Successful Firearms Act Application – Client Deemed a Non-Prohibited Person
Case Overview
Our firm acted for a client in an application under s 189 of the Firearms Act 1996 (Vic) seeking to be deemed a non-prohibited person following a Personal Safety Intervention Order (PSIVO) that, by operation of law, made the client a “prohibited person”.
When a final intervention order is made, a person becomes a “prohibited person” for the duration of the order, plus an additional five years after the order officially expires or ends.
The Challenge
A PSIVO was made against our client for a period of 12 months following an assault. As a result, our client was deemed a prohibited person under the firearms licensing framework for a period of five years unless the Court deemed otherwise.
Our client was a farmer and required the ability to lawfully access firearms again to operate his business.
What We Did
The application was opposed by Victoria Police. We prepared and filed the client’s application and written submissions, supported by character references.
We then appeared at the Magistrates’ Court, led evidence from the client and made oral submissions emphasising the client’s legitimate purpose for possessing a firearm and the impact of being deemed non-prohibited on his livelihood.
We also carefully took the Magistrate through the applicable legal principles and how they specifically applied to our client’s case.
Result – Deemed Non-Prohibited
Despite Victoria Police’s objection, the Court granted the application and ordered that the client be deemed a non-prohibited person, paving the way for him to re-apply to the Firearms Licensing Authority for a firearms licence.
Key Takeaway
This outcome demonstrates how a carefully prepared s 189 application, supported by targeted submissions and evidence, can successfully assist a client in seeking to regain the ability to apply for firearms licensing where the Court is satisfied that the declaration can be made consistently with the statutory framework and relevant considerations.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.