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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.

1. What is a prohibited person?
2. Does a person have to be declared prohibited to be considered a prohibited person?
3. What makes a person prohibited?
4. How long is a person prohibited for?
5. Are respondents in intervention orders automatically considered prohibited?
6. Who can be deemed non-prohibited?

1. What is a prohibited person?

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.

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2. Does a person have to be declared prohibited to be considered a prohibited person?

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.

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3. What makes a person prohibited?

There are two scenarios that cause a person to be considered a prohibited person.

The first is being found guilty of specific criminal offences in Victoria or any other Australian State or Territory.

The second is being made the respondent in a final intervention order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Order Act 2010 in Victoria or equivalent legislation in other States and Territories.

The list of offences that cause a person to be considered prohibited can be found in section 3 of the Firearms Act.

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4. How long is a person prohibited for?

How long a person remains prohibited for depends on why they are considered a prohibited person.

If a person becomes prohibited because of criminal offending, they may remain prohibited anywhere from 12 months after being found guilty to 15 years after serving a term of imprisonment.

If a person becomes prohibited because they are a respondent in a final intervention order they will remain prohibited for five years after the expiry of the intervention order unless they are deemed to be non-prohibited by a Court.

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5. Are respondents in intervention orders automatically considered prohibited?

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.

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6. Who can be deemed non-prohibited?

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:

• Respondents subject to any final intervention order that does not include a condition that cancels a firearm licence, permit or authority;  A person who has been found guilty by an Australian Court in the past 12 months for:
• an offence against the Firearms Act ,where it was possible to receive a term of imprisonment but one was not given;
• an offence against any other Act involving the possession or use of firearms where it was possible to receive a term of imprisonment but one was not given; or
• an indictable offence against any Act where it was possible to receive a term of imprisonment but one was not given.

For more information about how to make a section 189 application visit the Victoria Police webpage regarding the section 189 application process.

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