Public nuisance charge and firearms license application

[kworse]

Hi guys,

I live in Queensland, 6 years ago i was given a notice to appear in court for public nuisance and contravene requirement to my knowledge I received a fine and no conviction recorded.

Will this affect me getting a cat a + b licence?

Do I disclose this when applying for the licence, is it even worth applying?

[Westy]

Apply apply Apply the search only goes back 5 years and mention it as they will find it and ask for a please explain if you don't!!!! you'll be right to go .

[1290]

I would have thought that if there is no conviction, there is no record??? firearm app is mostly concerned with convictions, intervention orders and the likes. Have a read of the application form, if it doesnt ask, dont tell!

See, 2 replies, 2 differing opinions, gotta love the interwebs.....

[bigfellascott]

Go for it - just be honest in your application and you should be fine, start leaving stuff like this out and they will start to question your application.

[0423socket]

Still state it in your application. I had the same thing and didnt put it forward on my application after a letter of why it wasnt mentioned and a hearty plea to still give me a licence, it held my process up about 2 weeks. Even though there is no conviction recorded you should put it on there anyway.

[Usurper]

If you're happy to say, what was the behaviour that deemed you to be a 'nuisance'?

Did it end in a punch up or anything?

[Norton]

Shouldn't matter mate.

Some info for you from QLD Police.

The Applicant

• Are a fit and proper person
• Have not, within the past five years, been convicted of a disqualifying offence including misuse of drugs, misuse of weapons, the use or threatened use of violence, or been the subject of a domestic violence protection order

Fit and Proper

Generally a person is not ”fit and proper” if, in Queensland or elsewhere:

The person has been convicted of or discharged from custody on sentence, within five (5) years immediately before the day the person applies for the issue or renewal of the licence, an offence relating or involving the following:
i) the misuse of drugs
ii) the use or threatened use of violence
iii) the use, carriage, discharge or possession of a weapon

or

A domestic violence order, other than a temporary protection order, has been made against the person within five (5) years immediately before the day the person applies for the issue or renewal of the licence.

When you apply for your license one of the questions is "(b) Have you in Queensland or elsewhere ever been charged with any offence? (Please tick yes even if you were charged but not convicted or a conviction was not recorded)."

You need to tell them the truth here of course, but a) you were not convicted and b) even if you had been it was longer than 5 years ago.

Should be all good.

[Bourt]

FYI kworse,

Public nuisance is a summary offence - like getting a speeding ticket - not usually a big deal.

Indictable offences are the serious things like burglary, assault, drug charges etc. These are what would stop someone getting their license.

Answer everything honestly on the form and you'll be fine.

[TikkaT3.223]

Would Inictable offences still count if they were on a juvy record and not on the adult record? Because I didnt tick any of the conviction boxes on my application because I was told that after you turn 18, the juvy record is no longer thought of as a rap sheet unless further charges are place as an adult.

Just called weapons licensing and they said that ill be getting a letter within this week, a "correspondence" and I have to fill it out and send it back to them before my license can be processed.. Recons she couldn't tell me what it was about over the phone.

She said "just fill it out and send it back to us and it'll be fine".

Asked a few of my mates that have their licenses and they have no idea what I'm talking about.

Called weapons licensing back and spoke to someone else, and he said that my license is being processed now and being signed off and they just need that document sent back to them and they can continue the process. He wouldn't tell me what it was though. They were both being extremely cagey around that subject. It didn't sound good.. :/



Anybody have any experience with anything like this?

[Bourt]

You're really testing now Tikka...

I think - as you say - the juvenile means nothing after you're 16 (I thought it was 16, not 18 like you said?).

You effectively have a clean record after that age as long as you don't re-offend.

Edit: Found the info on age brackets...

In each Australian jurisdiction, except Queensland, a juvenile is defined as a person aged between 10 and 17 years of age, inclusive. In Queensland, a juvenile is defined as a person aged between 10 and 16 years, inclusive. In all jurisdictions, the minimum age of criminal responsibility is 10 years. That is, children under 10 years of age cannot be held legally responsible for their actions

[VICHunter]

He wouldn't tell me what it was though. They were both being extremely cagey around that subject. It didn't sound good.. :/

Don't stress mate. That's always the way, the people answering the phones are their to do that, not approve permits and licenses so can't tell you things "for certain".

Focus on "just fill it out and send it back to us and it'll be fine" like she said.

Relax

There are heaps of blokes who've had a grey moment in the past or as kids which wasn't too serious and they got there license. It happens... Doesn't mean you're a dangerous criminal does it.

[Usurper]

You'll be right Tikka.

[kworse]

Thanks for all the information guys, in the section that asks for me to disclose do i just write the charges or the chargers and the circumstances leading up to them.

Thanks again

[Norton]

Doesn't need to be an essay about what happened. They can look up further details I'm sure, just give them enough so they don't need to come back to you again to ask a follow up question and delay your application.

I'd write something like... "On date X I was charged with a public nuisance summary offence. On date X the matter was concluded and conviction was not recorded."

That without knowing the exact details of your incident, any reason you think that wouldn't cover it?

[kworse]

I have no idea what date it was it was relating to me breaking up a fight and stoping someone form kicking my friend in face on my 21st birthday

[eeckle]

In all jurisdictions, the minimum age of criminal responsibility is 10 years. That is, children under 10 years of age cannot be held legally responsible for their actions

It's good to be a 9 year old

[Norton]

I have no idea what date it was it was relating to me breaking up a fight and stopping someone form kicking my friend in face on my 21st birthday

Give approx dates then. Year, month... Can't have been long before/after your b'day? So it's clear that it's 6 years ago and not last week.

Otherwise same message as above.

The fact you were defending a friend should help also, assuming that was acknowledge by the police.

[Crankycant]

Don't worry about it mate just disclose everything you can, and don't stress. I had a pretty shady juvenile record between 12-15 years much worse things than breaking up a fights luckily I had a really good local copper pull me aside and throw the book at me literally and I grew out of thankfully. That same cop introduced me to shooting and help me get my licence which was a real turning point in my life.

[Crankycant]

Oops just realised how old this was haha