safety of police / PSO
(1) A discharges a firearm; (2) reckless to the safety of a victim; (3) the victim is an on-duty police officer or PSO; (4) A knows or is reckless as to that status.
Level 4 / 15 yrs
s 195X
Use of a knife in the commission of certain indictable offences
(1) A commits a relevant offence (e.g. causing serious injury, affray, violent disorder); (2) uses a knife in committing it.
3 yrs
s 320A
Aggravated common assault
(1) A commits common assault; (2) has an offensive weapon, firearm or imitation firearm readily available; (3) victim is an on-duty police officer / PSO; (4) A knows or is reckless as to that status; (5) A lets the victim see the weapon or says they have it; (6) A knows or ought to know this is likely to arouse apprehension or fear.
The notes state that certain Crimes Act 1958 (Vic) weapons offences attract mandatory minimum non-parole periods and mandatory cumulative sentencing, but specify only the s 31A cumulative / non-suspendable requirement. The particular mandatory-minimum offences and figures are not given in the notes — verify before relying.
SORA (Sex Offenders Registration Act 2004 (Vic)) classification is not engaged by any offence in this list — weapons and firearms offences are not registrable sexual offences. The “SORA” column heading is retained for house-format consistency only.
Several Firearms Act offences carry category- or registration-dependent penalty tiers (ss 6, 6A, 7, 7B); each tier is reproduced in the penalty cell as stated in the notes.
27 distinct weapons and firearms offence provisions across three Acts. Standard sentencing applies to one only — s 5B Crimes Act 1958 (Vic) (homicide by firearm), SS 13 yrs.