AVO history and firearm license

Questions about New South Wales gun and ammunition laws. NSW Firearms Act 1996.

AVO history and firearm license

Post by user9876 » 11 Aug 2023, 5:20 pm

Hi.

I am looking for a firearm license in NSW because my family member enjoys the sport. I had a finalised AVO (2017-2018) in VIC and I cannot apply in NSW law if I had an AVO in the past 10 years. The protected person was a family member and it was because we had a really bad dispute. But we always being nice with each other so now she wants to help me.
Can you help me with the following questions please?
1. Can I revoke a Victoria AVO after it has expired? I checked the court website and the form to vary AVO seems like it doesn't say you cannot revoke an expired one.
2. Can I apply a Victoria "APPLICATION FOR DECLARATION TO BE DEEMED NOT TO BE A PROHIBITED PERSON" and does this help me getting a license in NSW?
3. Are there any ways to show that I am fit and proper person?

Thanks in advance!
user9876
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Re: AVO history and firearm license

Post by No1Mk3 » 12 Aug 2023, 12:48 pm

First step is your application to not be a prohibited person, then contact a lawyer in NSW.
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Re: AVO history and firearm license

Post by Border_Bloke » 14 Aug 2023, 3:30 pm

Short answer is I don't know for sure, and get legal advice from a law firm on the border (eg in Mildura, Albury, Wodonga etc). I live on the border and most of the legal firms here have people that specialize in both state laws.

Long answer is that it gets complicated beacuse of the cross-border nature.

In Victoria, both the protected person and the respondent can apply to the court to vary or revoke an Intervention Order. BUT - as you say, I couldn't find whether you can do this (years) after the order has expired.

The NSW firearms act Section 11 specifically excludes an "order that has been revoked". Being Victoria though, this may not show up in the NSW system - you may need a letter from VicPol or the courts saying that the order has been revoked.

Sorry but online forums are not the best place for legal advice.
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Re: AVO history and firearm license

Post by Robin » 15 Aug 2023, 6:36 am

Unless you can get that record scrubbed, I don't think you have a chance, might need to stick with gel blasters for now
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Re: AVO history and firearm license

Post by yoshie » 16 Aug 2023, 3:50 pm

I know a guy who got a DVO removed after a messy divorce, from what I recall it was costly and took quite a while. He also had firearms that needed to be stored for the duration. A lawyer is the only person who is going to be able to give you accurate advice and it will depend on the specifics of the case.
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yoshie
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Re: AVO history and firearm license

Post by Fionn » 17 Aug 2023, 10:11 pm

No1Mk3 wrote:First step is your application to not be a prohibited person, then contact a lawyer in NSW.


Pretty much it, although don't like your chances unless you have very deep pockets to fight it.
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