SAPOL Firearms Application - May not be fit and proper

[Conno866]

“MAY NOT BE A FIT AND PROPER PERSON”

I have a current interstate Firearms license in QLD and have so since 2019 and have just only recently moved to Adelaide due to relocation for work (ADF). I applied for my SA license on the 07/01/22 and i just got a reply from SA Firearms branch saying that it has come to their attention that I may not be a fit and proper person to possess firearms due to drug use.

In January 2016 I was 19 years old and was stopped for a roadside drug test and tested positive for Cannabis. I was given three months loss of licence and good behaviour for twelve months. They are preparing me a report for the Delegate of the Register of Firearms. They say this will be a lengthy process and they advise a long delay in my application. Basically the South Australian Civil and Administrative Tribunal (SACAT) will write to me about the details regarding my criminal history and I have to reply providing with information detailing the event, what has happened after the event and any other relevant information to contest their findings.

Me losing my license was a major, immature f*** up that pushed me back so far and was a massive wake up call. It caused me three years of applying for the ADF. Every job i have worked since has had regular drug and alcohol tests, and now finally joining the ADF ( Mind you, in the interview I had for my Assessment day to enlist this topic came up and they obviously found me to not be a drug user) there is a zero tolerance on the use of drugs and alcohol abuse. After joining I’ve been relocated from QLD to SA and I’ve spent a fortune this past months organising my guns from home to be sent down and are going to be sitting at a dealer here in Adelaide.

Is this enough information for them to change their minds? Or am i basically f***ed here???

[Communism_Is_Cancer]

It's very interesting that QLD gave you the firearms licence after a drug conviction as they would of had legal grounds to deny you. I personally think you need a firearms lawyer and will just have to go through the SACAT process.

I really don't think people on here can provide you with an answer because it could go either way. SA is not QLD they are a sovereign entity with their own laws and being fit and proper in one state does not mean you will be in another.

[rc42]

Have to agree, you need specialist firearms lawyer advise on the exact wording of your response that shows your remorse and how you've turned your life around.
It will certainly help that you have a current job that requires regular drug testing and have had a history of such jobs over the last few years. Might be worth trying to get those employers to send you a formal summary of your previous test results if they can.

[Communism_Is_Cancer]

Exactly, you need specialised help from a professional that nobody on this forum can help you with . It will not be cheap.

Also, Queensland has 10 year licences for A and B. If you got your licence in 2019 you will have until the end of this decade until it expires(that is of course if you paid for 10 years and not for less). To hold a QLD licence you must be be a QLD resident. It is legally possible to be a resident of 2 domiciles at once. My point being it may be possible to keep your QLD licence and still shoot your firearms legally in SA as SA recognises QLD licences.

Ask the lawyer if you can withdraw your application with SAPOL and maintain residency in two locations to keep your QLD licence.

[bladeracer]

Exactly, you need specialised help from a professional that nobody on this forum can help you with . It will not be cheap.

Also, Queensland has 10 year licences for A and B. If you got your licence in 2019 you will have until the end of this decade until it expires(that is of course if you paid for 10 years and not for less). To hold a QLD licence you must be be a QLD resident. It is legally possible to be a resident of 2 domiciles at once. My point being it may be possible to keep your QLD licence and still shoot your firearms legally in SA as SA recognises QLD licences.

Ask the lawyer if you can withdraw your application with SAPOL and maintain residency in two locations to keep your QLD licence.

I believe all states now require that you can only hold one licence, and it must be in the state you actually reside in. SA will recognise your Qld licence as a visitor, not as a resident. If you move interstate for a short period I've heard it's possible to get a Commissioner's approval to maintain your current licence while you are living interstate for work.

Get a lawyer on this ASAP.
Simon Munslow, Ross Williamson, Karrie Louden are the obvious ones.

[Communism_Is_Cancer]

Exactly, you need specialised help from a professional that nobody on this forum can help you with . It will not be cheap.

Also, Queensland has 10 year licences for A and B. If you got your licence in 2019 you will have until the end of this decade until it expires(that is of course if you paid for 10 years and not for less). To hold a QLD licence you must be be a QLD resident. It is legally possible to be a resident of 2 domiciles at once. My point being it may be possible to keep your QLD licence and still shoot your firearms legally in SA as SA recognises QLD licences.

Ask the lawyer if you can withdraw your application with SAPOL and maintain residency in two locations to keep your QLD licence.

I believe all states now require that you can only hold one licence, and it must be in the state you actually reside in. SA will recognise your Qld licence as a visitor, not as a resident. If you move interstate for a short period I've heard it's possible to get a Commissioner's approval to maintain your current licence while you are living interstate for work.

Get a lawyer on this ASAP.
Simon Munslow, Ross Williamson, Karrie Louden are the obvious ones.

I wonder if it is possible for him to maintain residency in 2 locations so he can keep his QLD licence at least? Either way old mate needs some expert help that's for sure. I am surprised QLD gave him the licence in the first place. Having the QLD licence and if he can get recommendations from the ADF should work in his favour.

[bladeracer]

I wonder if it is possible for him to maintain residency in 2 locations so he can keep his QLD licence at least? Either way old mate needs some expert help that's for sure. I am surprised QLD gave him the licence in the first place. Having the QLD licence and if he can get recommendations from the ADF should work in his favour.

If he's been posted for more than a couple years I think it's unlikely, it's aimed more at longterm contract employees that know they'll be returning home after a 12-month stint and such.

Agreed about getting his licence already. As long as Qld did their job and vetted his record properly, saw the conviction, and discounted it, that must count in some way to SA's vetting officers. I'm surprised they didn't do this same thing to him then though, a "please explain".

Get a lawyer onto it, this is the sort of case they'll hope you get bored with and give up on, I can't see them making it a priority.

[Communism_Is_Cancer]

I wonder if it is possible for him to maintain residency in 2 locations so he can keep his QLD licence at least? Either way old mate needs some expert help that's for sure. I am surprised QLD gave him the licence in the first place. Having the QLD licence and if he can get recommendations from the ADF should work in his favour.

If he's been posted for more than a couple years I think it's unlikely, it's aimed more at longterm contract employees that know they'll be returning home after a 12-month stint and such.

Agreed about getting his licence already. As long as Qld did their job and vetted his record properly, saw the conviction, and discounted it, that must count in some way to SA's vetting officers. I'm surprised they didn't do this same thing to him then though, a "please explain".

Get a lawyer onto it, this is the sort of case they'll hope you get bored with and give up on, I can't see them making it a priority.

Unlikely but I do wonder if this could open up a can of wombs between QLD and SA because the initial licence may of been granted in error? Like the time a couple of years ago a bloke applied for a cat A and B licence but was given cat C and D in error. QLD police like to forget about that.

[on_one_wheel]

The information you have provided should be enough, a couple of character references from the the ADF and someone else would probably help add weight to your case. Best of luck

[Oldbloke]

The information you have provided should be enough, a couple of character references from the the ADF and someone else would probably help add weight to your case. Best of luck

My thoughts too.

Are you a member of one of the following. ?Could give them a call.

NSC
Shooters Union
SFFP
SSAA

Or as mentioned a lawyer.

Do not delay

[Conno866]

Cheers for your responses. I've gotten onto a Firearms lawyer and now following the bouncing ball. And yea im a member of SSAA

[Communism_Is_Cancer]

Keep us updated mate. I hope it works out.