Notice of Suspension/proposal to cancel (Vic)

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

Notice of Suspension/proposal to cancel (Vic)

Post by Kitty » 05 Apr 2021, 11:17 pm

Hey Everyone,

I'm hoping for a little advice, or to be more accurate a bit of an idea of what my chances are of losing my licence. Recently my mother who I care for and is an alcoholic called the police because I stopped her from drink driving.

When they arrived she told them that I had mental health issues and had been hospitalised before and needed to go back. Please note that I don't drink alcohol or take any illegal drugs. I do have PTSD, but it's being managed.

Today the loca DFO served me with a notice to suspend and proposal to cancel my licence. My rifles are stored with my dad. He's handed them in. I'm seeing my psychologist tomorrow and will ask her for a letter, I'll be making an appointment with my GP and also my psychiatrist who unfortunately is on Leave. I'm fairly confident that they all will be supportive as I have a good long-term relationship with all of them.

My question is, what is the likelihood of my licence being cancelled? I'm really stressed about this at the moment. I require my licence for farming purposes.

Any advice or thoughts are greatly appreciated,
Kitty
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by rc42 » 06 Apr 2021, 10:52 am

Do you have NSC or Shooters Union membership? if not, you should have.
These organisations are a great first step for specific advice about such issues, the next step would likely be a lawyer that specialises in that area.

There are too many factors for anecdotal reports of similar situations on an internet forum to be really useful.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by No1Mk3 » 06 Apr 2021, 11:48 am

G'day Kitty,
You are at very real risk of losing your licence so do not delay in acting, the Notice of Suspension contains information regarding your right to appeal the Suspension prior to Cancellation being effected. Contact a lawyer with firearms experience and give them all relevant material, see your health providers as you planned. Your Psychiatrist being on leave should not be an issue at this stage as an objection to Cancellation will stop that process whilst an appeal is heard giving you time to see him if necessary. Are you a member of SSAA? If so, contact them immediately as their lawyer Peter Cooper is very good having resolved an issue for my Mrs I know his skills. If you are a member of the National Shooting Council or not, contact them and talk, they are very pro-active about shooters rights. You may also want to contact Jeff Bourman who is a Member of Parliament for the Shooters, Fishers and Farmers Party and keep him in the loop, finally, don't despair, you have rights to fair treatment and hearing and whilst the process can be slow and frustrating the professionals and organizations know how to move through the red tape, Chin up mate, look forward to good news.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by Oldbloke » 06 Apr 2021, 11:53 am

No1Mk3 wrote:G'day Kitty,
You are at very real risk of losing your licence so do not delay in acting, the Notice of Suspension contains information regarding your right to appeal the Suspension prior to Cancellation being effected. Contact a lawyer with firearms experience and give them all relevant material, see your health providers as you planned. Your Psychiatrist being on leave should not be an issue at this stage as an objection to Cancellation will stop that process whilst an appeal is heard giving you time to see him if necessary. Are you a member of SSAA? If so, contact them immediately as their lawyer Peter Cooper is very good having resolved an issue for my Mrs I know his skills. If you are a member of the National Shooting Council or not, contact them and talk, they are very pro-active about shooters rights. You may also want to contact Jeff Bourman who is a Member of Parliament for the Shooters, Fishers and Farmers Party and keep him in the loop, finally, don't despair, you have rights to fair treatment and hearing and whilst the process can be slow and frustrating the professionals and organizations know how to move through the red tape, Chin up mate, look forward to good news.


That is very good advice IMO.

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Re: Notice of Suspension/proposal to cancel (Vic)

Post by pomemax » 06 Apr 2021, 12:09 pm

At a rough glance of your post I would think you are going to lose your licence .
Now its going to cost you heaps.
If you fight it and the onus is on you to prove you are a fit and proper person to hold a firearms licence .Sucks eh
When did you get you licence and when were you first told you had ptsd if they are not in the right order or if you failed to mention it on your original licence application you may never no mater how hard you fight it get back .
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by linkoln » 06 Apr 2021, 1:13 pm

It's good to get advice but you need to act now because the police won't waste time cancelling your licence. If you can't see your psychiatrist in the next few days then go to your doctor and get a letter saying you are ok to own firearms.
An NSC membership is vital to have these days for just such a situating, it is like insurance you never know when you will need it. You can also do it on your own but by it is good to have them there to support you.
PTSD is no reason to reject a licence but as others have mentioned I hope if you had told them about it when you applied because that is a serious thing not to disclose.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by ZaineB » 06 Apr 2021, 11:45 pm

others have said it NSC and Barrister it up, do not get some s**ty legal aid lawyer, DFO will mop the floor with them, instead go the extra mile, lastly hate to say it, get the heck away from toxic and destructive people, the better line to have walked with the drink driving mother would be to let her and notify police that she has done just that. Irrational people always cause more harm than good, and always cause harm the most for those being a hindrance to their destructive behaviour.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by deye243 » 07 Apr 2021, 12:14 am

ZaineB wrote:others have said it NSC and Barrister it up, do not get some s**ty legal aid lawyer, DFO will mop the floor with them, instead go the extra mile, lastly hate to say it, get the heck away from toxic and destructive people, the better line to have walked with the drink driving mother would be to let her and notify police that she has done just that. Irrational people always cause more harm than good, and always cause harm the most for those being a hindrance to their destructive behaviour.


+10
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by boingk » 07 Apr 2021, 12:20 am

Very good advice above.

The big part of the story we're missing here, though, is how you stopped her from drink driving.

If its a domestic assault charge you're eff-you-see-kay-ee-deed and not much will help you.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by ZaineB » 07 Apr 2021, 1:33 am

boingk wrote:Very good advice above.

The big part of the story we're missing here, though, is how you stopped her from drink driving.

If its a domestic assault charge you're eff-you-see-kay-ee-deed and not much will help you.



any and all things are "allegedly" at this point unless OP has flapped their gums to the cops when they shouldnt have.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by linkoln » 07 Apr 2021, 1:31 pm

boingk wrote:Very good advice above.

The big part of the story we're missing here, though, is how you stopped her from drink driving.


Yeah because if you think about it the mother didn't get to drive drunk so she didn't actually do anything wrong.

I guess another option in this situation would be to file charges against the mother for making a false police report that at least shows you are serious that what she said wasn't true.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by cz515 » 09 Apr 2021, 4:50 am

Strange first post abs then no reply after 4 days...hmmm call me paranoid.

But good replies talk to a lawyer
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by deye243 » 09 Apr 2021, 5:36 am

5 th then a reply on the 6th
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by linkoln » 09 Apr 2021, 1:26 pm

cz515 wrote:Strange first post abs then no reply after 4 days...hmmm call me paranoid.

But good replies talk to a lawyer


These forums are monitored by the authorises so it isn't much of a stretch to assume maybe they are asking questions to see what sort of response they get.
I've seen posts here of licencing asking for someone's details because they wanted to personally respond to a question someone had.
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Re: Notice of Suspension/proposal to cancel (Vic)

Post by bladeracer » 09 Apr 2021, 1:40 pm

Kitty wrote:Hey Everyone,

I'm hoping for a little advice, or to be more accurate a bit of an idea of what my chances are of losing my licence. Recently my mother who I care for and is an alcoholic called the police because I stopped her from drink driving.

When they arrived she told them that I had mental health issues and had been hospitalised before and needed to go back. Please note that I don't drink alcohol or take any illegal drugs. I do have PTSD, but it's being managed.

Today the loca DFO served me with a notice to suspend and proposal to cancel my licence. My rifles are stored with my dad. He's handed them in. I'm seeing my psychologist tomorrow and will ask her for a letter, I'll be making an appointment with my GP and also my psychiatrist who unfortunately is on Leave. I'm fairly confident that they all will be supportive as I have a good long-term relationship with all of them.

My question is, what is the likelihood of my licence being cancelled? I'm really stressed about this at the moment. I require my licence for farming purposes.

Any advice or thoughts are greatly appreciated,
Kitty


Get your dad to get your rifles back and take them to your dealer for storage until you sort this out. You can have the dealer seller them if you don't get your licence back, or transfer them to somebody else's licence. Never give them to the Police.
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