If you are facing criminal charges, or you are the respondent to an application for a family violence or personal safety intervention order, you may be worried about what will happen to your firearms, or whether you will become a “prohibited person” under Victoria's firearms laws. This is a real and serious concern — becoming a prohibited person can mean losing your firearm licence, and can expose you to a separate and serious criminal offence if you continue to possess, carry or use a firearm.

At Angus Cameron and Partners, we advise clients at every stage of this issue — from the criminal charge or intervention order application itself, through to advising on your obligations regarding firearms, and, where available, applying to the court to be deemed a non-prohibited person.

Whether you are worried about becoming a prohibited person, have already become one, or are facing a charge of being a prohibited person in possession of a firearm, it helps to understand exactly how the law works. Below is a guide to what you need to know.

What Is a “Prohibited Person”?

Under the Firearms Act 1996 (Vic), a person automatically becomes a “prohibited person” if certain circumstances apply to them — there is no separate decision, notice or warning required. The definition is broad and covers a number of different situations, including:

  • serving a term of imprisonment for an indictable offence, an assault, or an offence under the Drugs, Poisons and Controlled Substances Act 1981 or the Control of Weapons Act 1990, and for a period afterwards — generally up to 15 years if the sentence was 5 years or more, or up to 5 years if the sentence was less;
  • being the subject of a final family violence intervention order, personal safety intervention order, or a corresponding interstate order;
  • being subject to certain other orders, including a community correction order with a supervision condition, a supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, a serious crime prevention order, or a supervision order under the Serious Offenders Act 2018; and
  • being found guilty, in the last 12 months, of an offence under the Firearms Act itself, another offence involving the possession or use of firearms, or an indictable offence — even where you were not sent to prison.

Because the definition is so wide, it is easy to become a prohibited person without realising it — particularly if you are facing an intervention order application and don't appreciate that a firearms condition could be attached, or you are pleading guilty to a charge without understanding its flow-on effect on your firearms.

How Long Does Prohibited Status Last?

How long you remain a prohibited person depends on why you became one:

  • If you are prohibited because of a term of imprisonment, prohibition generally lasts for the period of imprisonment plus up to 15 years (for sentences of 5 years or more) or up to 5 years (for shorter sentences).
  • If you are prohibited because of a final intervention order, you generally remain prohibited for 5 years after the order expires, is revoked, or is varied to remove any firearms condition — unless a court deems you a non-prohibited person earlier.
  • If you are prohibited because of a recent finding of guilt without a prison sentence, prohibition generally lasts for 12 months from the finding of guilt.

We will help you understand exactly when your prohibited status is likely to end, and whether an earlier application to the court is available to you.

The Offence of a Prohibited Person Possessing a Firearm

Separately from losing your firearm licence, it is a serious criminal offence under section 5(1) of the Firearms Act 1996 for a prohibited person to possess, carry or use a firearm. The prosecution must prove three things:

  • that the item in question is a “firearm” — a definition that is broader than most people expect, and can include a firearm that has been disassembled, damaged, or is missing parts;
  • that you possessed, carried or used the firearm — which can include actual physical possession, having custody or control of it, or simply having and exercising access to it, whether alone or with others; and
  • that you were, at the relevant time, a prohibited person.

This is a serious charge that often carries a term of imprisonment.

Applying to Be Deemed a Non-Prohibited Person

In some circumstances, you can apply to a court under section 189 of the Firearms Act 1996 for a declaration that you are deemed not to be a prohibited person. This is only available in limited circumstances.

The application must generally be lodged at the court that made the order or heard the criminal matter — the Magistrates' Court, County Court or Supreme Court, as applicable. If the relevant order or conviction was made interstate, the application must be made to the Supreme Court of Victoria.

At least 28 days' notice must be given to the Chief Commissioner of Police, and, where the application relates to an intervention order, to the protected person, who may appear to support or oppose the application.

We will prepare and lodge your application, gather supporting material, and represent you at the hearing, including if a protected person or the police oppose your application.

Frequently Asked Questions

I've just received an intervention order application — does that automatically make me a prohibited person?

No. An interim order does not automatically make you a prohibited person unless it includes a specific condition affecting your firearm licence. If you have received an application, it's important to get advice before the matter is finalised.

I've been charged with an offence — will I automatically become a prohibited person if convicted?

It depends on the offence and the sentence. Being found guilty of an indictable offence, a Firearms Act offence, or another offence involving firearms can make you a prohibited person, even without a prison sentence, though the period is shorter (12 months) if you avoid imprisonment. A sentence of imprisonment can extend that period considerably.

What happens to my firearm licence if I become a prohibited person?

Your licence will typically be suspended or cancelled. If it is cancelled, you will usually be given a short period to store your firearms at a police station, transfer them to a licensed dealer, or surrender them for destruction.

Is being a prohibited person itself a criminal offence?

No — being a prohibited person is a status, not an offence. The offence arises if you possess, carry or use a firearm while you are a prohibited person.

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