protection order effect on a weapons licence

When a Family Violence Protection Order is made, the Respondent to the Application will no longer be able to hold a weapons licence.

When the Court makes a Temporary Protection Order, the Respondent’s weapons licence is suspended. When a Final Protection Order is made the Respondent’s weapons licence is revoked and will remain revoked for at least the period of the Protection Order.

In both of the above scenarios the Respondent must surrender all firearms urgently and as soon as possible or be liable for an offence under the Weapons Act.

There is generally no ability to challenge the suspension and/or revocation of a Weapon’s Licence when Protection Orders are made. The weapons licence suspension/revocation happens automatically.

Exceptions?

Even Police Officers and others that may be required to use firearms are not exempt from the weapons licence suspension or revocation. In these circumstances it is extremely important to seek expert legal advice prior to attending Court for a Protection Order.

Members of the Australian Defence Force are generally not affected by the operation of a Queensland Protection Order in respect of their ability to use firearms for the purpose of their employment. However it is important to note that the effect of a Protection Order on a person’s ability to hold a weapons licence or use weapons as part of their employment varies from state to state, depending on the Family Violence legislation in that state. It is therefore of critical importance to seek the advice of a lawyer on the effect of a Protection Order prior to attending Court.

an applicant’s weapons licence could be effected

Under the Weapons Act there are provisions that state whether a person is a proper person to hold a weapons licence. In some circumstances the aggrieved person (or victim of family violence) may be significantly mentally effected by family violence. If the mental health of the aggrieved person is such that there could be a risk to themselves or others, it may be assessed that under the Weapons Act they are no longer a proper person to continue to hold a weapons licence. This of course applies to all holders of a weapons licence whether related to a Protection Order Application or not.

Our expert family lawyers are local to Ipswich Court and are experienced in family law and family violence protection Applications. We offer an initial free consultation to provide legal advice and discuss your options. For an initial consultation on Protection Order or Family Law matters please contact our office to speak with one of our expert family lawyers.