Can an Intervention Order Affect My Firearms Licence?

If you hold a firearms licence or are applying for one, an Intervention Order can have significant consequences. In Victoria, firearms laws are closely linked to Intervention Orders, particularly Family Violence Intervention Orders. A final Intervention Order may result in you becoming a prohibited person under the Firearms Act 1996 (Vic), preventing you from holding a firearms licence or possessing firearms for a significant period.

For many people, this can affect far more than a hobby. It may impact employment, farming operations, recreational shooting, security work or membership of a sporting shooting club. If you hold a firearms licence and have been served with an Intervention Order application, it is important to obtain legal advice before your matter is finalised.

At Wilkinson Lawyers, we regularly advise firearms owners, farmers, sporting shooters and security industry workers throughout Ballarat, Melbourne and regional Victoria about the effect an Intervention Order may have on their firearms licence and the options available to them.

Can an Intervention Order Cause Me to Lose My Firearms Licence?

Yes.

A Family Violence Intervention Order can have immediate and long-term consequences for your firearms licence.

Depending on the circumstances, Victoria Police may:

• suspend your firearms licence;

• cancel your firearms licence;

• require you to surrender your firearms and ammunition;

• seize firearms in your possession; and

• prevent you from obtaining another firearms licence.

These consequences can arise even if no criminal charges have been laid.

What Happens to My Firearms?

If your firearms licence is suspended or cancelled, you may be required to surrender:

• all firearms;

• ammunition;

• your firearms licence; and

• any other items you are no longer legally entitled to possess.

Victoria Police also have powers to seize firearms where authorised by law.

It is important to comply with any lawful direction from police, as failing to surrender firearms when required may result in further criminal offences.

Can an Interim Intervention Order Affect My Firearms?

Yes.

Many people assume nothing changes until a final hearing, but that is not always correct.

An interim Family Violence Intervention Order may result in your firearms licence being suspended and your firearms being surrendered while the proceedings are ongoing.

If the application is ultimately withdrawn or dismissed, you may be able to seek the return of your firearms and reinstatement of your licence, provided you remain otherwise eligible.

Becoming a Prohibited Person Under the Firearms Act

One of the most significant consequences of a final Family Violence Intervention Order is that you may become a prohibited person under the Firearms Act 1996 (Vic).

A prohibited person cannot:

• possess firearms;

• use firearms;

• carry firearms;

• obtain a firearms licence; or

• acquire firearms or ammunition.

Importantly, this prohibition does not end when the Intervention Order expires.

In many cases, a person remains a prohibited person for five years after the final Intervention Order has ended. This means the consequences of an Intervention Order can continue long after the Order itself has expired.

Many respondents are completely unaware of this consequence when deciding whether to contest an application or consent to an Order without admissions.

Can I Become a Non-Prohibited Person Again?

Yes.

If you become a prohibited person because of an Intervention Order, you may be able to apply to the court for an order declaring you to be a non-prohibited person.

If the application is successful, you are no longer treated as a prohibited person under the Firearms Act. This allows you to apply for a firearms licence again, although you must still satisfy all of the usual licensing requirements.

The Court does not grant these applications automatically. It will consider matters such as:

• your personal circumstances;

• the nature of the Intervention Order;

• your conduct since the Order was made;

• whether there are ongoing safety concerns; and

• whether making the order would be consistent with public safety.

If your livelihood depends on firearms, it is often worthwhile obtaining legal advice about whether such an application is available.

What if I Need Firearms for Work?

For many Victorians, firearms are an essential part of their employment.

This commonly includes:

• farmers and primary producers;

• pest controllers;

• security industry employees;

• firearms instructors; and

• professional hunters.

While these consequences can be severe, the Magistrates’ Court’s primary concern when hearing an Intervention Order application is the protection of the affected family member or protected person.

The impact on your employment may be relevant when considering your overall options, but it does not prevent the Court from making an Intervention Order where the legal test is satisfied.

Does a Personal Safety Intervention Order Affect Firearms?

It can.

Although the automatic consequences more commonly arise in relation to Family Violence Intervention Orders, a Personal Safety Intervention Order may also affect your suitability to hold a firearms licence depending on the circumstances.

Victoria Police assess each application for a firearms licence individually and consider whether a person remains a fit and proper person to possess firearms.

Should I Contest an Intervention Order if My Firearms Licence Is at Risk?

Every case is different.

If holding a firearms licence is important because of your employment or lifestyle, you should obtain legal advice before making any decision about the Intervention Order application.

Depending on the circumstances, your options may include:

• contesting the application;

• negotiating the proposed conditions;

• consenting without admissions after understanding the consequences; or

• exploring whether another resolution, such as an undertaking, is appropriate.

Many people focus solely on whether an Intervention Order will affect contact with another person, without appreciating the lasting impact it may have on their firearms rights.

Why Early Legal Advice Matters

The firearms consequences of an Intervention Order can extend well beyond the duration of the Order itself. Becoming a prohibited person under the Firearms Act may prevent you from lawfully possessing firearms for years after the Intervention Order has ended, unless you successfully obtain an exemption by being declared a non-prohibited person.

If you hold a firearms licence, work in an industry that requires firearms, or intend to apply for a licence in the future, these issues should be carefully considered before your Intervention Order matter is finalised.

An experienced Intervention Order lawyer can explain the consequences, advise you about your options, and, where appropriate, assist with an application to be declared a non-prohibited person under the Firearms Act.

Speak to an Intervention Order Lawyer

If you are facing an Intervention Order and are concerned about your firearms licence, Wilkinson Lawyers can provide clear, practical advice about your options.

We regularly represent clients throughout Ballarat, Melbourne and regional Victoria in Family Violence Intervention Orders, Personal Safety Intervention Orders and applications relating to firearms licensing. We can advise you about the effect an Intervention Order may have on your licence, whether you are likely to become a prohibited person, and whether you may be eligible to apply to become a non-prohibited person in the future.

If your firearms licence, employment or livelihood may be affected by an Intervention Order, contact Wilkinson Lawyers today to arrange a confidential consultation.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.