Firearms Law is Increasingly Complex
The laws regulating the possession, use, purchase and supply of firearms are very complex. There are a number of applicable laws and these laws are regularly changed, which means that gun owners need to be constantly aware of what their obligations are, and what they need to do in order to ensure that they are complying with those requirements. Meeting the obligations of gun ownership ten (or fifty) years ago when you first got your licence does not necessarily mean that you meet the obligations now.
The Government is openly and actively trying to restrict firearms ownership, with further changes to the law coming into force on 1 July 2017. At the same time the Government is tightening up eligibility for holding a firearms licence, it is also making it easier to cancel licences on the grounds that the person is not a “fit and proper person” to hold a firearms licence.
Criminal Charges Can Result in the Loss of your Firearms
If you have been charged with a firearms offence, or you have been charged with a criminal offence and are concerned about the impact of a conviction on your firearms licence, you need legal advice BEFORE you decide whether you are going to plead guilty or not guilty.
Whenever someone with a firearms licence is charged with a criminal offence, regardless of whether they are found guilty, the Firearms Branch conducts a review of that person’s licence to determine whether they are a “fit and proper person” to hold a licence. The test for whether someone is a fit and proper person is governed by Section 7 of the Firearms Act 2015. There are some offences that deem a person NOT to be a fit and proper person. Other offences must be considered in conjunction with several other factors in making that determination. This is why it is so important that you have a lawyer who understands the interaction between criminal offending and firearms legislation.
Firearms Law is a Specialty
Karen Stanley has extensive experience in defending people charged with firearms offences, as well as representing people who have had their licences cancelled on “fit and proper person” grounds. She represented a client in a significant 2015 District Court decision where the Applicant’s licence was cancelled on “fit and proper person” grounds. In the final result the District Court found that the Registrar not only failed to take into consideration relevant factors in assessment of what is a “fit and proper person” but took into account irrelevant considerations. The Applicant’s licence was reinstated immediately. FRYER v THE REGISTRAR OF FIREARMS [2015] SADC 103 (26 June 2015)
Get Legal Advice Before You Lose You Licence and Your Firearms
Stanley Law will look after your legal interests, whether it is a refusal to grant a firearms licence, the defence of firearms offences, or reviewing and appealing a decision by the Registrar to cancel your licence.
Don’t wait until it is too late to get the right advice. Click here to contact Stanley Law or call us on 0420 349 737.
Stanley Law articles on Firearms Laws
