Firearms

Question 1

Licence revocation

Answer 1

Once it has been established that a person has fallen under one of the provisions under section 24A(1) or (2), the fit and proper assessment can continue. Before a licence holder can be considered not fit and proper, Police should consider:
• the severity and recency of the circumstance(s) (specific behaviours, offending), both individually and then
• collectively when considered overall. This takes into account all other matters deemed to be relevant.

Question 2

Impact of FV Act on Firearms Licence

Answer 2

PSO

Under section 40 of the Family Violence Act 2018 a person’s firearms licence is suspended while a Police Safety Order that been issued is in force.
Under section 37 of the Family Violence Act 2018 the bound person must immediately surrender to a constable their firearms licence and any weapons
in their possession or under their control.

Standard conditions of PO:

It is a standard condition of every protection order (s98) that a respondent must:
• not possess or have under their control any weapon (which includes a firearm), and
• not hold a firearms licence, and
• surrender to a constable on demand any weapon and firearms licence in their possession or control.

Question 3

Purpose of the FA Act

Answer 3

The purposes of the Act are to:
• promote the safe possession and use of firearms and other weapons
• impose controls on the possession and use of firearms and other weapons.

Question 4

Fit and proper is crucial to whether a FA Licence should be issued, suspended or revoked.

Answer 4

Police will review a person’s fit and proper status, and correspondingly the continuation of their firearms licence when they demonstrate:
• unlawful, dangerous, or unsafe behaviour, or
• non-compliance with licence, endorsement or permit conditions, or
• behaviour which indicates lack of judgement, or
• poor decision making.