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Application to be Deemed a Non-Prohibited Person

In Victoria under section 3 of the Firearms Act 1996, you may be deemed a prohibited person if you have been the respondent to an Intervention Order. Being deemed a prohibited person means that you will not be able to possess a firearm for five years following the expiry of the Intervention Order.

To become a non-prohibited person, you must make an application to the Court pursuant to section 189 of the Act.

The onus is on you to prove to the Court that allowing you to regain your firearm licence will not put the affected family members listed in the Intervention Order, or the wider community, at risk.

A Court can impose any of the following penalties for this charge:

On what Basis will the Court Give Me My Firearms Licence Back?

The Court may take into account the following factors in determining whether or not to restore a firearms licence:

  1. Whether or not firearms were involved in the circumstances which led to the making of the Intervention Order;
  2. Whether you have any prior convictions;
  3. Whether you have a “genuine and not unhealthy interest in firearms” per Justice Nettle in Pickord v Chief Commissioner of Police [2002] VSC 435; and
  4. Whether you have substantial legitimate reasons for wanting to hold a firearm licence.

If you have been deemed a prohibited person and have lost your firearms licence, we recommend that you seek legal advice.

Our lawyers are highly experienced in these types of applications and will be able to determine your chances of being able to regain your firearms licence and what conditions (if any) that a Magistrate might seek to attach to the licence.

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