You need to act quickly!
As a criminal lawyer specialising in firearms, I have on many occasions been confronted with stressed clients who have had their firearms licence suspended and revoked for trivial reasons.
If you think you might be served with a Notice of Suspension, Revocation, or Refusal YOU MUST ACT QUICKLY, as there are strict time limits and deadlines for appealing any decision that takes away your freedoms and privileges of holding a firearms licence and enjoying your firearms.
Owning a firearm in Australia is a serious responsibility and a privilege. It is important for gun owners to be aware of their legal rights when it comes to speaking to the police and the legal framework surrounding firearms.
In this article, as a firearms lawyer I will explain how and why your firearms licence might be suspended, revoked, or refused, outline key reasons for suspension under the Firearms Act, and provide essential tips on how to handle interactions with police if they seek to confiscate and seize your firearms. I will also touch on the relevant laws that govern firearms ownership in Australia, including the Firearms Act 1996 and the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) .
If you are a firearms owner concerned about your rights, this article will help you understand how to protect yourself legally.
How Your Firearms Licence Can Be Suspended or Revoked
A firearms licence is a privilege, and not a right under Australian law. This means the Firearms Act 1996 gives authorities, namely the Commissioner of Police and the Firearms Registry wide discretion to suspend, revoke, or refuse a licence if they have concerns about the holder’s suitability and whether they are a fit and proper person to be holding a licence and possessing firearms. Below, I explore the common reasons your licence might be suspended, revoked o refused.
Reasons for Firearms Licence Suspension or Revocation
False or Misleading Information: If your firearms licence application or renewals contain any false or misleading information, it can result in immediate suspension, revocation, and refusal of your licence. The Authority takes this extremely seriously, as it directly reflects on your character, trustworthiness, and honesty as a firearms owner. You may also be committing a criminal offence if you declare anything in your application that is false or misleading.
Mental Health Issues: If you have a history of mental health issues such as depression, suicidal ideation, or have attempted suicide, this will most certainly result in an automatic suspension, refusal, or revocation of your firearms licence. Mental health is a key factor in assessing whether you are a “fit and proper” person to hold a firearms licence. These matters will usually present if they are reported to the police.
Domestic Violence (DV) Incidents: The making of a Final Apprehended Domestic or Personal Violence Order (ADVO/APVO) will disqualify you from holding a firearms licence for 10 years from the expiry of the order. It is a mandatory exclusion and the Commissioner of Police does not have any discretion but to refuse your application. Even if you are the victim in a domestic violence situation, your licence could still be suspended temporarily unless a firearms lawyer can negotiate with the police and firearms registry to lift the suspension.Ii
Improper Associations and Criminal Networks: Any suspected association with an Outlaw Motorcycle Gang (OMCG) or other criminal organisation, even if it is based on intelligence or hearsay, can lead to the suspension, refusal or revocation of your licence.
Criminal Charges or AVO Proceedings: If you are charged with a criminal offence or have an Provisional or Interim AVO taken out against you, this could trigger a suspension of your firearms licence. Criminal charges, even without a conviction or while you are waiting for the proceedings to unfold, can raise questions about your suitability to possess firearms. More often than not, the police will report the matter to the firearms registry and you will be suspended and then compelled to satisfy the Commissioner of Police why your firearms licence should not be revoked. You should be very careful if this occurs, especially if you have been charged with a criminal offence, as anything you declare to the firearms registry could be used against you in the prosecution. These are not protected conversations. You should always seek legal advice before speaking to police or the firearms registry.
Non-Compliance with Licence Conditions: Firearms owners must have a genuine reason for holding a licence, such as recreational hunting, target shooting, primary production, pest and vermin control etc. Non-compliance with these genuine reasons, or failing to meet your mandatory target or hunting shoots or safe storage requirements, will likely result in your licence being suspended or revoked.
Poor Traffic Record: A poor traffic record could result in your firearms licence being reviewed. The Tribunal will take into account a poor traffic record if it shows a pattern of traffic offences over time. It could be used as evidence that you cannot be trusted to comply with the law, again resulting in a refusal, suspension, or revocation of your firearms licence.
Family Mental Health Concerns: Should a household member experience a mental health issue and the police are called, then the police will likely seize your firearms and or suspend your firearms licence for at least 28 days. The police could also issue you with a revocation notice depending on the circumstances. In some cases, a condition may be placed on your licence instead of a full suspension. If this happens let our firearms lawyers give you some advice on how you, with our assistance might be able to negotiate a a fair condition.
It is important to note that The New South Wales Civil and Administrative Tribunal (NCAT) can consider evidence that would not be ordinarily admissible in a traditional court proceeding, like in the Local Court, District or Supreme Court. That means that police records, such as COPS records like intelligence reports and event records and their hearsay and opinion contents can be taken into account.
How to Handle Police Interactions as a Firearms Owner
If you are a licenced firearms owner and you encounter the police, it is crucial to know your rights and obligations.
Police are expertly trained to gather evidence, and how you interact with them can directly impact your firearms licence status. Here’s a step-by-step guide on how to deal with the police if they come to your home or contact you regarding your firearms.
Key Points for Firearms Owners in Police Interactions
Exercise Your Right to Silence: You are not required to speak to the police except to confirm your identity. When approached by police, you should provide them with your identity and firearms licence and state nothing further until you have received legal advice. The police should avail you the opportunity to speak to a lawyer. Do not take legal advice from a police officer. First, they are not lawyers, and second, if you rely upon their advice and it is wrong, you will not be able to rely upon that incorrect advice as a defence or explanation. If they start asking you questions about your firearms licence and or your firearms and where they are stored you should cooperate, but keep your answers short and do not engage in any other discussion. Show them your licence (so they can be satisfied of your identity) and show them where the firearms are.
Seizure of Firearms: If police are at your premises and decide to seize your firearms, comply. Do not try to persuade them to not seize them. They have specifically turned up to seize your firearms. You will not be able appeal to their sensibilities and what you say will be recorded and may adversely affect any application to have them returned. It is important to realise when it comes to firearms police do have a power to enter private premises to inspect firearms and their storage for compliance purposes. Whether the seizure is legal or not is a matter for later argument, and there is no need to get into a confrontation. Any argument or debate will be recorded and could later be used against you in any proceedings at the NCAT. It is vital that you cooperate but you may politely object for the record and seek an explanation as to why they are seizing the firearms.
Searches and Objections: If the police want to search your home or vehicle for firearms they have powers to do so under certain circumstances and powers under LEPRA but make it clear that you do not consent to the search, ensure that objection is recorded on their body worn video as proof. They must be able to justify the exercise of their powers. The police do not have any special powers to enter private premises unless they have a search warrant of some description, a crime scene warrant, or there is a firearms or weapons prohibition order in place, they reasonably suspect the commission of a domestic violence offence, to investigate if firearms are on the premises, if it is an emergency, or if you consent or invite them in, or their is an enforcement condition in place on a person on bail living on the premises.
Everything is Recorded: Police are likely recording all interactions on their body worn video, and any statements you make can be used against you later. Avoid answering any questions beyond providing your name, address, and licence details. Remaining silent is a legally protected right, and you cannot be penalised or any adverse inference drawn for exercising your right to silence.
If a police officer asks you to sign their official police notebook do not sign it unless you first receive legal advice. If in doubt do not sign. The notebook will contain so-called contemporaneous notes that is supposed to accurately reflect your conversation. Those entries are usually not in the correct or admissible form, are paraphrased, and so does not necessarily reflect the conversation and you will be in no position or frame of mind to remember if that conversation was in fact the one you had at the time, because you will be stressed about what is happening.
Official Caution: If the police issue you the official caution, it may sound like the following
“You do not have to say or do anything, however, if you do say or do anything, it will be recorded and will later be used against you, do you understand that?”
If you hear this then the police may suspect you of committing an offence. At this point, the only response you should give is, “Yes, I understand,” or if you do not understand then say so, especially if English is your second language. Irrespective, if you hear this question in any language, then exercise your legal right to silence and do not make any further statements until you receive legal advice.
Arrest: If the police arrest you, do not resist. Comply with the arrest, but voice on their body worn video that you object to the arrest. Resisting or pulling away, or running away will make matter worse, and likely result in you being charged with further offences such as resisting or hindering arrest or escaping lawful custody. A court can also make an adverse inference of guilt if you try to evade the arrest. However, you have the right to know why you are being arrested, and the police are required to inform you, either on the spot or as soon as reasonably practicable, for instance once you are secured in the back of the police truck or in the dock at the police station.
Right to a Lawyer: If you are taken into custody, ask for a lawyer immediately. The police are legally required to assist you in contacting a lawyer, especially if you are a child or from an indigenous background. Do not participate in any interviews or answer any questions about the matter without legal advice or representation.
Takeaway: Protect Your Firearms Licence
Police are expert information and evidence gatherers. They will use informal conversations, and pretend to be your friend, and show empathy to try to distract you to collect admissible evidence. There is no such thing as a “off the record”. Once a police officer is speaking to you, everything is on the record and being recorded. As a firearms licence holder you must remain vigilant and limit your interactions with the police. If you say something even casually, you could be jeopardising your licence and any defence.
Legal Framework for Firearms Owners
Several laws govern the possession and use of firearms in Australia. As a firearms owner, you should be familiar with the following key pieces of legislation:
Firearms Act 1996: This is the primary legislation governing firearms ownership. The objects of the Act emphasize that holding a firearms licence is a privilege, not a right. The Act aims to improve public safety by imposing strict controls on firearms use and ensuring firearms are stored securely and safely. It is critical that you always adhere to your licence conditions to protect your privilege to hold a licence and possess firearms.
Law Enforcement (Powers and Responsibilities) Act (LEPRA) 2002: LEPRA gives police wide-ranging powers to search and enter private premises, search for and seize firearms, particularly in situations involving allegations of domestic violence.
Conclusion
Firearms ownership in Australia is governed by strict laws designed to enhance public safety. As a firearms owner, understanding how a firearms licence can be suspended, refused or revoked is essential to protecting your privilege to hold a licence. Knowing how to interact with police, while protecting your legal rights is also invaluable for knowing how ensure you do not give the authority an excuse to issue you with a suspension or revocation notice.
Always exercise your right to silence and seek legal advice before speaking with the police. They only need to be satisfied as to your identity, unless they cite some other power which they say compels you to provide further information. If you are unsure you should seek legal advice from Richard McDonald of McDonald Law as soon as possible.
If your firearms licence is suspended, refused or revoked, you should remember the onus is on you as the applicant to prove that you are a fit and proper person to hold a licence.
What to do now – Call Richard immediately!
If you have had your firearms seized by the NSW Police, don’t risk going it alone. Call McDonald Law now on (02) 8824 4736 or 0411460034 to speak with one of Sydney’s most experienced firearms lawyers. If it is more convenient for your situation we will even come to you, or we can meet in one of our conference rooms and offices.
Disclaimer
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