Firearms

On this page

• Common firearms issues
• What is a prohibited person?
• Section 33A notices – licence refusal
• Applying to be deemed a non-prohibited person
• Firearms licence categories in Victoria
• Common firearms offences and penalties
• How we can help
• Frequently asked questions

Firearms law in Victoria is strict, and the consequences of getting it wrong are serious. At McMahon Criminal Defence Lawyers we regularly assist clients across Ballarat, Melbourne and regional Victoria with firearms licensing problems and firearms charges.

The most common issue we see is a person being deemed a prohibited person. This usually follows the final hearing of a Family Violence Intervention Order or Personal Safety Intervention Order. It can also arise when a person applies to Victoria Police for a licence and receives what is commonly called a section 33A notice — a notice that the police intend to refuse the application.

Whatever your situation — a licence refusal, a prohibited person declaration, or a criminal charge involving a firearm — early advice can make a real difference to the outcome.

Some people are not permitted by law to carry, own or possess firearms or other prohibited weapons. Under section 3 of the Firearms Act 1996 (Vic), you may be a prohibited person if you:

• are subject to a final Family Violence Intervention Order or Personal Safety Intervention Order (or an equivalent interstate or New Zealand order), or have been within the last five years;
• are serving, or have recently served, a term of imprisonment for an indictable offence, assault, or a drug or weapons offence;
• have been found guilty of a firearms offence in the last 12 months, or another indictable offence within the last 12 months;
• are subject to a Firearms Prohibition Order, a control order, or certain supervision orders.

Importantly, you can become a prohibited person automatically — whether or not the court that made the order said anything about your firearms licence. A respondent to a final intervention order generally remains a prohibited person for the duration of the order and for a further five years after it ends.

For the full list, see our comprehensive guide to prohibited persons.

If you apply to Victoria Police for a firearms licence and the police are not satisfied that you are a fit and proper person, they may issue a notice under section 33A of the Firearms Act setting out their intention to refuse your application. The notice gives you an opportunity to respond before a final decision is made.

How you respond matters. A well-prepared response — addressing the concerns raised with appropriate supporting material — can be the difference between keeping and losing your ability to hold a licence. If a licence is ultimately refused or cancelled, you may have a right to seek review of that decision. Time limits usually apply, so it is important to act promptly.

If you have been deemed a prohibited person because of a final intervention order, you can apply to the court for a declaration that you are not a prohibited person. This is known as a section 189 application.

The application is made to the same court that made the order against you — usually the Magistrates’ Court. You must give 28 days’ written notice to the court registrar, the Chief Commissioner of Police, and the person protected by the order. Victoria Police and the protected person are each entitled to appear and oppose the application. If it is opposed, the matter proceeds to a contested hearing. The court cannot hear your application until any appeal against the underlying order has been finalised.

The onus is on you to satisfy the court that allowing you to hold a licence will not put the protected person, or the wider community, at risk.

What does an application involve?

In practice, we:

• contact Victoria Police before the hearing to understand their position, because the court takes their views into account;
• gather information from you and guide you in obtaining character references and other supporting documents;
• prepare an affidavit setting out your case, which is provided to the police and the court; and
• represent you at the hearing, where you may give evidence based on that affidavit.

What does the court consider?

When deciding a section 189 application, the court will generally consider:

• whether firearms were involved in the circumstances that led to the intervention order;
• whether you have any prior convictions;
• whether you have a genuine and not unhealthy interest in firearms;
• whether you have substantial and legitimate reasons for wanting to hold a licence; and
• the views of Victoria Police.

Intervention orders — what to expect

Where an intervention order is in place, the affected family member protected by the order must be given 28 days’ notice of the hearing and will be invited to attend. They are not required to attend. If they do attend and give evidence at the request of police, we can seek to cross-examine them on that evidence.

Victoria has several categories of firearms licence, each tied to the type of firearm and a recognised “genuine reason” for holding it (such as sport or target shooting, hunting, primary production, or collecting). The main licence types are:

• Longarm licences — Categories A, B, C, D and E, covering rifles and shotguns of increasing power and capacity. Category A and B (commonly held together) cover the most common sporting and hunting longarms.
• Handgun licences — General Category and Category E handguns, typically held for sport or target shooting or for occupational reasons.
• Collector, heirloom and other specialist licences.

Every licence requires you to be a fit and proper person and to have and maintain a genuine reason. Losing your fit and proper status — for example, by becoming a prohibited person — puts your licence at risk.

Firearms offences in Victoria carry significant maximum penalties, including imprisonment. Common charges include:

• Possessing, carrying or using an unlicensed longarm — maximum penalty of 120 penalty units or 2 years’ imprisonment.
• Possessing, carrying or using an unlicensed handgun — maximum penalty of 240 penalty units or 4 years’ imprisonment.
• Possessing an unregistered firearm — separate offences apply to longarms and handguns.
• Possessing a traffickable quantity of unregistered firearms (more than two) — maximum penalty of 10 years’ imprisonment.
• A prohibited person possessing, carrying or using a firearm — one of the most serious firearms offences, carrying a maximum penalty of up to 10 years’ imprisonment.

These are maximum penalties; the sentence actually imposed depends on the charge, your circumstances and the facts of the case. If you are facing a firearms charge, it is important to get advice as early as possible.

We act for firearms owners, licence applicants and people charged with firearms offences throughout Victoria. We can:

• respond to a section 33A licence refusal notice from Victoria Police;
• prepare and run a section 189 application to be deemed a non-prohibited person;
• advise on firearms prohibition orders and how to respond to them;
• defend firearms charges in the Magistrates’ Court and higher courts; and
• advise on licensing, registration and your obligations as an owner.

We offer a free, confidential 30-minute consultation to discuss your matter and explain your options.

How long am I a prohibited person after an intervention order?

Generally for the duration of the final order and for a further five years after it ends, unless the court declares otherwise on a section 189 application.

Does an interim intervention order make me a prohibited person?

No. Only a final order triggers prohibited person status. An interim order can still affect your licence in the meantime.

Can I get my firearms licence back after being declared a prohibited person?

In many cases, yes — by making a section 189 application to the court. Success is not guaranteed and depends on your circumstances and the views of police and the protected person.

What should I do if I receive a section 33A notice?

Don’t ignore it. There are usually time limits to respond. Contact us promptly so we can help you prepare a response that addresses the police’s concerns.

Do you act outside Ballarat?

Yes. We assist clients in Ballarat, Melbourne and across regional Victoria.

For a more detailed explanation of prohibited persons, intervention orders and firearms prohibition orders, visit our comprehensive guide to firearms.

This page provides general information only and is not legal advice. For advice about your situation, please contact us.