Can I Get My Firearms Licence Back After an Intervention Order (IVO) in Victoria?
In Victoria, being subject to an Intervention Order (IVO) can have serious and long-lasting consequences for firearms ownership and licensing.
A common question is whether it is possible to regain a firearms licence after an IVO has been made. The answer depends on the type of order, whether it is final, and whether a person is classified as a “prohibited person” under the Firearms Act 1996 (Vic).
How an Intervention Order Affects Your Firearms Licence
A respondent to a final Intervention Order is generally classified as a prohibited person for the duration of the order and for five years after it expires.
While a person is a prohibited person, they cannot:
Hold a firearms licence
Possess, use or carry firearms
Acquire or purchase firearms
In some cases, interim Intervention Orders may also include conditions affecting firearms licences, particularly where safety concerns are raised.
Can You Ever Get Your Firearms Licence Back?
Yes — in certain circumstances, it may be possible to regain firearms eligibility, but it is not automatic.
The pathway depends on the terms of the Intervention Order:
1. If the Order Does Not Cancel Firearms Authorities
You may be eligible to apply to be declared a non-prohibited person under section 189 of the Firearms Act 1996 (Vic).
This application asks the court to remove the prohibited status, allowing you to reapply for a firearms licence.
2. If the Order Includes Firearms Cancellation Conditions
If the Intervention Order specifically cancels firearms authorities, you are generally not eligible to apply under section 189 unless:
The Intervention Order is first varied by the court
The firearms-related conditions are removed
Applying to Become a Non-Prohibited Person (Section 189)
An application under section 189 must be made to the relevant court and is a formal legal process.
Key requirements include:
Giving the Chief Commissioner 28 days’ notice
Lodging the application in the correct jurisdiction (Magistrates’ Court or Supreme Court)
Allowing police and affected parties to respond
Affected family members may be consulted, and police often provide submissions supporting or opposing the application.
What the Court Considers
There is no strict statutory checklist, but courts typically consider:
The nature and seriousness of the original Intervention Order
Any history of family violence or related allegations
Criminal history, particularly violence or firearms-related offending
Whether the order involved firearms conditions
The applicant’s purpose for holding a firearms licence
Time elapsed since the order and post-order behaviour
Whether there is ongoing risk to safety
Each application is assessed on its individual circumstances.
What Happens If You Are Successful?
If the court declares you a non-prohibited person:
You may apply for a new firearms licence
Any previous cancellation may need to be addressed through a fresh application
The Licensing and Regulation Division will reassess eligibility
Approval is not automatic and remains subject to strict assessment criteria.
Why Legal Advice Is Important
Firearms licensing and Intervention Orders are closely connected and heavily regulated in Victoria.
A criminal lawyer in Melbourne can assist by:
Assessing whether you are eligible to apply under section 189
Preparing detailed legal submissions
Addressing police objections
Representing you in court proceedings
Advising on prospects of success before applying
Moving Forward After an Intervention Order
While an Intervention Order can significantly impact firearms rights, it does not necessarily mean a permanent loss of licence eligibility.
The process of regaining a firearms licence is complex, technical, and highly discretionary.
Early legal advice is critical to understanding your options and improving your prospects of success.
Speak to a Criminal Lawyer in Melbourne
If you are seeking to regain your firearms licence after an Intervention Order, or need advice about prohibited person status, experienced criminal lawyers at Stary Norton Halphen & Galbally can provide clear guidance tailored to your circumstances.
📞 (03) 8622 8200 (24/7)
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.