Anyone managed to get a licence back?

[avalanche]

Hi All,

So long story short, I have lost my licence after my firearm was stolen from a vehicle. (It was locked, bolt removed, trigger lock, hidden out of sight etc) It was while I was experiencing a medical issue, so there was no conviction or fine.

Crappy situation, and I now know I can take the firearm inside with me (not the premises I have the safe at) if I need to stop somewhere else. Lesson learnt.

My question for you all is, I know I'm under a 'bond period' of 12 months unable to apply for my licence again. Has anyone ever been able to get their licence again after a 'no conviction' but guilty plea? It's known as a section 10 from what I can tell.

I'm hoping that someone else has been to court, received no conviction and after 12+ months, was able to get their licence again! I miss shooting already and its only been a few weeks!

Kind regards and thanks for any help, Nate

[No1Mk3]

G'day avalanche,
Short answer is yes. I know several people who have regained their licence after the expiration of their "prohibited person" status. It sounds like you were a bit unlucky to lose it in the first place, must have got a narky beak and unreasonable coppers who didn't want to make it a diversion. Cheers.

[Oldbloke]

I can't believe that. Storage sounds OK for transport in Victoria. As required on the police web sight. Same as I do. How is a conviction possible?

[gazza]

That's rough.

[brett1868]

Give the circumstances you outlined why did you plead guilty? Appears you took all reasonable precautions to secure the firearm and surely a medical event would be cause for extenuating circumstances. If you'd done nothing wrong then why plead guilty or allow the solicitor to accept a guilty plea?

Not meaning to be harsh but guilty with no conviction recorded means you were guilty of something, What was the actual charge? What are the circumstances around the police finding the firearm in your car? A few things don't add up.

[avalanche]

Not wanting to get into a long discussion here of what I did wrong.

Circumstances: I do not keep my firearm at home as my wife was assaulted with one before I met her. Pretty reasonable that she isn't comfortable with one at home. I therefore keep my firearm stored at my parents address in a very very well set up safe.

I went hunting with a mate, and shot a fallow deer. First one! On the trip home, I started getting unwell. Me being the driver and responsible for the vehicle, I dropped my mate home, and by this stage, I felt it too dangerous to drive to the safe, as my medical condition (diagnosed medically and quite severe) meant I thought I'd be a danger to others. I drove the few minutes to my house, to recover from my condition. I always transport my firearms the same way - locked case, trigger lock, bolt out and locked with the ammo which is locked in a steel container in a locked glove box, with the firearm either locked in the boot, or in this case (single cab truck), under the back of the seats covered in clothing/ratchet straps. I parked the vehicle and was inside for 4 hours. I came out to continue on to the safe location, finding the window smashed and firearm stolen, with glovebox broken open also. Its pretty clear someone followed me home after seeing the deer on the tray of the truck.

I now realise I should have brought the firearm and ammo inside regardless of having a safe or not. I didn't know at the time, that this was an option. (certainly isn't explained anywhere in Vic regulations that I have seen!)

I pled guilty as I'm a sole income earner, and whilst my firearm was a very expensive one (DTA srs a1) I work my ass off and save a lot to do my chosen hobby/sport. I simply couldn't afford the increasing legal bills likely if I had pleaded not-guilty. I had two EXPERT solicitors helping me out, and both recommended an early guilty plea as it reduces any possible penalty. I knew I had done what I thought best and reasonable in the circumstances, but with hindsight, maybe could have done things differently. I was brought up to take responsibility for my mistakes no matter how uncomfortable it may be.

The magistrate was reasonable and didn't convict or press for a fine. This is as good as anyone in my situation is likely to receive. Trust me when I say this, the system IS set up to either cost you thousands to defend yourself, and for you to plead guilty and then explain the situation and leave it to the magistrate to do their job. If you want to know how these cases are sentenced, look it up. Almost no one gets a dismissal or successfully pleads not guilty.

Ok I hope that clears things up a bit! Summary: I made a mistake.

I have since spoken with the LRD about my chances of getting my licence back, and have been told I'll have little to no problem as I was not convicted, and especially if I can explain the circumstances of my situation. Just have to wait 12 months now and hopefully it'll go through smoothly.

Now to hope the SSAA insurance cover me.

[avalanche]

G'day avalanche,
Short answer is yes. I know several people who have regained their licence after the expiration of their "prohibited person" status. It sounds like you were a bit unlucky to lose it in the first place, must have got a narky beak and unreasonable coppers who didn't want to make it a diversion. Cheers.

The original detective was great. She asked me to apply for a diversion as she didn't want to see me get in trouble for this matter. Unfortunately she went overseas mid case and handed my case to another division who have a zero tolerance policy. They refused the diversion. I did get lucky with a good magistrate though!

Thanks for your reply. It's good to hear people get their licences back. Shooting is my one hobby! I don't smoke, drink little, and don't have fast cars!

[brett1868]

With that added detail I've come to the conclusion that you were totally screwed over by the legal system. The SRS is a great rifle, got one myself and in 12 months time when you get your license back if you want another SRS, get in touch with me and I'll do my best to get you a good deal on one with the importer. Bizarre how you got crucified, yet in the news today Victoria has the worst record for prosecuting rape in Australia...talk about having priorities all screwed up.
Best of luck mate and I hope the time passes quickly, save and save so you can hit the shop and reward yourself when you get your license back.

[avalanche]

With that added detail I've come to the conclusion that you were totally screwed over by the legal system. The SRS is a great rifle, got one myself and in 12 months time when you get your license back if you want another SRS, get in touch with me and I'll do my best to get you a good deal on one with the importer. Bizarre how you got crucified, yet in the news today Victoria has the worst record for prosecuting rape in Australia...talk about having priorities all screwed up.
Best of luck mate and I hope the time passes quickly, save and save so you can hit the shop and reward yourself when you get your license back.

Thanks Brett. My DTA was my baby. I absolutely loved it. It made me look better than I am - I've only been shooting 3 years. 1/4 inch at 100m quite regularly with 5 shots.

I'm hoping the SSAA insurance covers my theft. Its a 50/50 at this stage as although I wasn't convicted, they may say I did not follow regulations. Can only wait and see at this stage.

Who is the importer for Desert Tech now - I know interdiction lost it?

Victoria certainly has its challenges. With Apex, rapes, and general crime going through the roof. All we can do is try to be the best citizens we can, look after our families and set a good example.

[Gamerancher]

I can't believe that. Storage sounds OK for transport in Victoria. As required on the police web sight. Same as I do. How is a conviction possible?

Therein lies the problem mate. Transporting - yes, storage - NO. You are not even supposed to leave your vehicle when transporting.

[Wylie27]

Which state?

Nsw you can leave your vehicle unattended hell if you are travelling you can leave them over night.. thought Victoria had the same rules.

However doesn't sou d like it in this case as he was home. They should have been secured..

[Oldbloke]

"I now realise I should have brought the firearm and ammo inside regardless of having a safe or not. I didn't know at the time, "

Seems to me that as there was no safe storage in the house that would not be legal either. FMD you can't win.

[avalanche]

"I now realise I should have brought the firearm and ammo inside regardless of having a safe or not. I didn't know at the time, "

Seems to me that as there was no safe storage in the house that would not be legal either. FMD you can't win.

I could have brought them inside with me if I kept them close - then they are not classified as in storage, but rather, in use (not actual shooting use, but you get my point).

It is completely up to you to prove reasonable precautions were taken to prevent theft. Its completely up to the discretion of police and magistrates whether your version of reasonable matches theirs. 99.99% of the time it wont.

[avalanche]

Which state?

Nsw you can leave your vehicle unattended hell if you are travelling you can leave them over night.. thought Victoria had the same rules.

However doesn't sou d like it in this case as he was home. They should have been secured..

Victoria. We have different laws There is no 'you can leave the vehicle if the firearms are chained to the body'. Its a grey area that is dangerous for LAFO's.

[Brute]

Sounds like you will be able to get it back, in time...

But these things don't always go quick

[avalanche]

yeah, I'm counting down the minutes! Next challenge - SSAA Insurance