Application to be Deemed not a Prohibited Person

Have you been declared a prohibited person under section 3 of the Firearms Act?

Under Section 189 of the Firearms Act 1996, being declared a prohibited person can have serious implications, particularly regarding your ability to possess a firearm. This classification often arises from situations such as being subject to an intervention order, which many individuals may agree to without fully understanding the long-term repercussions.

Consent to an intervention order may seem like a way to resolve a matter quickly, but it can result in being classified as a prohibited person for five years following the order’s expiry.

To regain the ability to possess a firearm during this period, individuals must take proactive steps, including applying to the court to be declared a non-prohibited person.

Section 189 Application to Be Deemed Not to Be a Prohibited Person:

1. Eligibility to Apply:

Individuals who fall under specific paragraphs of the prohibited person definition can apply for a declaration that they are deemed not to be prohibited due to having been subject to a final order.

2. Limited Purposes:

The application can be for a complete revocation of prohibited status or for limited purposes, depending on individual circumstances.

3. Application Procedure:

The person must provide written notice of their application to the court, the Chief Commissioner, and, in certain cases, the individual protected by the final order, at least 28 days prior to the hearing.

4. Court Hearing:

The Chief Commissioner and the protected individual have the right to appear before the court to be heard on the application.

5. Court Jurisdiction:

The application must be heard in the appropriate court, depending on the type of order that led to the prohibited classification.

6. Pending Appeals:

The court cannot hear the application until any related appeals concerning the intervention or supervision orders have been resolved.

What happens next?

If you find yourself classified as a prohibited person due to an intervention order but require a firearms licence, it is essential to act promptly.

Contacting an experienced criminal lawyer at MK Law can help you navigate the complexities of the law and the application process. Your lawyer can assess your situation, determine your eligibility, and assist in lodging an application under Section 189 to have your status as a prohibited person revoked. This is a critical step towards regaining your ability to possess a firearm legally, ensuring that you comply with the law while addressing your personal needs. Call 1800 130 120 today.