A person, organisation or government department is able to hold a gun licence in Victoria for work or fun. There are certain criteria that must be fulfilled to be eligible for a firearms licence in Victoria.
Keep in mind that all of these rules are flexible and at the discretion of those involved in the licensing process.
Eligibility criteria for a Victorian firearms licence
- Resident of Victoria
- Work with firearms in Victoria
- 18 years old or over (adult licence) or 12-18 years old (junior licence)
- Be a fit and proper person
- Be a non-prohibited person
- Demonstrate and maintain a genuine reason for requiring a firearm licence
- Complete firearm safety course
Who is a ‘fit and proper person’?
It’s a little hard to determine, but you’ll know if you’ve crossed the line because you’ll be deemed not a fit and proper person and be denied a firearms licence.
If you have a history of using guns irresponsibly, are a ‘prohibited person’ (see below), have been previously found guilty of violet crimes or have proved to not be of good character, you will be denied a licence.
There are certain things that won’t work in your favour, including a criminal history that involves a gun (armed robbery, assault with a weapon, attempted murder and murder), drug and alcohol issues, physical or mental illness, or in fact simply not passing the test, demonstrating your knowledge of gun safety and handling is too low.
There may be other reasons to deny you a firearm licence, with each case determined on its own merits.
Who is a ‘prohibited person’?
A prohibited person is not allowed to be have a gun licence, and cannot possess, carry or use a gun. There is no formal declaration of someone being a prohibited person; some people just become a prohibited person by default through certain actions.
If you are found guilty of certain criminal offences in Victoria or Australia or are made the respondent in a final intervention order under the Family Violence Protection Act. To see the list of offences, see the Firearms Act (section three).
Can I become unprohibited?
You can potentially go from being a prohibited person to an unprohibited person, depending on the circumstances. If you were a criminal offender, you may remain prohibited for a year or more, up to 15 years if you served time.
If you are the respondent in an intervention order, you may remain prohibited for five years after the order expires unless otherwise deemed by a court.
If you are under a short-term intervention order by a Magistrate, you are not considered a prohibited person unless there is a specific clause in your intervention order regarding guns.
If you are a respondent in an intervention order, your existing gun licence may be cancelled or suspended even if you are not a prohibited person. You may be required to surrender your gun.
If you want to appeal this, you may do so. We recommend seeking legal advice.
If you are subject to an intervention order from another state or territory of Australia, we suggest you seek legal advice on whether you are deemed a prohibited person.
Applying to become non-prohibited
If you have been deemed prohibited, you can apply to the court to undo this. Not everyone is able to apply to undo this label.
The only prohibited persons who may be deemed not so by the courts by appeal are those respondents of a final intervention order that does not include a condition to cancel a firearm licence, permit or authority.
Other exceptions include those found guilty in Australia of an offence against the Act, or any other Act, or an indictable offence where a prison term was on the table but was not given. You can find the application forms at court.
We recommend seeking legal advice for applications. Vanessa Ash and Associates can help. Contact us for a free chat about your circumstances.