Have you been declared a prohibited person under section 3 of the Firearms Act?

You may be able to apply to become a non-prohibited person under section 189 of the Firearms Act. This application is commonly necessary in relation to respondents regarding intervention orders. Often a respondent will consent to an intervention in order to finalise a matter, thinking there will be no further repercussions.

Unfortunately what many people do not know is that when an intervention order has been put in place it leaves the respondent classified as a prohibited person in relation to the possession of a firearm for five years following the expiry of the order.

To become non-prohibited within that period that person must make an application to the Court.

The legislation

Section 189 Application to be deemed not to be a prohibited person

(1) A person who is a prohibited person referred to in paragraph (c)(i) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person—

(a) is deemed not to be a prohibited person by virtue of being or having been subject to a final order of a kind referred to in that subparagraph; or

(b) is so deemed for limited purposes only.

(1AA) A person who is a prohibited person referred to in paragraph (c)(ib) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person—

(a) is deemed not to be a prohibited person by virtue of being or having been subject to an order of a kind referred to in that paragraph; or

(b) is so deemed for limited purposes only.

(1A) A person to whom paragraph (d) of the definition of prohibited person applies may apply to the Court for a declaration that the person—

(a) is deemed not to be a prohibited person; or

(b) is so deemed for limited purposes only.

(1B) A person who is a prohibited person referred to in paragraph (cc)(ii) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person—

(a) is deemed not to be a prohibited person by virtue of being or having been subject to a supervision order or an interim supervision order of a kind referred to in that subparagraph; or

(b) is so deemed for limited purposes only.

(2) The purposes for which the person is deemed not to be a prohibited person must be specified in the order.

(2A) A person who is making an application under this section must give 28 days written notice of that application to—

(a) the registrar of the Court; and

(b) the Chief Commissioner; and

(c) in the case of an application under subsection (1) or (1AA), the person protected by the final order.

(2B) The—

(a) Chief Commissioner; and

(b) in the case of an application under subsection (1) or (1AA), person protected by the final order—

may appear before the Court to be heard on the application.

(3) In this section, Court means—

(a) in the case of a person who was made the subject of an order referred to in subsection (1) or (1AA)—

(i) in Victoria, the court which made the order; or

(ii) in another State or a Territory or in New Zealand, the Supreme Court; and

(b) in the case of a person to whom subsection (1A) applies—

(i) if a Victorian court found the person guilty, that court; or

(ii) if a court in another State or a Territory found the person guilty, the Supreme Court.

(c) in the case of a person to whom subsection(1B) applies, the court that made the supervision order or the interim supervision order.

(4) In the case of an application under subsection (1), the Court cannot hear the application until any appeal under the Family Violence Protection Act 2008 in relation to the final order has been determined.

(5) In the case of an application under subsection (1AA), the Court cannot hear the application until any appeal under the Personal Safety Intervention Orders Act 2010 in relation to the final order has been determined.

(6) In the case of an application under subsection (1B), the Court cannot hear the application until any appeal under the Serious Offenders Act 2018 in relation to the supervision order or the interim supervision order (as the case requires) has been determined.

What to do next?

If you have been made a prohibited person because you consented to an intervention order but you need your Firearms Licence you should contact one of our expert criminal lawyers immediately. We may be able to lodge an application on your behalf under s189 to have your status as a prohibited person revoked.