Prohibited Person Applications and Firearms Licences

Geelong Lawyers offer specialised guidance for individuals deemed prohibited persons. Our team can assist with appeals, compliance advice, and applications for reinstatement to non-prohibited person status.

Our Experience With Prohibited Persons Applications

Geelong Lawyers has developed expertise in handling prohibited persons’ statuses. A ‘prohibited person’ is someone who is deemed to not be able to hold a firearms licence (see below). This is a field known for its complexity due to the overlapping role of the Chief Commissioner of Police and the rulings of the Magistrates’ Court. The intricacies of these applications often require a detailed understanding of various legal frameworks that can impact an individual’s status and rights. Our team is adept at navigating these complexities, offering strategic advice that addresses the unique aspects of your case.

We specialise in providing tailored advice, considering the intersecting laws that affect prohibited person statuses. Trust our experience to guide you through the challenging process with clarity and confidence.

Our expertise in navigating complex legal frameworks in Victoria ensures your rights are protected. Our team takes the time to understand your case and develop a defence that provides strategic representation and aims for favourable outcomes. In addition, we regularly assist clients in responding to licence refusals and cancellations such a Notice that a Firearms Licence Application May be Refused.

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What is a Prohibited Person?

A Prohibited Person status under the Firearms Act 1996 disqualifies individuals from being issued a firearms licence or from owning, using, or carrying a firearm within Victoria. This includes Category A, B, C, D and H licences along with Junior Firearm Licenses.

A Court does not need to make a declaration that you meet the definition of a prohibited person. You can become a prohibited person under the Firearms Act 1996 in numerous ways, including

The duration of the prohibition varies: it can last from 12 months post-conviction up to life. The duration will depend on how you have met the legal definition of prohibited person. For example, following an Intervention Order, you can hold a prohibited person status for up to five years after the order has expired, unless a court determines otherwise.

A lawyer can help you understand the specific legal implications of your prohibited status, including how it affects your rights and obligations under the Firearms Act 1996 and related legislation. Our team can assess your case to determine if there are grounds to appeal your prohibited status or to apply for a review. We can represent you in legal proceedings, ensuring your case is presented effectively.

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FAQs

How Does An Intervention Order Affect a Firearms Licence?

An Intervention Order can prohibit you from owning a firearm for the duration of the Order plus an additional five years, and any existing permits can be revoked. Authorities have the right to search for and confiscate any firearms or weapons found.

If you require a firearm license for reasons such as employment, lawful hunting, target shooting or pest control you can file an application to the Magistrates’ Court to be deemed not a ‘non-prohibited person’ (s 189 Application). Upon filing, the police will be informed and will submit a recommendation for the court’s consideration. It’s recommended to seek legal representation if you need a firearm for professional purposes so that your rights are protected.

Can I get my firearms licence back if an Intervention Order is made against me?

To get your firearms licence back after an Intervention Order has been made, you need to apply to be deemed not a prohibited person under section 189 of the Firearms Act. If your Intervention Order contains conditions cancelling firearms licences, permits or authorities, you are not eligible to make a Section 189 application. In this case, you would first need to make an application to vary the Intervention Order to remove the firearms condition. Then, you can lodge a Section 189 application to be deemed not a prohibited person.

Complying with the legal requirements of a prohibited person status is crucial to avoid potential criminal charges. The team at Geelong Lawyers can guide you on how to remain compliant with Australian firearms laws and can help identify conditions under which you might get your firearms licence back.

A lawyer can assist in preparing and submitting an application to be declared a non-prohibited person, especially if you require a firearm for professional reasons or if the circumstances of your prohibition have changed.