Restrictions on an Application for a Licence Following Cancellation

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.

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.