Restrictions on an Application for a Licence Following Cancellation
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Prohibited Person Possessing Firearms
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Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
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A non - prohibited person possessing, carrying, or using an unregistered longarm
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Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
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Possessing, carrying or using an unregistered handgun
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Possession of a Traffickable Quantity of Unregistered Firearms
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Using a firearm to resist arrest
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Immediate Cancellation of a Licence
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Cancellation of a Licence Held by a Non-Resident
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Suspension of a Licence and Notice of Proposal to Cancel
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Suspension of a Firearms Licence for Certain Prohibited Persons
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Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
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Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
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Storage of Firearms under Longarm and Handgun Licences
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Permit to Store Handguns
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Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
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Storage of firearms under dealer licences
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Possession of Cartridge Ammunition
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Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
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Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
If your firearms licence is cancelled under section 49 of the Firearms Act 1996 (FA), you may face restrictions on applying for another licence, as outlined in section 49A of the FA.
Key Considerations:
When determining if you’re restricted from applying for a new firearms licence due to a previous cancellation, the Chief Commissioner will assess the following:
- Cancellation Period:
Your licence may be cancelled for a specified period, which cannot exceed 12 months from the date of cancellation. If no specific period is stated, the general rule applies, restricting you from reapplying until 12 months have passed since cancellation.
- New Licence Application:
An application for the same type of licence will be considered a new application, not a renewal of the cancelled licence.
Where will this case be heard?
Violations related to applying for a firearms licence after a cancellation are typically addressed in the Magistrates or County Court of Victoria.
What penalties can I expect?
Severe penalties may apply, including:
- Refusal of your new licence application
- Possible imprisonment
- Financial penalties (either conviction or non-conviction)
Note: 1 penalty unit is equivalent to $161.19. The Victorian Department of Treasury and Finance reviews and updates financial penalties annually, so maximum penalties may change.
Questions and Next Steps:
To assess your likelihood of successfully defending against restrictions on reapplying for a firearms licence, consider the following:
- Did the prosecution provide the correct particulars regarding the charges against you?
- Does the Chief Commissioner have a strong case to justify restricting your licence application?
- Should you plead guilty or not guilty in a contested hearing?
- What is the evidence link, and is it clear?
- How did the breach occur, and when?
- Have you faced similar restrictions before?
- What reasons can you provide to justify the need for a new licence?
- Do you have a lawful reason or defence to support your application?
These questions are critical, and legal assistance can help formulate a strong case.
Possible Defences to consider:
If you intend to plead not guilty regarding the restriction on your application due to prior licence cancellation, consider the following defences, tailored to your unique circumstances:
- Lack of proof from the Chief Commissioner to justify restricting your licence application.
- Factual disputes or wrongful identification.
- Honest and reasonable mistake of fact—believing you still hold a valid licence.
- Necessity, duress, or extraordinary emergency circumstances.
Our experienced criminal defence lawyers understand the complexities surrounding licence restrictions after cancellation and can guide you through the legal process. We will work closely with you to ensure your rights are protected and explore all avenues for reinstating your licence, considering all relevant evidence and witness testimonies.
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Prohibited Person Possessing Firearms
-
Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
-
A non - prohibited person possessing, carrying, or using an unregistered longarm
-
Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
-
Possessing, carrying or using an unregistered handgun
-
Possession of a Traffickable Quantity of Unregistered Firearms
-
Using a firearm to resist arrest
-
Immediate Cancellation of a Licence
-
Cancellation of a Licence Held by a Non-Resident
-
Suspension of a Licence and Notice of Proposal to Cancel
-
Suspension of a Firearms Licence for Certain Prohibited Persons
-
Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
-
Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
-
Storage of Firearms under Longarm and Handgun Licences
-
Permit to Store Handguns
-
Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
-
Storage of firearms under dealer licences
-
Possession of Cartridge Ammunition
-
Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
-
Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
Testimonials
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St Kilda, Victoria 3182
1800 130 120
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. ... Read MoreI would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. Michael was well prepared, taking onboard all the information, with communication all the way. He clearly explains all the outcomes and was by my side every step of the way. A genuine caring lawyer that has your best interest. Read Less55/5
What happens next?
Once you reach out to our legal team, we will schedule a consultation to thoroughly review your case and the circumstances surrounding the application of your firearms licence following cancellation. Our lawyers will help you gather and analyse evidence, craft a compelling argument for your defence, and prepare your written application for review to the Committee.
If necessary, we will assist you in preparing for hearings, guiding you through the process while ensuring you are informed of your rights and options at every stage. Our commitment is to advocate for your interests and strive to achieve the best possible outcome, including the reinstatement of your firearms licence.
For immediate assistance and free legal advice, contact our experienced team of criminal defence lawyers 24/7 at 1800 130 120 or visit marcus@mklawfirm.com.au.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au