Clarity Law

Specialist Criminal Law Firm Queensland
Monday, 04 December 2023 16:09

What happens to my firearms licence if I am subject to a Domestic Violence Order?

Written by
Rate this item
(1 Vote)

gun licence DVO

So what happens to my firearms if a DVO is placed on me?

This is a common question, and one not often understood by people who are going through the process of a Domestic Violence Order.

Having a domestic violence order made against you can have a number of impacts on an individual, including consequences that you did not foresee. One such consequence is the effect on a person’s weapons licence or their ability to get a weapons licence.

 

What does the law say?

The Weapons Act provides that when a person is placed on a temporary protection order, Police Protection Notice or release conditions, their licence is suspended whilst that order, notice or conditions are in force.

The Weapons Act further provides that if a person is subject to a finalised Domestic Violence Order, then their licence is revoked.

 

When does the suspension/revocation take effect?

The suspension or revocation of your firearms licence takes place at the earlier of the following times:

  1. If you are in court when the notice or order is made; or
  2. Once you are served the notice or order.

Effectively, this means that if you attend court and have a Temporary Protection Order or finalised Domestic Violence Order made against you, the suspension or revocation is effective from that time.

If you do not attend court and/or an order is made in your absence, then the suspension/revocation will be effective once the notice or order has been served to you.

Example –

  • John attends the Southport Magistrates Court when Joan has made an application for a Domestic Violence Protection Order against John. John attends court and a final order is made with John as the Respondent. John’s licence is now revoked from that time and John must arrange for the surrender of his licence and firearms.
  • Ross has made an application for protection from his former partner Rachel, who has a weapons licence for sport shooting. Rachel does not attend court nor is legally represented at the court date. A Temporary Protection Order is made for Ross’ protection in Rachel’s absence. The Queensland Police Service call Rachel to attend the Hervey Bay Police Station. Rachel attends 4 days later and is served with a Temporary Protection Order. Rachel’s weapons licence is now suspended from the time she was served that order.

 

What do I do if my licence is suspended or revoked?

Once your licence has been suspended or revoked, you are required to surrender your firearm to an authorised firearms dealer or a police station within 1 day. The rules of transporting your firearm still remain in force.

 

What should I do if I have a weapons licence and proceedings are taken against me?

It is important to obtain legal advice from experienced criminal and domestic violence lawyers, like Clarity Law.

An experienced practitioner can review the application and give advice regarding prosects of successfully defending an application.

 

Conclusion

This article is by no means a comprehensive guide to the impact a Domestic Violence order can have on a person and their obligations with regards to firearms, but serves to give a base understand of the impact an order can have once the process has commenced.

Read 65 times
Jack Marshall

Jack is a former soldier and now a criminal defence lawyer with Clarity Law. He helps clients navigate the court process and get the best results.