Domestic Violence Offences And Firearms Licences

In New South Wales, when a person is charged with domestic violence related offences or has an AVO taken out against them there will be action taken against their firearms licence. This article explains the consequences for firearms licences in relation to domestic violence offences and apprehended violence orders. 

Seizure of Firearms:

When a Police Officer enters a home to investigate a domestic violence offence, Section 85 of the Law Enforcement (Powers and Responsibilities) Act 2002 states that Police must inquire as to the presence of any firearms and must take all actions as reasonably practicable to search for, seize and detain the firearm/s. 

Once the firearms are seized, they are taken to and stored at a Police Station. The firearms are then photographed and catalogued before the Police will notify the Firearms Registry of the seizure. The firearms holder will be given a receipt for the seized firearms. 

If the person’s firearms licence is not suspended, they have 28 days from the seizure to seek the return of the firearms. This involves writing to the Commander of the Police Station where the firearms are being stored and identifying reasons why the firearms should be returned. 

Suspension of Firearms Licence:

A firearms licence must be suspended if:

• The firearms holder is charged with a “domestic violence offence” pursuant to Section 22(2) of the Firearms Act 1996,
• The Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a “domestic violence offence” pursuant to Section 22(2) of the Firearms Act 1996,
• A provisional apprehended violence order has been taken out against the firearms holder pursuant to Section 23 of the Firearms Act 1996. 

A notice of suspension will be served on the licence holder, and the suspension comes into effect when the notice is served. Once a firearms licence has been suspended a person must not use or possess firearms, serious penalties including imprisonment apply for unauthorised use or possession of firearms. 

If a firearms licence holder is contesting their charges or AVO, the suspension against their licence will be ongoing until the matter is finalised at Court. There is no right of appeal or internal review for a suspension of a firearms licence. 

Revocation of Firearms Licence:

The Commissioner for Firearms has powers to revoke a firearms licence if:

• The Commissioner is satisfied it is not in the public interest for the licensee to continue to hold the licence – Clause 20 and 21(1)(a) of the Firearms Regulation 2017, 
• The Commissioner is satisfied that the permit holder no longer has a legitimate reason for possessing or using the firearm or ammunition to which the permit relates – Clause 21 of the Firearms Regulation 2017, 
• The permit holder becomes subject to an apprehended violence order – Clause 21 of the Firearms Regulation 2017.

The revocation of firearms takes effect when the Notice of Revocation is served or on a date specified in the Notice and will provide reasons for the revocation. There is no right of appeal or internal review for a person who has their firearms licence revoked due to the making of an interim or final apprehended violence order.

Refusal of Firearms Licence:

If a person has been the defendant in an AVO and applies for a firearms licence, they are prevented from holding a firearms licence for a period of 10 years. There is no right of appeal or internal review for a person who has been subject to an AVO that is seeking a firearms licence.