Family Violence and Firearms in Victoria: What Happens to Your Licence and Weapons

A family violence intervention order or family violence charge has immediate and automatic consequences for any firearms licence and any firearms held by the respondent. These consequences arise from the order being made or the charge being laid, without any separate proceedings being required. Understanding what those consequences are and how to manage them is important for anyone affected.

This is general information only and is not legal advice for any specific matter.

The Firearms Consequences of a Family Violence Intervention Order

What happens to a firearms licence when an intervention order is made?

Under the Firearms Act 1996 (Vic), a person who is subject to a family violence intervention order that contains conditions relating to firearms is prohibited from holding a firearms licence and from possessing, carrying, or using a firearm. The consequence is automatic and does not require a separate administrative decision. Where an interim intervention order is made, the firearms consequences apply from the time the interim order is in force. The licence is effectively suspended for the duration of the order.

What must happen to firearms held by the respondent when an order is made?

Where an intervention order results in the respondent being prohibited from possessing firearms, any firearms held by the respondent must be surrendered to police. The obligation to surrender arises from the order being made and does not require a separate direction from police in every case. Failure to surrender firearms when required to do so is a separate offence under the Firearms Act 1996 (Vic). The process for surrendering firearms, and the documentation required, should be confirmed with police or with a lawyer.

Do the firearms consequences apply even if the order does not mention firearms?

The Family Violence Protection Act 2008 (Vic) provides that certain conditions are implied into every family violence intervention order, including conditions relating to firearms where the respondent is subject to the order. The specific terms of the order and the interaction with the Firearms Act 1996 (Vic) determine exactly what consequences apply. Where there is any uncertainty about the firearms consequences of a specific order, legal advice should be sought before taking any action with respect to firearms or a licence.

The Firearms Consequences of Family Violence Criminal Charges

Does a family violence criminal charge affect a firearms licence?

A family violence criminal charge can affect a firearms licence independently of any intervention order. The Chief Commissioner of Police has the power to suspend or cancel a firearms licence where a person has been charged with a relevant offence. The exercise of that power is discretionary but is exercised routinely in family violence matters. A person whose licence is suspended or cancelled by police action following a charge may apply for review of that decision, but the review process takes time and the suspension or cancellation remains in force during the review.

What about firearms held for business or occupational purposes?

Where firearms are held for business or occupational purposes, such as for security work or primary production, the consequences of an intervention order or a charge for the business or occupation can be severe. The inability to hold a firearms licence may prevent the person from continuing in their occupation. The business consequences of the firearms restrictions need to be managed alongside the legal proceedings, and early engagement of legal advice is particularly important where occupational firearms use is involved.

What is the process for regaining a firearms licence after an intervention order?

After a family violence intervention order has ended and all conditions have been complied with, a person may apply to regain a firearms licence. The application is subject to assessment by the Chief Commissioner of Police and is not automatically granted. The outcome of the criminal matter, if any, is relevant to the assessment. The prior existence of an intervention order is a factor in the assessment of whether a licence should be granted. Legal advice about the application process and the factors likely to be considered is advisable.

Practical Steps

What should I do about firearms immediately after being served with an intervention order?

Read the order carefully to understand its conditions. Contact a lawyer immediately to understand the exact firearms consequences of the specific order. Do not handle, move, or access any firearm until you have obtained legal advice about your obligations. If you are required to surrender firearms, arrange to do so as promptly as possible through the correct process. Failing to comply with firearms obligations under an intervention order is a separate criminal offence.

What if my firearms are needed for work?

Where firearms are necessary for work and an intervention order or charge has affected the ability to hold a licence, seek legal advice immediately about the options available. These may include challenging the conditions of the intervention order, seeking review of a licence suspension or cancellation, or making arrangements for firearms to be held by another licensed person in the interim. The options available depend on the specific circumstances and the type of licence and firearms involved.

What about ammunition and other weapons covered by the Firearms Act?

The Firearms Act 1996 (Vic) also covers ammunition and certain weapons that are not strictly firearms. The obligations arising from an intervention order or a charge may extend to these items as well as to firearms themselves. Specific advice about the full extent of the obligations in any particular matter is advisable rather than assuming that obligations are limited to the firearms themselves.

The Control of Weapons Act

Does the Control of Weapons Act apply in family violence matters?

The Control of Weapons Act 1990 (Vic) governs offensive weapons and other items that are not firearms. A family violence intervention order that contains conditions relating to weapons or offensive items can affect the respondent's ability to possess certain items covered by that Act. The interaction between the intervention order conditions and the Control of Weapons Act 1990 (Vic) depends on the specific wording of the order and the items concerned.

Can the court vary an intervention order to remove or modify firearms conditions?

The court can vary an intervention order, including its conditions relating to firearms, on application. The threshold for variation is high, particularly where the protected person opposes the application or where the safety concerns that led to the original order remain present. An application to vary firearms conditions requires evidence that the variation would not compromise the safety of the protected person, and must be served on and considered in light of the protected person's position.

What is the best approach where my livelihood depends on holding a firearms licence?

Where a firearms licence is essential to livelihood, the consequences of an intervention order or charge are particularly serious and require urgent legal attention. The options available, including challenging the intervention order conditions, applying for review of a licence suspension, and making interim arrangements for firearms, each depend on the specific circumstances. Early legal advice gives the best chance of minimising the disruption to livelihood while the matter is being resolved.

Selection of Counsel

What should I look for in a lawyer for family violence and firearms matters?

Matters where a family violence intervention order or charge has firearms consequences require practitioners familiar with both the Family Violence Protection Act 2008 (Vic) and the Firearms Act 1996 (Vic), and their interaction. Where occupational firearms use is involved, familiarity with the licensing framework for the relevant category of licence is also relevant. The urgency of the firearms issues often means that legal advice is needed before the first court date.

When should I engage a lawyer?

Immediately on being served with an intervention order that has firearms conditions, or on being charged with a family violence offence where a firearms licence is held. The firearms consequences arise automatically and promptly, and the options for managing them are best explored before any action is taken with respect to firearms or a licence.

What happens to firearms that have been surrendered if the intervention order ends?

Where firearms have been surrendered to police as a result of an intervention order, and the order has ended, an application to have the firearms returned and the licence restored can be made. The application is subject to assessment and is not automatically granted. The circumstances that led to the intervention order, the outcome of any related criminal proceedings, and the period of time that has elapsed are all relevant to the assessment. Legal advice about the process and prospects of a successful application is advisable before proceeding.

Selecting the right legal representation in family violence and firearms matters depends on the specific circumstances, the court involved, and the stage the proceedings have reached. IVO Lawyers Melbourne is among the finest Melbourne practices with experience in this area of law. Engaging a lawyer at the earliest opportunity, before any court appearance or police interview, is consistently the step that most affects what options remain available.