Getting QLD firearms license with GBH conviction?

[Joeseb87]

Has anybody successfully got a qld weapons licence with a Grevious Bodily Harm conviction?

[brett1868]

How long ago? and what was the penalty?

[Joeseb87]

7 years ago and 3.5 years improsoment parole at 9 months

[Elek]

It seems you would be allowed according to QLD Police website.

Licence conditions

You must have a ‘genuine reason’ to hold a licence (e.g. sport or target shooting, working in a rural area, security guard).

To apply you must:

• be a fit and proper person
• have done an approved safety training course
• have safe and secure storage for the weapon.

A fit and proper person

Generally a person is not fit and proper if in the last 5 years:

• they have been convicted of (or discharged from custody on sentence) an offence...

And it goes on to list a few things. But 5 years is what they say.

https://www.qld.gov.au/law/crime-and-po ... s-licence/

There's no harm in applying in any case.

[Joeseb87]

So from what I have found out is its a case by case basis and is 5 years from end of sentence not conviction date so 22 months before I can apply just curious if anybody has got one without been knocked back

[Redwood]

and what was the penalty?

Correct me if I'm wrong but I'm 99% sure it's done on the potential penalty, not what someone is sentenced too.

I'm going off memory here but I'm sure it's something along the lines of 'convicted of a crime which carries a potential penalty of 5 years jail or more', something like that.

You don't actually have to have been sentenced to that period, it just needs to have been a potential penalty for the crime.

[AnotherMisfire]

and what was the penalty?

Correct me if I'm wrong but I'm 99% sure it's done on the potential penalty, not what someone is sentenced too.

I'm going off memory here but I'm sure it's something along the lines of 'convicted of a crime which carries a potential penalty of 5 years jail or more', something like that.

You don't actually have to have been sentenced to that period, it just needs to have been a potential penalty for the crime.

Hey Redwood,

The Queensland disallowance provisions are based on date of "conviction" or "discharge from custody on sentence".

In Victoria it depends on the offence, but generally speaking you're considered a "prohibited person" for 15 years if you have "finished serving a term of imprisonment" of 5 years or more. For 5 years or less then its a 5 year prohibition. In Vic "term of imprisonment" includes parole.

So it's about the sentence - which makes sense because there are quite a few offences on the books which have a huge range of potential punishments.

For example, if it went off potential penalty, any drink driving offence would immediately disqualify you from holding a licence as a first time DUIL in Vic can carry an imprisonment of 3 months.

Cheers

[AnotherMisfire]

.

[Walt68]

they may require a ten year no conviction period, which then become "Spent"

[AnotherMisfire]

There's no requirement for a conviction to be 'spent' in Queensland when it comes to gun licences - just those fit and proper points mentioned above.

The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) states that:

A person shall not be required or asked to disclose and, if so required or asked, shall not be obliged to disclose for any purpose a conviction that is not part of the person’s criminal history or of the criminal history of another person or a charge made against the person or another person.

... BUT ...

(That) does not apply where the requirement or request to disclose a conviction or charge therein referred to is made—
(a) for the purposes of an inquiry being conducted pursuant to authority conferred by or under an Act

The Qld Weapons Act provides:

"an officer in charge of police or authorised officer with whom an application for a licence is lodged may—
(a) make an inquiry or investigation about the applicant or the application;"

Just had a quick look at the Qld Application Form and it says: "Have you in Queensland or elsewhere EVER been charged with any offence?" (the ever is in capitals and bold!)

So even if it's spent you have to declare it.

Northern Territory has pretty much the same requirements - five years from being found guilty or released from custody (whichever is the later) before they can consider you - section 10 of the Firearms Act.

[pajamatime]

When u do eventually get it m8 just remember due to your history if you even slip up once you may never get it back....

[Lyam]

So it's about the sentence - which makes sense because there are quite a few offences on the books which have a huge range of potential punishments.

For example, if it went off potential penalty, any drink driving offence would immediately disqualify you from holding a licence as a first time DUIL in Vic can carry an imprisonment of 3 months.

You say that like you'd be surprised if some of our laws didn't make sense, or overly harshly penalised or prohibited people.

Cause that never happens here