Have you lost your firearm licence under section 46 Immediate Cancellation of a Licence?
If so, you may be able to fight the cancellation. There are a number of ways this may be done under the Firearms Act.
Section 48 Making of Submissions
The holder of a licence who has been notified under section 47 may make written submissions on the proposal to cancel the licence.
Submissions made under subsection (1) must be made within 28 days of the holder being notified.
Section 49B Review of Decision as to Period of Disqualification
A person whose licence has been cancelled under section 49 may apply to the Committee for a review of a decision of the Chief Commissioner under section 49A(2) specifying the period of time within which the person is not entitled to apply for such a licence.
Section 50 Review of Decision to Cancel a Licence
The holder of a licence under this Part whose licence has been cancelled by the Chief Commissioner under section 49(1), on any ground set out in that subsection other than the ground set out in paragraph (fa) may, if the holder is a non- prohibited person, apply to the Committee for a review of that decision.
An experienced criminal lawyer can help you raise legal defences under the Firearms Act and possibly have your firearm licence reinstated.
Please read below for more information in relation to this matter.
The offence
Section 46 of the Firearms Act 1996.
The prosecution must prove:
The defendant was a holder of a licence;
The defendant was a prohibited person; or
The defendant acted in a way that meant the Chief Commissioner had the power to cancel a licence.
The maximum penalty
Cancellation of a licence.
Where will my case be heard?
To challenge the Immediate Cancellation of a Licence, the matter will often be heard in the Magistrates’ Court.
What to do next?
It is important that you contact an experienced criminal lawyer to give you the best possibility of getting your licence reinstated.
Allow as much time as possible to give yourself every chance to get your licence back.
The legislation
Section 46 Immediate Cancellation of a Licence
(1) Immediately on becoming aware that—
(a) the holder of the licence under this Part; or
(b) in the case of a licence which is held by a body corporate, any officer of the body corporate—
is a prohibited person (other than for the reason referred to in paragraph (c)(i) or (c)(ib) of the definition of prohibited person) the Chief Commissioner must cancel the licence.
(2) The Chief Commissioner must notify the holder of the licence of the cancellation of the licence, either personally or by post.
