'It's The Law' – Firearm licences in the spotlight

There are various reasons why you might need a firearm, but what should you do to get a licence and how do you regain one when you’ve been deemed a prohibited person?

All firearms must be registered with Victoria Police and are regulated by the Firearms Act 1996. You will need a Permit to Acquire, plus an appropriate firearms licence to purchase, possess, carry and use a firearm. 

To be eligible for a licence, you must meet several conditions, including being ‘a fit and proper person’, having completed a firearm safety course and being able to demonstrate your reason for needing the licence. 

This process can be relatively straightforward.

However, another of the conditions is that you are a ‘non-prohibited person’ or have been deemed not to be prohibited by a court. 

This means you cannot have been found guilty of specific criminal offences or have been a respondent in a final intervention order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Order Act 2010.

The full list of offences and the prohibition period can vary. For example, if you are prohibited due to criminal offending, the prohibition may range from 12 months to 15 years.

If it relates to an intervention order, you will remain prohibited for five years after the order expires, or until a court says you are no longer prohibited. 

A solicitor can assist you in applying to the court to be deemed a non-prohibited person if you are eligible, for example, you will be ineligible if there is a condition on a final intervention order cancelling a firearms authority.

When considering the application where the applicant is a respondent under a family violence intervention order the court will usually consider:

• Whether the applicant has ever used, or threatened to use, any other weapons while committing family violence.

• Whether there is a risk that the applicant may use or threaten to use a firearm against the protected person if the court grants the application.

• The protected person’s views about the application.

• The motivation for the application.

• Whether the applicant requires a weapon or firearms authority as a condition of employment, or whether the applicant seeks the exemption to pursue a hobby.

If you are a prohibited person and you want to get a firearms licence, it might be worth getting advice on your individual circumstances to understand your next steps.

• Patrick Smith is the principal of O’Brien and Smith Lawyers. This article is intended to be used as a guide only. It is not, and is not intended to be, advice on any specific matter. Neither Patrick nor O’Brien and Smith Lawyers accept responsibility for any acts or omissions resulting from reliance upon the content of this article. Before acting on the basis of any material in this article, we recommend that you consult your lawyer.