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.

We are here for you

      EXCELLENT  
   Based on 147 reviews 
    
 
 
 
   
 
 
       Posted on Google  
   
   chris anderson 
 
 
 
 Trustindex verifies that the original source of the review is Google. Having a strong and supportive friend and expert on your side matters. Thanks Mel.
  
 
      Posted on Google  
   
   Wayne Bolger 
 
 
 
 Trustindex verifies that the original source of the review is Google. I used geelong lawyers for a criminal matter.
I was represented by Mel cox who did a amazing job! Mel got me a result better than I was hoping for.
I would highly recommend this law firm
  
 
      Posted on Google  
   
   Linda Wood 
 
 
 
 Trustindex verifies that the original source of the review is Google. We are truly grateful to Mel Cox for her incredible support and outstanding representation. She was professional, caring and went above and beyond in every way. Highly recommended. Thanks again Mel, you're amazing.
  
 
      Posted on Google  
   
   Marie 
 
 
 
 Trustindex verifies that the original source of the review is Google. I would absolutely recommend Mel Cox from Geelong Lawyers. She is an amazing lawyer that takes time to completely understand without judgement to help you.
  
 
      Posted on Google  
   
   Rebecca hunt 
 
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend Geelong Lawyers, barristers and solicitors for anyone needing assistance with any Legal Matters. Ive recently had Mel Cox represent my Brother for his legal matters. She was incredibly professional throughout the entire court process. Mel took the time to explain and her Communication was fantastic. Thanks Mel, Five stars all the way. 😀
  
 
      Posted on Google  
   
   Francesco Patti 
 
 
 
 Trustindex verifies that the original source of the review is Google. Great service, very understanding.
  
 
      Posted on Google  
   
   Sarah Elms 
 
 
 
 Trustindex verifies that the original source of the review is Google. We are extremely grateful for the support and guidance we have received during interactions we have had with Steph and Matilda. We have found them to be extremely helpful, professional and supportive. They were able to advocate for our family and we are grateful for the outcomes achieved.
Sarah & Shane
  
 
      Posted on Google  
   
   Kevin Neville 
 
 
 
 Trustindex verifies that the original source of the review is Google. I cannot recommend Mel highly enough.

From the moment she became involved in my matter, she was professional, knowledgeable, forthright, and completely focused on achieving the best possible outcome. Mel took the time to understand the complexities of the matter, and provide clear, practical advice every step of the way.

What impressed me most was her preparation, attention to detail, and her ability to confidently advocate on my behalf. She is assertive when she needs to be, remains calm under pressure, and is clearly highly respected in her field. Throughout the process, I felt that my interests were being protected and that I had someone genuinely fighting for me.

I am incredibly grateful for her dedication and hard work.

If you are facing a difficult legal situation and want someone who knows the law, understands strategy, and will stand firmly in your corner, then Mel is the lawyer you want on your side. When things get tough, she's exactly the kind of person you want in the trenches with you.

Thank you, Mel. Your support, professionalism, and commitment made a tremendous difference.

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.

Get In Touch

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.