Prohibited person

The following information can be found on the LRD website.

A prohibited person is someone who must not be issued a firearms licence. A prohibited person will not be allowed to retain a firearms licence or possess, use or carry a firearm.

There does not need to be a formal declaration for someone to be considered a prohibited person; a prohibited person is a status. This means that a person is not declared prohibited person (for example, by a court), they automatically become one if they meet the definition provided in section 3 of the Firearms Act 1996.

There are two scenarios that will make someone a prohibited person.

• Being found guilty of specific criminal offences in Victoria or any other Australian State or Territory.
• Being made the respondent in a final intervention order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Order Act 2010 in Victoria or equivalent legislation in other states and territories.

The list of offences that cause a person to be considered prohibited can be found in section 3 of the Firearms Act 1996.

Note: This advice is general in nature and may be of assistance to you; however, the Licensing and Regulation Division does not guarantee that the information here is wholly appropriate to your circumstances. Anyone needing specific legal advice should consult the relevant legislation or seek independent legal advice.

Prohibited person duration

How long you remain prohibited for depends on why you have been declared to be a prohibited person.

If you become prohibited because of criminal offending, you may remain prohibited for 12 months after being found guilty to 15 years after serving a term of imprisonment.

If you become prohibited because you are the respondent in a final intervention order you will remain prohibited for five years after the expiry of the intervention order unless you are deemed to be non-prohibited by a court.