Can I Own a Firearm With an Intervention Order?

If an Intervention Order has been made against you, you may be wondering whether you can continue to own firearms or keep your firearms licence. 

In Victoria, Intervention Orders can have significant consequences for firearm ownership. In many cases, a person who becomes subject to an Intervention Order will lose their firearms licence and be prohibited from possessing, carrying or using firearms. This is because they are deemed to be a “prohibited person” from possessing firearms under the Firearms Act.

Does an Intervention Order Affect My Firearms Licence?

Yes.

If a Family Violence Intervention Order or Personal Safety Intervention Order is made against you, your firearms licence may be suspended, cancelled or become subject to mandatory cancellation under the Firearms Act 1996 (Vic).

Police also have the power to seize firearms, ammunition and firearms-related items where an Intervention Order has been made or where they believe it is necessary for the protection of the affected family member or another person.

The consequences can arise even if the Intervention Order does not contain allegations involving firearms.

What Happens to My Firearms?

If your firearms licence is suspended or cancelled, you cannot continue to possess your firearms.

Police will usually seize any firearms and ammunition in your possession. Depending on the circumstances, arrangements may be made for the firearms to be sold, transferred to another licensed person or otherwise dealt with in accordance with the Firearms Act.

It is important to comply with any directions given by police. Continuing to possess firearms after your licence has been suspended or cancelled may result in further criminal charges.

Does It Matter Whether I Consent to the Intervention Order?

Generally, no.

Many people choose to consent to an Intervention Order without admitting the allegations in order to avoid the stress, cost and uncertainty of a contested hearing.

However, even where an order is made by consent and without admissions, the consequences for your firearms licence will still apply. The effect arises because of the existence of the Intervention Order itself, rather than whether the allegations have been admitted.

What If I Need Firearms for Work?

Some people require firearms as part of their employment, including farmers, professional shooters, security personnel and primary producers.

Unfortunately, the fact that you need firearms for work does not necessarily prevent your licence from being suspended or cancelled. While there are limited circumstances in which exemptions or further applications may be available, these matters are highly technical and depend on your individual circumstances.

Obtaining legal advice as early as possible is important if your livelihood depends on retaining access to firearms.

Can I Get My Firearms Licence Back?

That depends on your circumstances.

If the Intervention Order expires, is revoked or successfully appealed, you may be able to apply for a firearms licence in the future. However, the existence of an Intervention Order is only one factor considered by the Chief Commissioner of Police when determining whether a person is a suitable person to hold a firearms licence.

Each application is assessed on its own merits, having regard to the legislation and the applicant’s personal circumstances.

Can I Apply to Become a Non-Prohibited Person?

In some circumstances, a person who has become a prohibited person because of an Intervention Order may apply to the Magistrates’ Court under section 189 of the Firearms Act 1996 (Vic) to be declared a non-prohibited person. If the application is successful, it removes the statutory prohibition that would otherwise prevent the person from applying for a firearms licence.

An application under section 189 is not automatically granted. The court will consider a range of factors, including the circumstances that led to the Intervention Order, the applicant’s history, their need to possess firearms, any ongoing risk to the community and whether it is appropriate to make the declaration. Even if the court declares a person to be a non-prohibited person, they must still satisfy the Chief Commissioner of Police that they are a fit and proper person before a firearms licence will be granted.

Because these applications involve detailed evidence and discretionary decision-making, it is important to obtain legal advice before filing an application under section 189.

Can I Challenge the Decision?

In some circumstances, yes.

Depending on the reason your firearms licence has been cancelled or refused, there may be rights of review or appeal. If the cancellation arises because of an Intervention Order, you may also have options to challenge the Intervention Order itself, provided you act within the applicable time limits.

The most appropriate course of action will depend on the facts of your case and the basis upon which your licence has been affected.

Why Legal Advice Is Important

The interaction between Intervention Orders and firearms laws is complex. Decisions about consenting to an Intervention Order can have consequences that extend well beyond the order itself, particularly if you own firearms for recreational purposes, hunting or employment.

Obtaining legal advice before your court date allows you to fully understand those consequences and make informed decisions about how to proceed.

Speak to Wilkinson Lawyers

If you are subject to an Intervention Order and are concerned about your firearms licence, Wilkinson Lawyers can help. We regularly represent clients in Family Violence Intervention Order and Personal Safety Intervention Order proceedings throughout Victoria and advise on the consequences those orders may have for firearms ownership. We can explain your options, represent you in court and help you protect your legal interests.

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