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If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Prohibited persons

Explains who may be prohibited from having a firearms licence.

Some people are not permitted to carry, own or possess firearms and other prohibited weapons.

Prohibited persons include:

  • people who are currently serving a prison term for:
    • an indictable offence
    • assault, or
    • a drugs or weapons offence.
  • someone who has already served a prison term for one of the offences above in Victoria or interstate of:
    • 5 years or more within the last 15 years, or
    • less than 5 years within the last 5 years.
  • anyone who is serving (or has served) a prison term for conspiring to commit an offence within the last 10 years. This includes corresponding interstate conspiracy offences. (Note: if the prison sentence has already been served, the time is to be calculated from the end of their prison term.)
  • any person who is subject to:
    • a family violence or personal safety intervention (final) order
    • a final equivalent interstate order
    • a final equivalent order from New Zealand (registered somewhere in Australia and so a recognised domestic violence order).
  • This includes people who are currently subject to a stalking or family violence order or who have been within the last 5 years.
  • Note: It applies whether or not the court included a condition in the order to cancel or revoke a weapons or firearms licence.
  • See Weapons and family violence and National domestic violence orders
  • anyone serving a community corrections order (CCO) or an old community based order (CBO) that included a condition for their supervision by a community corrections officer. Anyone who was serving such an order within the last 5 years.
  • anyone who is currently (or has been under this supervision within the last 5 years) under a supervision order under s. 26 or s. 38ZH(5)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
  • anyone found guilty of an offence which could have imposed a jail term under the Firearms Act (or similar interstate Act) within the last 12 months, or any other offence that involved a firearm which could have involved a jail term.
  • anyone is subject to a control order, or who has been made a 'declared individual' under the Criminal Organisations Control Act 2012 (Vic) (this relates to people who have had a control order made by the Supreme Court, in an attempt to prevent the activities of organisations (such as bikie gangs) involved in serious criminal activities)
  • anyone found guilty of any other indictable offence where not more than 12 months has passed since the person was found guilty by a court
  • a person who is subject to a firearm prohibition order (under some circumstances listed in s. 112U)
  • anyone who is a prescribed class of persons.

See ss. 3, 112U—Firearms Act 1996 (Vic)(opens in a new window).

Applying to be deemed a non-prohibited person

If a person is deemed to be a prohibited person because an intervention order has been made against them or because of a criminal determination, they can make an application to the Magistrates' Court to be permitted to hold a firearms licence.

See Applying to be a non-prohibited person.

Appealing a decision to refuse a firearms licence

Victoria Police are responsible for making a decision at first instance about whether someone is eligible to hold a firearms licence.

If someone is rejected they may appeal this decision to the Firearms Appeal Committee. They have 28 days from the date that police give the notice. It is not possible to appeal all kinds of application refusals.

See Applying to be a non-prohibited person.

More information

Legislation

Crimes Act 1958 (Vic)

  • ss. 321, 321A—conspiracy to commit an offence

See Crimes Act 1958 (Vic)(opens in a new window).

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)

  • s. 26—supervision orders

See Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)(opens in a new window).

Personal Safety Intervention Orders Act 2010 (Vic)

  • s. 69—effect of seizure of firearms or weapons if (interim or final orders) made
  • s. 127—relationship with Firearms and Control of Weapons Acts

See Personal Safety Intervention Orders Act 2010 (Vic)(opens in a new window).

Firearms Act 1996 (Vic)

  • s. 3—defines a prohibited person
  • s. 112U—certain references to a prohibited person to include a person subject to a firearm prohibition order
  • s. 189—application to be deemed not a prohibited person

See Firearms Act 1996 (Vic)(opens in a new window).

Sentencing Act 1991 (Vic)

  • s. 3—defines a supervision condition
  • s. 48E—supervision condition

See Sentencing Act 1991 (Vic)(opens in a new window).

Criminal Organisations Control Act 2012 (Vic)

  • s. 3—defines a 'declared individual' and 'declaration'
  • s. 14—chief commissioner may apply for a declaration
  • s. 19—court may make declaration
  • s. 38—chief commissioner may apply for a control order
  • s. 47—content of control orders for individuals

See Criminal Organisations Control Act 2012 (Vic)(opens in a new window).

Victoria Police

The Victoria Police website has information about who is eligible to hold a firearms licence. It discusses prohibited persons in the context of intervention orders. The site also explains the effect that a family violence intervention order has on a firearms licence.

See Victoria Police Firearms licensing Eligibility requirements(opens in a new window).

See also Victoria Police Firearms licensing Prohibition orders(opens in a new window).

Updated