Suspension, Refusal & Revocation Of A Licence Or Permit

For all enquiries regarding Suspensions/Refusals/Revocations contact the Firearms Registry Review and Assessment Unit at email: review-assess@police.nsw.gov.au.

SUSPENSION OF A FIREARMS LICENCE OR PERMIT

What is a suspension?

A suspension is a temporary holding status for a licence or permit which prohibits the possession and use of firearms during the specified suspension period. A suspension is used when there is a mandatory requirement under the firearms and prohibited weapons legislation, or when there is a critical or urgent need, for reasons of public safety, to prevent a person's access to firearms or prohibited weapons until the matter can be resolved.

What are the reasons for suspension?

Section 22 (1) of the Firearms Act 1996 provides for the discretionary suspension of a firearms licence for any reason for which the licence may be revoked. Section 30 (4) of the Firearms Act 1996 has identical provisions for firearms permits. Prohibited Weapon Permits are covered under Section 16 (1) of the Weapons Prohibition Act 1998.

Section 22 (2) of the Firearms Act 1996 provides for the mandatory suspension of a firearms licence if a person is charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or there is reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act. Section 16 (2) of the Weapons Prohibition Act 1998 has the same provisions with respect to prohibited weapon permits.

Section 23 (1) of the Firearms Act 1996 provides for the automatic suspension of a firearms licence if the licence holder becomes subject to an Interim Apprehended Violence Order. Section 17 of the Weapons Prohibition Act 1998 provides for the automatic suspension of a prohibited weapon permit if the permit holder becomes subject to an Interim Apprehended Violence Order.

When does a suspension take effect?

A suspension takes effect when the Notice of Suspension is served.

In the case of and Interim Apprehended Violence order, the suspension is automatic and remains in place until the order is confirmed or revoked.

In the majority of cases the police serve a suspension notice on the licence or permit holder but in some cases the suspension notice can be prepared and sent from Firearms Registry. A suspension notice can be served either personally or by post and will state the grounds for suspension.

What is the effect of the suspension?

Once a licence or permit has been suspended the person must not possess or use firearms/prohibited weapons unless the term of the suspension has expired or the suspension has been lifted.

Your firearms/prohibited weapons and firearms licence or permit must be surrendered to police.

Section 25 (2) & Section 30 (7) of the Firearms Act 1996 authorise police to seize any firearms in possession of a person who has been served with a suspension notice. Section 19 (2) of the Weapons Prohibition Act 1998 authorises police to seize any prohibited weapons in possession of a person who has been served with a suspension notice.

In addition, Section 25 (1) of the Firearms Act 1996 and Section 19 (1) of the Weapons Prohibition Act 1998 require a person to surrender any firearm/prohibited weapon and the licence/permit upon suspension.

What happens to my firearms or prohibited weapons while my licence or permit is suspended?

Your firearms/prohibited weapons will remain with police until notification is received that your suspension has been lifted and your licence or permit re-instated.

What can I do if I don't agree with the suspension?

The decision to suspend the licence/permit is not one which you may have reviewed by the Firearms Registry or the Administrative Decisions Tribunal. However, you may write to the Commissioner and give reasons why the licence or permit should not be revoked.

REFUSAL OF A FIREARMS LICENCE OR PERMIT

What is a Refusal?

Certain criminal history may prevent a person from obtaining a firearms licence in NSW or from having their existing licence or permit re-issued. A refusal applies to a new application or a re-application. For what reasons could my application or re-application be refused?

Section 11 & Section 29 of the Firearms Act 1996 and section 10 of the Weapons Prohibition Act 1998 provide all the restrictions on the issue of licences and permits. This list of grounds for refusal is an example and not exhaustive.

A firearms licence or permit must be refused if the applicant:

• Is not a NSW resident (licence only).
• Is under 18 years of age (licence only).
• Is considered to be not fit and proper to possess firearms without danger to public safety or to the peace.
• Has not completed the required firearms safety training course.
• Does not have a genuine reason/legitimate reason for obtaining the licence or permit.
• Is subject to an Apprehended Violence Order (AVO), or has been subject to and AVO within the last 10 years.
• Is subject to a good behaviour bond for a prescribed offence.
• If a person is subject to a firearms or weapons prohibition order.
• A person has been convicted within the last 10 years for an offence prescribed by the regulations.

A prescribed offence is for offences involving firearms or weapons, prohibited drugs, violence, offences of sexual nature or involving fraud, dishonesty, stealing, robbery or offences relating to terrorism. Clause 5 of the Firearms Regulation 2006 lists all the prescribed offences.

When does a refusal take effect?

A refusal takes effect when the Notice of Refusal is served. A Notice of Refusal is issued by the Firearms Registry and will have the reason for refusal included in the Notice and any appeal rights.

A Notice of Refusal may be served by police or posted. The method of service will generally depend on whether firearms exist and require to be seized.

What is the effect of the refusal?

Once a licence or permit has been refused, and the Notice served, the person is no longer authorised to possess or use firearms/prohibited weapons and the registration of any firearms may be cancelled.

Your firearms/prohibited weapons and your licence or permit must be surrendered to police.

Police have the authority to seize firearms upon cancellation of registration - see section 35 (3) of the Firearms Act 1996.

In addition, Section 7 (1) and 7A (1) of the Firearms Act 1996 and Section 7 (1) of the Weapons Prohibition Act 1998 provide an offence of unauthorised possession of a prohibited firearm, pistol, firearm or prohibited weapon without the authority of a licence or permit.

What can I do if I don't agree with the refusal?

You have a right of review of the refusal of your firearms licence or permit (other than a refusal for a permit for a prohibited firearm) - see section 75 of the Firearms Act 1996 and Section 35 of the Weapons Prohibition Act 1998.

• FACT Sheet - Right of Review (PDF, 0.2MB)

What happens to my firearms or prohibited weapons after my licence or permit has been refused?

Your firearms/prohibited weapons will remain with police.

If you request a review of the decision to refuse your application or re-application and the review is successful, you may retrieve your firearms from police upon notification from the Firearms Registry and production of a valid firearms licence or permit.

If you do not request a review or your refusal is upheld at review, you may instruct police to destroy the firearms or dispose of your firearms via a Firearms Dealer.

REVOCATION OF A FIREARMS LICENCE OR PERMIT

What is a revocation?

Certain criminal behaviour may prevent a person from continuing to hold a firearms licence or permit in NSW. A revocation applies to an existing licence or permit.

For what reasons could my licence or permit be revoked?

There are automatic, mandatory and discretionary grounds for revoking a firearms licence or permit.

Automatic grounds for revocation

A licence is automatically revoked if a person becomes subject to an Apprehended Violence Order or a Firearms Prohibition Order - see section 24 (1) of the Firearms Act 1996 and section 18 of the Weapons Prohibition Act 1998.

Mandatory grounds for revocation

A licence held for the purpose of employment by an armed security guard must be revoked:

• If the licensee fails to undertake firearms safety training each year, or
• If the licence is a P1F licence held under the Security Industry Act 1997 and that licence is revoked, or
• The P1F licence holder contravenes any condition of their firearms licence.

Discretionary revocation

This list of grounds for revocation is an example and not exhaustive - see sections 11 and 24 of the Firearms Act 1996, clauses 19 and 20 of the Firearms Regulation 2006 and section 18 of the Weapons Prohibition Act 1998.

A licence may be revoked:

• For any reason the licensee would be refused a licence of the same kind,
• Knowingly providing false and misleading information in relation to a licence application,
• Contravening any provision of the Firearms Act or Regulation, whether or not a conviction has been recorded for the offence,
• Contravening a condition of the licence,
• If, in the opinion of the Commissioner, the person is no longer a fit and proper person to hold a licence,
• If the Commissioner is satisfied that it is not in the public interest for a person to continue to hold a licence.

Section 30 (4)(a) of the Firearms Act 1996 provides for the revocation of a firearms permit for any reason for which a licence may revoked.

Section 18 of the Weapons Prohibition Act 1998 provides for the same grounds for the revocation of a prohibited weapon permit as that for which a licence may revoked.

The associated Regulations prescribe other reasons for which a licence or permit may be revoked.

When does a revocation take effect?

A revocation takes effect when the Notice of Revocation is served or on a later date specified on the notice. A Notice of Revocation is issued by the Firearms Registry and will have the reason for revocation included in the Notice and any appeal rights.

A Notice of Revocation is served by police or by post. The method of service will generally depend upon whether firearms exist and require seizure.

What is the effect of a revocation?

Once a licence or permit has been revoked the person is no longer authorised to possess or use firearms/prohibited weapons and the registration of any firearms is cancelled.

Your firearms/prohibited weapons and your licence or permit must be surrendered to police.

Police have the authority to seize firearms upon cancellation of registration - see section 35 (3) of the Firearms Act 1996.

Section 25 (2) & Section 30 (7) of the Firearms Act 1996 authorise police to seize any firearms in possession of a person who has been served with a revocation notice. Section 19 (2) of the Weapons Prohibition Act 1998 authorises police to seize any prohibited weapons in possession of a person who has been served with a revocation notice.

Section 25 (1) of the Firearms Act 1996 and Section 19 (1) of the Weapons Prohibition Act 1998 require a person to surrender any firearm/prohibited weapon and the licence/permit upon revocation.

In addition, Section 7 (1) and 7A (1) of the Firearms Act 1996 and Section 7 (1) of the Weapons Prohibition Act 1998 provide an offence of unauthorised possession of a prohibited firearm, pistol, firearm or prohibited weapon without the authority of a licence or permit.

What can I do if I don't agree with the revocation?

You have a right of review of the revocation of your firearms licence or firearms permit (other than a revocation of a licence or permit on the basis of an apprehended violence order or firearms prohibition order) - see section 75 of the Firearms Act 1996 and Section 35 of the Weapons Prohibition Act 1998.

• FACT Sheet - Right of Review (PDF, 267MB)

What happens to my firearms or prohibited weapons after my licence or permit has been revoked?

Your firearms/prohibited weapons will remain with police.

If you request a review of the decision to revoke your licence or permit and the review is successful, you may retrieve your firearms from police upon notification from the Firearms Registry and production of a valid firearms licence or permit.

If you do not request a review or your refusal is upheld at review, you may instruct police to destroy the firearms or dispose of your firearms via a Firearms Dealer.