Message from the Chief Commissioner

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Prohibited persons

Release date: Thu 29 December 2011

Last updated: Thu 27 March 2014

The Firearms Act 1996 provides that certain individuals or 'prohibited persons' may be barred from:

  • Possessing, carrying or using a firearm
  • Obtaining a firearm licence
  • Retaining a firearm licence.

Section 3 of the Firearms Act 1996 outlines the full range of offences, orders and court outcomes that could result in you being classified as a 'prohibited person'.

For specific legal advice, you should consult the Act or a legal professional.

Broadly however, there are two scenarios that result in a person becoming 'prohibited'. These are:
Certain criminal offences where the court outcomes include findings of guilt, convictions, community based orders or terms of imprisonment

Criminal offences

You will be considered 'prohibited' for 12 months if you are found guilty by any Australian state or territory court of:

  • an offence against the Firearms Act 1996 for which a court could impose a term of imprisonment
  • an offence against any other act involving the possession or use of firearms and for which a court could impose a term of imprisonment
  • an indictable offence.

Examples of prohibited offences and court results (PDF).

Court orders

You will automatically be considered 'prohibited' if you are subject to a:

You are prohibited from the time the order commences until five years after the order has expired. Your ability to make an application to be deemed non-prohibited will depend in part on whether there are any firearm clauses attached to the order.
 

 
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