1. Protection orders

Question 1

When must Police serve protection orders?

Answer 1

• When the respondent holds a firearms license
• The respondent is believed to be in possession of or have access to a firearm
• When there is significant risk to the server
• When the protection order is granted without notice.

Question 2

What is the condition of every protection order in relation to weapons?

Answer 2

The respondent must not possess or have any weapon (firearm, airgun, pistol, restricted weapon, ammunition or explosive) under their control or hold a firearms license.

Question 3

When must the protection order respondent surrender weapons to Police?

Answer 3

As soon as practicable after the protection order is served on them (and within 24 hours of the service)

and

on demand made at any time by the constable.

Question 4

What happens to a persons firearms license where a protection order is requested?

Answer 4

Any firearms license held by the respondent will be deemed to be suspended.

When the protection order becomes final, the license is deemed to be revoked.

Question 5

Can Police approve the issue of a firearms license whilst there is a protection order against the applicant?

Answer 5

No.

Question 6

What must you do if you identify someone who has a protection order and a FLIC?

Answer 6

You must notify an Inspector or above to consider revocation of the firearms license under section 27 of the Arms Act 1983.

Question 7

What should Police do if they become aware of a protected person seeking to discharge a protection order?

Answer 7

Every effort should be made to oppose the application when history of the parties indicates the protection order should stay in place.