Suspension of a Firearms Licence for Certain Prohibited Persons
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Prohibited Person Possessing Firearms
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Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
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Possessing, carrying or using an unregistered handgun
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Possession of a Traffickable Quantity of Unregistered Firearms
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Using a firearm to resist arrest
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Immediate Cancellation of a Licence
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Cancellation of a Licence Held by a Non-Resident
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Suspension of a Licence and Notice of Proposal to Cancel
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Suspension of a Firearms Licence for Certain Prohibited Persons
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Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
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Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
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Storage of Firearms under Longarm and Handgun Licences
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Permit to Store Handguns
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Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
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Storage of firearms under dealer licences
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Possession of Cartridge Ammunition
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Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
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Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
What does it mean to have your licence suspended as a prohibited person?
A ‘prohibited person’ holding a firearms licence may face suspension of their licence under section 47A of the Firearms Act 1996 (FA). During the suspension period, you are considered not to hold the licence. If you file an application under section 189 of the FA within three months of the suspension, the suspension remains in effect until a final decision is made, or until the Chief Commissioner enforces a cancellation under section 49(4) of the FA.
What to Consider/Needs to be Established?
To determine whether your firearms licence will be suspended, it is crucial to assess whether the Chief Commissioner can establish the offence to the criminal standard of beyond a reasonable doubt.
The key factors include:
Whether the Chief Commissioner is satisfied that you are a ‘prohibited person’ (as defined in section 3(c)(i) or (c)(ib) of the FA).
Whether you have been issued a final order, final interstate domestic violence order, or final recognised domestic violence order that does not cancel or revoke a licence, permit, or authority under the Family Violence Protection Act 2008 or a corresponding law from the jurisdiction where the order was made.
Whether you held a valid licence under the FA.
You have the right to request a review of the suspension decision under section 48 of the FA, allowing you to submit your case in writing within 28 days of receiving notice of the suspension.
Where will this case be heard?
Any rebuttal against the suspension is typically addressed summarily in the Magistrates Court of Victoria.
Severe penalties apply if your application is unsuccessful; if the Chief Commissioner has grounds for suspension, your licence will be immediately suspended.
Questions and Next Steps:
To assess your prospects of successfully defending the suspension, consider the following important questions:
Has the prosecution provided accurate particulars of the charges against me?
Does the prosecution have a robust case against me, and can they establish all elements of the offence?
Should I plead guilty or not guilty?
What is the nature of the alleged breach, and when did it occur?
Have I previously been charged with a similar offence?
What options do I have to mitigate my penalty?
Do I have a lawful justification for my actions that may constitute a defence?
These are crucial questions our lawyers are ready to help you answer and assist in building a strong case on your behalf.
Defences to consider:
If you are classified as a ‘prohibited person’ with a firearms licence, potential defences against suspension will depend on the specific circumstances of your case. Each situation is unique and necessitates a tailored approach. Possible defences may include:
The Chief Commissioner failing to justify the necessity for suspending your licence.
Factual disputes or wrongful identification regarding the alleged offence.
Incorrect identification of you as the licence holder when another individual was responsible.
Our experienced criminal defence lawyers are well-versed in licence suspension charges and will ensure you understand the implications of your case and how it will progress through contested hearings. We have a strong track record of defending cases, successfully preventing licence suspensions, and amending the Chief Commissioner’s accounts to better reflect the facts of our clients’ situations. We focus on identifying weaknesses in the prosecution’s case, examining evidence, preserving relevant documents (including character references), locating potential witnesses who have not been consulted by police, and advising you on relevant courses or counselling to mitigate penalties.
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Prohibited Person Possessing Firearms
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Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
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A non - prohibited person possessing, carrying, or using an unregistered longarm
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Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
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Possessing, carrying or using an unregistered handgun
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Possession of a Traffickable Quantity of Unregistered Firearms
-
Using a firearm to resist arrest
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Immediate Cancellation of a Licence
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Cancellation of a Licence Held by a Non-Resident
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Suspension of a Licence and Notice of Proposal to Cancel
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Suspension of a Firearms Licence for Certain Prohibited Persons
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Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
-
Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
-
Storage of Firearms under Longarm and Handgun Licences
-
Permit to Store Handguns
-
Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
-
Storage of firearms under dealer licences
-
Possession of Cartridge Ammunition
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Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
-
Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
Testimonials
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What happens next?
Once you reach out to our legal team, we will schedule a consultation to thoroughly review your case and the circumstances surrounding the suspension of your firearms licence. Our lawyers will help you gather and analyse evidence, craft a compelling argument for your defence, and prepare your written application for review to the Committee. If necessary, we will assist you in preparing for hearings, guiding you through the process while ensuring you are informed of your rights and options at every stage. Our commitment is to advocate for your interests and strive to achieve the best possible outcome, including the reinstatement of your firearms licence.
For immediate assistance and free legal advice, contact our experienced team of criminal defence lawyers 24/7 at 1800 130 120 or visit marcus.mklawfirm.com.au.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au