Prohibited Person Status
Release date: Thu 29 December 2011
Last updated: Mon 15 January 2018
Information on this page has been developed by the Licensing and Regulation Division to assist the public understand what a prohibited person is under the Firearms Act 1996 (the Firearms Act).
Advice on this page is general in nature and may be of assistance to you, however, the Licensing and Regulation Division does not guarantee that the information here is wholly appropriate to your circumstances.
We cannot provide advice regarding person's criminal history and if that history would cause them to be considered a prohibited person. Anyone needing specific legal advice should consult the Firearms Act or seek independent legal advice.
A prohibited person is someone who cannot be issued a firearms licence, allowed to retain a firearms licence or possess, use or carry a firearm.
No. Under the Firearms Act, the designation of being a prohibited person is a status. This means that a person is not declared prohibited person, they automatically become one if they meet the definition provided in section 3 of the Firearms Act.
There are two scenarios that cause a person to be considered a prohibited person.
How long a person remains prohibited for depends on why they are considered a prohibited person.
Only respondents in final intervention orders are considered prohibited. They remain prohibited for five years after the expiry of the intervention order unless they have been deemed non-prohibited by a Court.
Respondents in interim intervention orders are not considered prohibited, but must abide by any firearm clauses included in an interim order.
For more information about firearm ownership and intervention orders visit the Victoria Police webpage on intervention orders and firearms.
Not all prohibited people can apply to the Court to be deemed non-prohibited under the provisions afforded in section 189 of the Firearms Act.
The only prohibited persons who can apply to the Court to be deemed a non-prohibited person are:
For more information about how to make a section 189 application visit the Victoria Police webpage regarding the section 189 application process.