Can I get my firearms licence back after an IVO?

Intervention Orders can be made under various pieces of legislation. 

A respondent in a final intervention order is considered a prohibited person for the duration of the order and for five years after the expiry of the order.

A prohibited person cannot be issued a firearms licence, allowed to retain a firearms licence or possess, use or carry a firearm.

Respondents in final intervention orders that do not contain conditions cancelling firearms licences, permits or authorities are eligible to make an application to be deemed non-prohibited under section 189 of the Firearms Act 1996.

Respondents in final intervention orders that do contain conditions cancelling firearms licences, permits or authorities are ineligible to make an application to be deemed non-prohibited unless the order is first varied to remove the firearms conditions.

This area of law can be complex, and can have serious consequences. Let's dive into the intricacies surrounding this matter and understand the implications of an intervention order on one's firearms licence.

What is an Intervention Order?

An intervention order, commonly known in some jurisdictions as a restraining or protection order, is a civil order to protect one person from another's harmful actions or threats. Typically, these are issued in cases of domestic violence, stalking, or harassment. The order can impose various restrictions on the respondent, including prohibiting them from approaching or contacting the protected individual. A breach of an intervention order is a criminal offence. 

Implications of an IVO on Firearms

Once an intervention order is granted, specific legal consequences, especially concerning firearms, come into play.

Interim Orders can contain conditions that suspend the respondent’s Firearms Licence. An interim order can be made in the absence of the respondent, and becomes operable once it is served on the respondent. 

If a Final Order is made (even if by consent, without admissions), the respondent becomes a prohibited person for the duration of the order and for five years after the expiry of the order.

A prohibited person cannot be issued a firearms licence, allowed to retain a firearms licence or possess, use or carry a firearm.

If a prohibited person possesses, carries or uses a firearm, they are committing a serious criminal offence. 

Application to become a Non-Prohibited Person

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; or a person who has been found guilty by an Australian Court in the past 12 months for:

• an offence against the 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
• an indictable offence against any Act where it was possible to receive a term of imprisonment but one was not given

To be deemed non-prohibited you must make an application to the Court under section 189 of the Firearms Act 1996. You must lodge the application within the same jurisdiction that heard the matter that made you a prohibited person. For example, if your final intervention order matter was heard at the Magistrates' Court you must lodge your application with the Magistrates' Court.

If you became prohibited as a result of a criminal matter heard in a State or Territory other than Victoria or because of a final intervention order issued in a State or Territory other than Victoria, your section 189 application must be lodged with the Supreme Court of Victoria.

You are required to give the Chief Commissioner 28 days' notice of your application. The Court where you lodged your section 189 application will do that for you by forwarding a copy to the Licensing and Regulation Division. In the case where there is an intervention order, Affected Family Members (or Protected Persons) will be interviewed as to whether they oppose the application.

If the Affected Family Members wish to oppose, police will usually support them. In some cases, police will decide to oppose the application even in the absence of Affected Family Member opposition.

Factors Considered by the Court 

The legislation does not specifically set out what a Court must consider when determining whether to deem someone a non-prohibited person. 

Cases decided in the higher courts show that the Court should consider:

1. Whether the application is opposed;
2. The purposes for which the applicant seeks to have a firearms licence (for example, whether for work; sport or recreation);
3. Whether the applicant has a genuine and healthy interest in firearms and legitimate reasons for wanting to hold a firearms licence;
4. Whether the intervention order application made mention of firearms; 
5. Family violence history;
6. Criminal history;
7. Prior allegations involving firearms. 

Here's a more detailed look at some pivotal factors:

Nature of the Original Offence:

• Severity and Context: The exact circumstances that led to the issuance of the intervention order are scrutinised with rigour. Was it a result of a one-time, minor misunderstanding or a more grave and continuous issue like chronic domestic abuse or threats? The gravity of the offence plays a significant role in the assessment.

Individual's History:

• Previous IVOs: A single intervention order might be viewed in a different light compared to multiple instances. If a pattern of behaviour leads to several intervention orders, the individual's commitment to responsible firearm ownership can be questioned.
• Criminal Convictions: Other criminal convictions, especially those related to violence or reckless behaviour, may weigh heavily against the applicant. Such a history can paint a picture of an individual potentially unfit to possess a firearm from a societal safety perspective.

Time Since the Order:

• Duration Matters: A significant time lapse since the order's expiration, especially if it's coupled with good behaviour, can strengthen the applicant's case. It suggests that the individual reflected upon and rectified their behaviour.
• Subsequent Conduct: It's not just about the time elapsed but also how that time was spent. If the period post the order was marred with further legal issues or infractions, even if unrelated to the original offence, it could diminish the chances of a successful reapplication.

Understanding these factors and preparing for the reapplication process, keeping them in mind can be instrumental in shaping the outcome. It's about not just meeting legal criteria but also demonstrating genuine responsibility and understanding of the consequences of one's actions.

Reapplying for your Firearms Licence 

Once you have been declared a non-prohibited person, you can apply to have your firearms licence reinstated. Having legal assistance to prepare submissions on your behalf ensures the best chances of success. 

If your firearms licence was cancelled prior to the application you will need to apply for a new firearms licence.

The Role of a Criminal Lawyer

Navigating the complexities of the legal system, especially concerning the sensitive interplay of intervention orders and firearms licences, is a task best entrusted to professionals.

• Expert Guidance: A seasoned criminal lawyer can provide invaluable advice on the best steps to take, ensuring that all legal avenues are explored and rights upheld.
• Representation in Reapplication: The reapplication process can be intricate and demanding. Having a lawyer represent your case can significantly enhance your chances of a favourable outcome.

Intervention Orders and the Path Forward With Criminal Lawyers in Melbourne

While essential for protecting individuals from potential harm, an intervention order can have lasting implications on your right to a firearms licence. Understanding the complexities surrounding this issue and seeking the guidance of a proficient criminal lawyer can be pivotal in reclaiming your licence. The intersection of safety concerns and individual rights is delicate, underscoring the importance of expert legal navigation.