Assistance with becoming prohibited person

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

Assistance with becoming prohibited person

Post by Hebroughtajeep » 13 Sep 2024, 4:59 am

Hey guys and girls
Just needed some advice obtained my license a year or so ago an and b licence for hunting was going to join a club recently but have got into a bit of a legal problem.
Was pulled over for driving whilst disqualified yes stupid I know should not of done it. Due to previous history and work the judge put me on a community order for 10 months. Because it has supervision as part of the conditions it now makes me a prohibited person.
Has anyone been through something similar I’ve never had any criminal. Convictions only a s**t driving history which I’m taking responsibility for.
Do I hand them into a gun shop or do I wait for a letter if I’m going to be suspended. I’ve done some reading it’s telling me 12 months only because of the supervision component.

Just don’t want to do anything to make things worse.
Advice would be good thanks
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Re: Assistance with becoming prohibited person

Post by bladeracer » 17 Sep 2024, 8:11 am

Hebroughtajeep wrote:Hey guys and girls
Just needed some advice obtained my license a year or so ago an and b licence for hunting was going to join a club recently but have got into a bit of a legal problem.
Was pulled over for driving whilst disqualified yes stupid I know should not of done it. Due to previous history and work the judge put me on a community order for 10 months. Because it has supervision as part of the conditions it now makes me a prohibited person.
Has anyone been through something similar I’ve never had any criminal. Convictions only a s**t driving history which I’m taking responsibility for.
Do I hand them into a gun shop or do I wait for a letter if I’m going to be suspended. I’ve done some reading it’s telling me 12 months only because of the supervision component.

Just don’t want to do anything to make things worse.
Advice would be good thanks


I would talk to one of the firearm lawyers immediately - first thing.

Becoming a prohibited person isn't contingent on being served a notice, you become prohibited as soon as you fulfil the requirements, and must no longer have access to firearms. If you believe you now fulfil those requirements I would talk to your dealer ASAP and have him store your firearms, and ammunition, until you can determine otherwise. As you hold a firearm licence I would expect the court would notify Police and they would be around to seize your firearms pretty quickly, I would want to remove that requirement by getting your firearms into storage and notifying Police that you no longer have access to firearms.
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Re: Assistance with becoming prohibited person

Post by alexjones » 17 Sep 2024, 8:40 am

So you was disqualified from driving before you had your firearm licence? And they still granted you fit and proper? Sometimes you only get the one chance like that mate.

Police do like to use driving to prove you are not a fit and proper person because it is such a broad term. The police might never come to seize your firearms or maybe they will. But in a few years when you renew your licence or even when you submit for a new PTA they will see your history and you might have to provide further information why you are a fit and proper person.

As mentioned above you should seek legal advise or at the very least store your firearm with a registered dealer.
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Re: Assistance with becoming prohibited person

Post by Hebroughtajeep » 17 Sep 2024, 11:03 am

Thanks guys.

It’s not the court that has deemed me prohibited its due to being put onto a community corrections order that has supervision as part of the order, from that it triggers prohibited person. The order is for me to be supervised for 10 months, I’ve already spoken with local dealer and will be transferring everything to their shop. I’ll also seek legal advice but the way I see it is that fair is fair I have an order for 10 months so no licence but I would expect it back at some point within a year or so.
I just don’t want to fall into a trap the legal advice is a must.
Thanks
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Re: Assistance with becoming prohibited person

Post by deye243 » 17 Sep 2024, 2:20 pm

Usually in Victoria if you become a prohibited person you are banned from a shooter's license for a minimum of five years but I will stand corrected on that.
But I do know a young bloke who actually got on well with the coppers and when he went back to court to get permission to get his license 16 months later they told the judge they had no problem with it so he got his back early.

PS sell ya car because anymore Shenanigans you're gonna have an even bigger problem.
Last edited by deye243 on 17 Sep 2024, 2:22 pm, edited 1 time in total.
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Re: Assistance with becoming prohibited person

Post by bladeracer » 17 Sep 2024, 2:20 pm

Hebroughtajeep wrote:Thanks guys.

It’s not the court that has deemed me prohibited its due to being put onto a community corrections order that has supervision as part of the order, from that it triggers prohibited person. The order is for me to be supervised for 10 months, I’ve already spoken with local dealer and will be transferring everything to their shop. I’ll also seek legal advice but the way I see it is that fair is fair I have an order for 10 months so no licence but I would expect it back at some point within a year or so.
I just don’t want to fall into a trap the legal advice is a must.
Thanks


Sounds like you're dealing sensibly with it. It's possible at the end that you might have to apply to have the PP status removed, not sure it'll be automatic in the eyes of the Registry.
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Re: Assistance with becoming prohibited person

Post by Hebroughtajeep » 22 Sep 2024, 2:46 pm

Thanks all

Just an update. So fire arms were handed in prior to them arriving I should receive something in mail and yes closer reading to the community order seems to state “if applicable” that license is cancelled for 5 years. Cars are all gone it’s funny as one continues to get pulled over, I may get a little bit of legal advice but I think for piece of mind I want to apply for the form 189 after the order as I do not want PP hanging over my head. As licence is canceled I’ll have to re apply if I want it. So the police can decide yes or no.
There is no harm in trying but if anyone has legal advice please feel free to share.
Thanks all you have been very non judgmental! Enjoy your licences and don’t get into any trouble driving
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