Person on parole in a home that has a registered firearm

[Bauer]

I have a firearm license but no firearm yet. Was just wondering I have a family member who will be coming home from jail in a year (drug offences not firearm or violence etc). Will that be an issue if I have a firearm with a convicted criminal (such harsh words tbh) in the house? Or does it depend more on the parole conditions etc

thanks for any help

[KWhorenet]

Have you asked your local cops?

Why ask a forum for specific legalities?

[Bourt]

Think about it really... You'd be being prevented from doing something you're otherwise allowed to do based on the actions of another. That's not how it works.

A person who possesses a firearm must take all reasonable precautions to ensure

a. Its safe storage
b. That it is not stolen or lost
c. That it does not come into the possession of a person who is not authorised to possess a firearm

You're authorised to have the firearms and are responsible for making sure someone who isn't doesn't come into possession of them.

Whether they're not authorised due to being unlicensed, or specifically prohibited for a criminal action, it's no reflection on you.

[Norton]

It's been a while... but if memory serves there is nothing like this asked on either the licensing process or the PTA.

No "do you live with anyone who is prohibited from handling a firearm" etc. anywhere.

As Bourt said, you're not responsible or punishable for the actions of a family member.

[1290]

I have a firearm license but no firearm yet. Was just wondering I have a family member who will be coming home from jail in a year (drug offences not firearm or violence etc). Will that be an issue if I have a firearm with a convicted criminal (such harsh words tbh) in the house? Or does it depend more on the parole conditions etc

thanks for any help

Harsh words?? Has he been convicted of a crime? I take it he has therefore it follows that he is a convicted criminal, as painful as it may sound to you. Granted, he's a family member, maybe you think he shouldnt have been punished for such an insignificant crime.....

regardless, should you wish to abide by the letter of the law.....abide.

He is a prohibited person under the weapons Act only if he has been convicted of "an offence involving drugs, weapons or violence
prescribed under a regulation that is punishable by imprisonment for 7 years or more"

So......you may both be OK

[Bauer]

Think about it really... You'd be being prevented from doing something you're otherwise allowed to do based on the actions of another. That's not how it works.

A person who possesses a firearm must take all reasonable precautions to ensure

a. Its safe storage
b. That it is not stolen or lost
c. That it does not come into the possession of a person who is not authorised to possess a firearm

You're authorised to have the firearms and are responsible for making sure someone who isn't doesn't come into possession of them.

Whether they're not authorised due to being unlicensed, or specifically prohibited for a criminal action, it's no reflection on you.

It's been a while... but if memory serves there is nothing like this asked on either the licensing process or the PTA.

No "do you live with anyone who is prohibited from handling a firearm" etc. anywhere.

As Bourt said, you're not responsible or punishable for the actions of a family member.

Yeah that's what I thought

I have a firearm license but no firearm yet. Was just wondering I have a family member who will be coming home from jail in a year (drug offences not firearm or violence etc). Will that be an issue if I have a firearm with a convicted criminal (such harsh words tbh) in the house? Or does it depend more on the parole conditions etc

thanks for any help

Harsh words?? Has he been convicted of a crime? I take it he has therefore it follows that he is a convicted criminal, as painful as it may sound to you. Granted, he's a family member, maybe you think he shouldnt have been punished for such an insignificant crime.....

regardless, should you wish to abide by the letter of the law.....abide.

He is a prohibited person under the weapons Act only if he has been convicted of "an offence involving drugs, weapons or violence
prescribed under a regulation that is punishable by imprisonment for 7 years or more"

So......you may both be OK

I guess technically he is but they sound so derogatory, makes someone sound like a scumbag when they're not lol

also he got 9 years and parole in 4 and a half so that counts him out at least

[1290]

Think about it really... You'd be being prevented from doing something you're otherwise allowed to do based on the actions of another. That's not how it works.

A person who possesses a firearm must take all reasonable precautions to ensure

a. Its safe storage
b. That it is not stolen or lost
c. That it does not come into the possession of a person who is not authorised to possess a firearm

You're authorised to have the firearms and are responsible for making sure someone who isn't doesn't come into possession of them.

Whether they're not authorised due to being unlicensed, or specifically prohibited for a criminal action, it's no reflection on you.

It's been a while... but if memory serves there is nothing like this asked on either the licensing process or the PTA.

No "do you live with anyone who is prohibited from handling a firearm" etc. anywhere.

As Bourt said, you're not responsible or punishable for the actions of a family member.

Yeah that's what I thought

I have a firearm license but no firearm yet. Was just wondering I have a family member who will be coming home from jail in a year (drug offences not firearm or violence etc). Will that be an issue if I have a firearm with a convicted criminal (such harsh words tbh) in the house? Or does it depend more on the parole conditions etc

thanks for any help

Harsh words?? Has he been convicted of a crime? I take it he has therefore it follows that he is a convicted criminal, as painful as it may sound to you. Granted, he's a family member, maybe you think he shouldnt have been punished for such an insignificant crime.....

regardless, should you wish to abide by the letter of the law.....abide.

He is a prohibited person under the weapons Act only if he has been convicted of "an offence involving drugs, weapons or violence
prescribed under a regulation that is punishable by imprisonment for 7 years or more"

So......you may both be OK

I guess technically he is but they sound so derogatory, makes someone sound like a scumbag when they're not lol

also he got 9 years and parole in 4 and a half so that counts him out at least

Parole is also 'imprisonment' so..... bummer. Just keep the firearms to yourself.

[Bauer]

yeah I don't know how the conversation came to that I was only talking about me

[VICHunter]

He is a prohibited person under the weapons Act only if he has been convicted of "an offence involving drugs, weapons or violence
prescribed under a regulation that is punishable by imprisonment for 7 years or more"

So......you may both be OK

I guess technically he is but they sound so derogatory, makes someone sound like a scumbag when they're not lol

also he got 9 years and parole in 4 and a half so that counts him out at least

I'm 99% sure it's based on if the crime carries a sentence of up to X years. Not if you actually served X years.

I don't it handy to quote so won't start making up numbers, but lets say it's 7 as above... If the maximum sentence for the drug conviction was 9 but he only served the 4 he's still prohibited because of the longer possible maximum.

Double check but FYI I'm pretty confident that's correct.

In any case, it should be no problem as long as you maintain control over them and he has no access.

[veep]

This is from Vic Pol website.

You will be considered 'prohibited' for 12 months if you are found guilty by any Australian state or territory court of:

• an offence against the Firearms Act 1996 for which a court could impose a term of imprisonment
• an offence against any other act involving the possession or use of firearms and for which a court could impose a term of imprisonment
• an indictable offence.

There will be a lot more to it than that for different scenarios but the above's right to some extent. Doesn't have to be time physically served, just if it's on the table.

[KWhorenet]

I don't know the specifics of the offence; but a neighbour has had all his confiscated for at least 12 months.

His girlfriend/house partner who was not involved in his crime or order, is also not allowed to keep her firearms in the same house.

Hence why I suggested asking authorities, instead of our muddied opinions no matter how logical we think they are.

[upup]

His girlfriend/house partner who was not involved in his crime or order, is also not allowed to keep her firearms in the same house.

Geez if that's right I bet she's f***ing happy about that!

[tapper]

No lovin' for him for 12 months

[KWhorenet]

She quickly pointed that little gem out when he was telling me he has no firearms allowed...but he was quick to tell me about his hunting bow which he is allowed. Go figure?

I know he hunts near bye as I've heard his bike start up and putt putt off into the bush bordering my property while I go for a walk n stalk. Maybe night vision in use. Really makes me wonder how many of my deer have been quietly arrowed in the night while I wasn't living here full time but that's another story.

[upup]

Maybe stick a GPS chip on each one and see if any make there way to his house

[kritch]

Really makes me wonder how many of my deer have been quietly arrowed in the night while I wasn't living here full time but that's another story.

You breed them to hunt or to sell/meat, KW?

How many you got there?

Just curious, no poaching planned

[Gwion]

I agree with KWhorenet. Ask the authorities and don't take a chance that could screw you over!

[schink]

Really makes me wonder how many of my deer have been quietly arrowed in the night while I wasn't living here full time but that's another story.

If he's always eating venison maybe ask the local butcher how often he comes in and you can work it out

[pajamatime]

ultimately its not him i would be worried about its whether or not you got appropriate security considering the circumstances.
Some people don't like extra security but perhaps for your own sake more is better?

I would at least:
-make sure my gun room has a key lockable door knob
-I would set up some sort of unmonitored Alarm system
-make sure my key security is obtimal

I guess another thing to think about is, does he know you have firearms to begin with?

[Sender]

He'll obviously notice a gun safe and figure it out at some point.

Agreed with the additional measures though.

Locked room, take the keys to the room and the safe with you. Don't leave them at home unattended.

They should be hidden from him legally, but could still be found. Even if trust isn't an issue, should the worst happen somehow it shows you took every precaution.

[headspace]

That bloke got nine years? He must have done something more serious than got caught smoking a joint. Was he dealing? If so he's a player and can't be trusted.

No offence intended, but a 9year sentence is up there when blokes only get 15 for murder.

JD

[brand]

Even if trust isn't an issue, should the worst happen somehow it shows you took every precaution.

That's all you can do.

[inervate]

He must have done something more serious than got caught smoking a joint.

Shouldn't have flipped off the judge