2 states one person?

Questions about Victorian gun and ammunition laws. Victorian Firearms Act 1996.

2 states one person?

Post by Conallin24 » 16 Jul 2017, 8:42 pm

Hi guys, I am 16 so I'm on a junior license and live in wodonga on the border of vic and nsw. I have split parents. I have a Cat A,B and H license. Both of my parent live in wodonga. My mums house is where I set my Learner permit at and my dads is where I set my gun license. My mum just bought a place in Albury (10mins away in nsw) and I absolutely have to set my learner permit to her house so I can get my Ps at 17 in a few months instead of at 18. But at the same time I don't want to go through all the license process again especially for Cat H because it is a pain. So the question is can I have a learner permit in nsw but a gun license in vic? Remember I am on the border and spend 50/50 time at both places. I rang up the licenseing people and they were less then helpful. They had no idea and told me to email and they would get back to me in 2/3 weeks. Only problem is I have to notify within 14 days and that would be past that time. Anyone know more about this? I am clueless as to what I should do and so any info would be good.
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Re: 2 states one person?

Post by pete1 » 16 Jul 2017, 8:54 pm

To my knowledge you can just swap licence over to another state, you don't need to do the whole process again.
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Re: 2 states one person?

Post by Conallin24 » 17 Jul 2017, 6:42 pm

Would prefer not to swap as I would need to do a lot of applications and also need to pay again and the worst is going through all the Cat h stuff again like my club said I would have to.
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Re: 2 states one person?

Post by duncan61 » 17 Jul 2017, 6:56 pm

Where is the gun safe?You can live at another address
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Re: 2 states one person?

Post by Oldbloke » 17 Jul 2017, 7:19 pm

You have confused me. BUT, I gather you take the firearms from Victoria to NSW or reverse regularly.

I would have thought only one licence would be required. Licences and storage in one state and for up to 3 months at a time ( or is that 30 days) the other state should recognize that you are visiting.
Might be wise to have a safe in the other home too though.
Does that make sense?.
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Re: 2 states one person?

Post by Ratsmitglied » 17 Jul 2017, 7:55 pm

I see the problem being that his drivers licence address is now nsw and firearms licence address is vic...

If your time is split evenly I'm not sure you should need to change over
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Re: 2 states one person?

Post by Oldbloke » 17 Jul 2017, 8:13 pm

"So the question is can I have a learner permit in nsw but a gun license in vic?"

IMO, no. You live in one or the other. Will cause problems and confusion in the long term. I would change one of them. Probably doesnt mater which state.

I understand car registration is cheaper in Victoria and gun laws a bit easier to live with. But ask around.
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Re: 2 states one person?

Post by bladeracer » 17 Jul 2017, 8:34 pm

duncan61 wrote:Where is the gun safe?You can live at another address


Not usually in another state though.
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Re: 2 states one person?

Post by bladeracer » 17 Jul 2017, 8:53 pm

Conallin24 wrote:Hi guys, I am 16 so I'm on a junior license and live in wodonga on the border of vic and nsw. I have split parents. I have a Cat A,B and H license. Both of my parent live in wodonga. My mums house is where I set my Learner permit at and my dads is where I set my gun license. My mum just bought a place in Albury (10mins away in nsw) and I absolutely have to set my learner permit to her house so I can get my Ps at 17 in a few months instead of at 18. But at the same time I don't want to go through all the license process again especially for Cat H because it is a pain. So the question is can I have a learner permit in nsw but a gun license in vic? Remember I am on the border and spend 50/50 time at both places. I rang up the licenseing people and they were less then helpful. They had no idea and told me to email and they would get back to me in 2/3 weeks. Only problem is I have to notify within 14 days and that would be past that time. Anyone know more about this? I am clueless as to what I should do and so any info would be good.


I have family in Albury and have heard that it's such a mess that there is often some leeway built into laws affecting residents of Albury/Wodonga.

Technically:
If you got a NSW firearms licence then you could no longer store your firearms in Victoria.
You can't have two driver's licences from different states.
You can only hold a firearms licence in your state of residence.

If NSW and Victoria have different driving ages then this must be an extremely common problem that many Victorian kids try to get around?

I can't actually find anything that states you need to be NSW-resident to apply for a NSW driver's licence - maybe I'm missing something though?
http://www.rms.nsw.gov.au/roads/licence/driver/learner/index.html
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Re: 2 states one person?

Post by Member-Deleted » 17 Jul 2017, 9:32 pm

Hi Conallin24
Mate i can't see the powers to be would let you have a gun licence in one state and a car licence in another at one given time
up here in QLD our gun licence is based on your address,proof of your address by way of car licence and power bill to proove resedence and criminal record
if any changes they have to be notified within 1 month ,if caught without notifing them it is loss of gun licence, large fine or even imprisonment
depending on how servere the case

If going interstate with guns the powers from both states have to be notified and you are only allowed a given time to change states and get that states licence
I'm not sure what length of time it is you would have to check with that state where you are going to reside

It would be a pretty sure bet that you won't be able to go continuiously accross the border without having some problems eventually
So mate if your bent on getting your P licence at 17 you might have to use that state as a base and do a bit of paper work surely the
powers would see the situation you have and push it through without too much BS

Although they are not renouned for cooperation with the public as a rule

Hope all goes well for you

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Re: 2 states one person?

Post by Conallin24 » 18 Jul 2017, 10:45 am

Some have missed the point here. I don't have a safe or my own firearm because I am only on a junior license. Some said at my place of residence, I said I live in 2 places one is my mothers and the other my fathers. Does anyone have the email for the license people I better just ask them.
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Re: 2 states one person?

Post by Oldbloke » 18 Jul 2017, 11:09 am

Iicensingregulation@police.vic.gov.au

Be careful how you couch the email.
Sugest you do it in a point format.
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Re: 2 states one person?

Post by scaredyet » 18 Jul 2017, 1:22 pm

Is this similar to 2 girls 1 cup?
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Re: 2 states one person?

Post by Oldbloke » 18 Jul 2017, 2:36 pm

Perhaps a stupid suggestion. Others will have an opinion. I'm sure.

Apply for the car learners in NSW indicating you live in that state and see what happens. Don't mention the Vic firearms licence. Maybe they won't know if you don't tell them. Then a year later Change the drivers license over to Vic.
What they don't know doesn't hurt them.
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Re: 2 states one person?

Post by Tiger650 » 18 Jul 2017, 3:30 pm

I am with Oldbloke, the people who run this show are not the brightest creatures on the planet.

Always look at possible downside, WTF can they do to you ?

I reckon even if they woke up it would all be too hard for them to work out what the hell you are "guilty" of.

Probably tell you to piss off back over the border and wait another 3 months for your L plates, betcha the bastards would keep your money though.
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Re: 2 states one person?

Post by brett1868 » 18 Jul 2017, 3:55 pm

I'm with Oldbloke, technically the 2 permits are totally separate. Since you're a junior and I assume under the supervision of Dad who is on the Vic side that's basis to hold onto your Vic juniors permit. As you also reside with mum on this side of the border then that's justification for a NSW drivers license, just be sure to keep the 2 separate till the time is right to transfer you NSW Drivers license back over to Vic.
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Re: 2 states one person?

Post by Oldbloke » 18 Jul 2017, 5:54 pm

This is a good example of the problems caused when the sex is not satisfactory for the everyone in any relationship.
Marriage splits cause all sorts of issues. Including firearm issues. So ensure you and the Mrs enjoy lots of sex regularly. :thumbsup:

Disclaimer, not talking about the OPs parents here. Just general health and firearms advice.
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Re: 2 states one person?

Post by bladeracer » 18 Jul 2017, 6:43 pm

Conallin24 wrote:Some have missed the point here. I don't have a safe or my own firearm because I am only on a junior license. Some said at my place of residence, I said I live in 2 places one is my mothers and the other my fathers. Does anyone have the email for the license people I better just ask them.


I was making an assumption that at some point you will want to own firearms. If you have no interest in ever owning firearms that might make it slightly less complicated perhaps.

Is it possible to legally "reside" in two states? Do you go to school or work in both states? I would think that when you applied for your Victorian Firearms licence you must've made a decision to choose to legally "reside" in Victoria?

I did manage to find a requirement to be NSW permanent resident to apply for a NSW Firearms Licence.
"To obtain a NSW Firearms licence you must be a permanent resident of this state or about to become a permanent resident - Section 11 (3)(d) of the Act. "
http://www.police.nsw.gov.au/__data/assets/pdf_file/0017/131165/Interstate_Residents_moving_NSW_FACT_SHEET_Dec_13.pdf

For Victoria they don't seem to care if you specifically reside in Victoria. But they specifically exclude you from holding a Victorian licence if you reside outside Victoria. My read is that even if you have permanent residence in both states you could not hold a Victorian Firearms Licence.

"*Please Note: If you reside interstate, you will only be eligible for a Victorian licence if your
licence is for a work purpose in Victoria."
http://www.police.vic.gov.au/retrievemedia.asp?media_id=70952

NSW Firearms definition of residency:
"What is residency? The Firearms Act 1996 (the Act) does not define residency. However, residency can be defined as dwelling permanently or for a considerable period of time"
http://www.police.nsw.gov.au/__data/assets/pdf_file/0013/131161/Extended_Absences_from_NSW_FACT_SHEET_April_2012.pdf

I think you are going to have to discuss your situation in writing with Victorian Firearms, NSW Firearms Registry and NSW Driver Licencing. Or you could approach your local Member of Parliament and ask them to do the work for you.
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Re: 2 states one person?

Post by bladeracer » 18 Jul 2017, 6:51 pm

brett1868 wrote:I'm with Oldbloke, technically the 2 permits are totally separate. Since you're a junior and I assume under the supervision of Dad who is on the Vic side that's basis to hold onto your Vic juniors permit. As you also reside with mum on this side of the border then that's justification for a NSW drivers license, just be sure to keep the 2 separate till the time is right to transfer you NSW Drivers license back over to Vic.



I'm not sure I agree with this Brett.
If he "resides" in NSW he doesn't need a Victorian Junior Firearms Licence to shoot in Victoria. He can shoot here with a NSW Junior licence under supervision. I don't think that is going to be a basis to maintain a Victorian licence.

I do agree that both systems are essentially blind to each other so it may simply be a matter of getting a NSW permit and hoping not to have any problems during the period until you can transfer it to a Victorian Driver's Licence. But surely if NSW Police call in the rego of a car they're interested in they will be advised that the registered owner has a Vic Firearms Licence?

Personally, if the system doesn't have something in place to work in this situation, I would prioritise the shooting and just wait to get the driver's licence. I would also guess that there must be hundreds of people in the same boat getting along just fine with conflicting licences.
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