Offences Involving Weapons and Firearms

ALL CAPITAL OFFENCES & CHARGES WITH $0 ARE HUT CHARGES

Possession of Weapon Class 0 (Melee)

Principal - 10 months - $150

Description: Possession of a melee weapon (knife, crowbar, hammer, golf club, etc.) without lawful justification.

Points to Prove:

• Defendant possessed a Class 0 weapon.
• No lawful purpose or authorisation existed.

Unlicensed Possession of a Class 1 Firearm

Principal - 24 months - $500

Description: Possession of a Class 1 firearm without a valid DOJ licence.

Points to Prove:

• Defendant possessed a Class 1 firearm.
• No valid DOJ firearms licence was held.
• Possession was intentional and unlawful.

Possession of a Government-Issued Class 1 Weapon (PD Pistol)

Principal - 48 months - $900

Description: Possession of a PD-issued Class 1 firearm by a civilian or unauthorised person.

Points to Prove:

• Weapon identified as a PD-issued Class 1 firearm.
• Defendant lacked lawful authorisation.
• Possession was intentional and unlawful.

Possession of Weapon Class 2 (Prohibited)

Principal - 36 months - $1,200

Description: Possession of a prohibited Class 2 firearm such as an SMG or sawn-off shotgun.

Points to Prove:

• Defendant possessed a Class 2 firearm.
• No licence or legal justification existed.

Possession of Weapon Class 3 (Restricted Military)

Principal - 48 months - $2,675

Description: Possession of a restricted or military-grade Class 3 weapon.

Points to Prove:

• Defendant possessed a Class 3 firearm.
• Weapon was restricted or prohibited.

Brandishing a Firearm

Principal - 20 months - $700

Description: Displaying or waving a firearm in a threatening or intimidating manner without lawful justification.

Points to Prove:

• Defendant displayed or drew a firearm.
• Display caused fear, alarm, or intimidation.
• No lawful justification existed (e.g. self-defence).

Discharging a Firearm in Public

Principal - 25 months - $1,200

Description: Firing a firearm in a public area without lawful reason or endangering others.

Points to Prove:

• Defendant discharged a firearm in a public place.
• The act was reckless or endangered others.
• No legal or defensive justification existed.

Unlicensed Manufacture of Firearms or Parts

Principal - 48 months - $1,500

Description: Manufacturing or assembling any firearm or major component without DOJ authorisation.

Points to Prove:

• Defendant manufactured or modified a firearm or component.
• No valid DOJ manufacturing licence existed.
• Act was intentional and unlawful.

Stockpiling / Possession with Intent to Distribute

Principal - 48 months - $1,000

Description: Possession of large quantities of firearms, ammunition, or parts indicating intent to distribute.

Points to Prove:

• Defendant possessed multiple firearms or ammunition.
• Quantity exceeded reasonable personal use.
• Intent to distribute or traffic can be inferred.

Illegal Distribution / Trafficking of Firearms

Principal - 60 months - $1,050

Description: Selling, transferring, or transporting firearms or ammunition without DOJ authorisation.

Points to Prove:

• Defendant sold, supplied, or transported firearms or ammunition.
• No DOJ commercial licence was held.
• Transaction was intentional and unlawful.

Possession of a Class 4 Weapon (Explosive / Heavy)

Principal - 0 months - $0

Description: Possession of heavy or explosive weaponry such as RPGs or high-calibre ordnance.

Points to Prove:

• Weapon identified as Class 4.
• Possession was intentional and unlawful.

Possession of a Class 5 Weapon (Government / Sensitive Ordnance)

Principal - 72 months - $1,800

Description: Possession of government-issued or sensitive Class 5 weaponry without authorisation.

Points to Prove:

• Weapon was a government-issue Class 5 item.
• Defendant lacked lawful authority.

Weapon Trafficking Class 1 (HUT)

Principal - 0 months - $0

Description: Transporting or selling six or more illegal or unregistered Class 1 firearms.

Points to Prove:

• Defendant transported or sold six or more Class 1 firearms.
• Firearms were illegal, unregistered, or unlicensed.
• Intent to traffic or distribute can be inferred.

Weapon Trafficking Class 2 (HUT)

Principal - 0 months - $0

Description: Transporting or selling four or more illegal or unregistered Class 2 firearms.

Points to Prove:

• Defendant transported or sold four or more Class 2 firearms.
• Firearms were illegal or unregistered.
• Intent to traffic or distribute can be inferred.

Weapon Trafficking Class 3 (HUT)

Principal - 0 months - $0

Description: Transporting or selling two or more illegal or unregistered Class 3 firearms.

Points to Prove:

• Defendant transported or sold two or more Class 3 firearms.
• Firearms were illegal or unregistered.
• Intent to traffic or distribute can be inferred.

Gang Related Shooting

Principal - 60 months - $2,800

<div class="charge-description">
  <strong>Description:</strong>
  Discharging a firearm during gang activity, including retaliation, intimidation, territorial disputes, or coordinated criminal actions.
  <br><br>

  <strong>Points to Prove:</strong>
  <ul>
    <li>The defendant discharged a firearm or participated in a shooting.</li>
    <li>The act was connected to gang affiliation, rivalry, or benefit.</li>
    <li>The shooting endangered an individual or the public.</li>
    <li>The defendant acted knowingly and unlawfully.</li>
  </ul>
</div>

Accessory to Gang Related Shooting

Principal - 45 months - $2,000

<div class="charge-description">
  <strong>Description:</strong>
  Assisting, aiding, or enabling a gang-related shooting before, during, or after the offense without personally firing a weapon.
  <br><br>

  <strong>Points to Prove:</strong>
  <ul>
    <li>A gang-related shooting occurred.</li>
    <li>The defendant intentionally aided, encouraged, or supported the offender.</li>
    <li>The defendant knew the act was gang-related.</li>
    <li>The defendant’s actions contributed to the commission or escape.</li>
  </ul>
</div>