Getting arrested for a crime is never a simple thing, but when a weapon is involved, life becomes exponentially more challenging. This is the case even in countries with relatively lax gun laws, but in Australia, where guns are highly restricted and the punishments are harsh for infringement, you are going to need all the help you can get. Fortunately, all is not lost, and with the right knowledge of where you stand and a quality legal team representing your rights, you might be able to mitigate any potential punishments and get off more lightly than you thought.
Overview Of Australia’s Weapons Legal Framework
It’s worth briefly exploring the laws surrounding Australian weapons law to gain a better understanding of why they are taken so seriously. Although implementation of national law is typically taken on a state-by-state basis, the 1996 National Firearms Agreement laid out a solid framework that laid the foundation for each state to come up with its own implementation. These weapons offence lawyers note that offenses can range from possessing a weapon that you’re not legally allowed to have in your possession, to the far more serious crime of trafficking. Additionally, laws tend to be more strictly enforced in urban areas than they might be in more rural locations, which can open up your options if you find yourself under arrest for having a weapon or firearm on your person.
Key Legal Defenses And Strategies
If you are reading this post because you are in this position right now, there are several defensive strategies that you might opt to take. Just be aware that these are broad-based and may or may not apply to your case directly, making it vital that you consult with a law firm specializing in these cases.
- Lawful excuse: If you’re able to prove that you have a weapon lawfully for activities such as sport or hunting, etc, you might be able to use this as a defense.
- Lack of intent or knowledge: Although ignorance of the law is not usually a reasonable excuse, it could be used to mitigate any sentence that could be handed down.
- Duress or necessity: If you can claim your actions were forced by an immediate threat, it might be possible to convince a judge that your intent wasn’t malicious, but instead for self-defense purposes.
- Honest and reasonable mistake: Similarly to the second point, ignorance is not usually permissible in court, but genuine mistakes can sometimes help to lighten a sentence.
Common Types Of Weapons-Related Charges
What constitutes a weapons-related charge can vary wildly, from its use in a fight with the intent to cause serious harm or death, to simple possession without realizing it. In Australia, charges can include:
- Possession without a license or authorization
- Carrying in public
- Use or discharge
- Manufacturing, trafficking, or supplying weapons
There are also varying severities for each charge, with punishments differing based on a range of factors such as intent, reason for possession, and number of previous offences etc.
Being arrested and charged for the possession of a weapon is an incredibly serious issue; there is no way around that. But as long as you understand possible defenses and have a high-quality lawyer by your side, it’s possible to minimize how much it might affect your life.
