What is a Prohibited Person in Victoria?
Understanding legal terminology is essential when facing criminal proceedings or firearms-related matters in Victoria. One such important term is a “prohibited person”, which has significant legal consequences under Victorian firearms law.
At Stary Norton Halphen & Galbally, we assist clients in understanding how this status applies and what it means for their rights and obligations.
What is a Prohibited Person?
A prohibited person is an individual who is legally disqualified from holding or being granted a firearms licence in Victoria.
A person who is classified as a prohibited person must not:
Hold a firearms licence
Possess firearms or firearm parts
Use or carry firearms
Importantly, a person does not need to be formally declared a prohibited person by a court. Instead, it is a legal status that applies automatically if the criteria under section 3 of the Firearms Act 1996 (Vic) are met.
In some cases, individuals may be unaware that they have become a prohibited person.
How does someone become a prohibited person?
A person may be considered a prohibited person if they meet certain legal criteria, including:
Criminal convictions
If a person has been found guilty of specified offences in Victoria or in another Australian state or territory, they may be classified as a prohibited person.
Intervention orders
A person may also become a prohibited person if they are:
A respondent to a final Family Violence Intervention Order, or
Subject to a final Personal Safety Intervention Order,
or equivalent orders in other jurisdictions.
How long does prohibited status last?
The duration of prohibited status depends on the reason it applies.
Criminal offending: Prohibition may apply for an extended period, potentially many years.
Final intervention orders: A person generally remains prohibited for the duration of the order and for five years after it expires, unless a court determines otherwise.
Each case depends on its individual circumstances and the relevant legislation.
Can you become a non-prohibited person?
In certain circumstances, it may be possible to apply to have your prohibited status removed.
This involves a court or tribunal process to determine whether a person should no longer be classified as a prohibited person.
Strict legal timeframes and eligibility requirements apply, making early legal advice essential—particularly if you have been served with, or are responding to, an intervention order or criminal charge.
Legal consequences of being a prohibited person
Being classified as a prohibited person has serious legal consequences. If a prohibited person is found in possession of firearms, they may be charged with a serious criminal offence.
Penalties may include:
Fines
Significant financial penalties may be imposed, often reaching thousands of dollars depending on the offence.
Community Correction Orders (CCOs)
A court may impose a Community Correction Order, which can include conditions such as:
Restrictions on travel
Mandatory community work
Participation in treatment or rehabilitation programs
Imprisonment
Serious breaches may result in imprisonment. The length of a custodial sentence will depend on the nature and seriousness of the offence.
Why legal advice is essential
The consequences of being classified as a prohibited person extend beyond firearms restrictions and can affect employment, travel, and other aspects of daily life.
Obtaining legal advice early is critical to understanding your position, particularly where criminal charges or intervention orders are involved.
An experienced criminal lawyer can assist with:
Advising on prohibited person status
Responding to criminal charges
Intervention order proceedings
Applications to remove prohibited status (where available)
Criminal lawyers in Melbourne
Navigating firearms law and prohibited person status requires specialist legal knowledge.
At Stary Norton Halphen & Galbally, our criminal lawyers in Melbourne provide strategic advice and representation in complex criminal and firearms matters, ensuring your rights are protected throughout the process.
Key takeaway
A prohibited person in Victoria is legally barred from possessing or using firearms, often as a result of criminal findings or intervention orders. The consequences are serious, and breaching these restrictions can result in heavy penalties, including imprisonment.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.