Issue link: http://ssaansw.uberflip.com/i/1059218
Q. What happens when a mental health issue arises for a person who is applying for a firearms licence or who is a current licence holder? A. If a person who is applying for a firearms licence answers yes to any of the questions in their application relating to suffering from or having been diagnosed with a mental illness, depression or who has previously threatened or attempted suicide, the Firearms Registry will require a report from a suitably qualified Psychiatrist or Psychologist regarding that person's fitness to be granted a firearms licence. The cost of obtaining this report lies with the applicant for the licence. If a report is obtained stating the person is fit to hold a licence in that Psychiatrist's or Psychologist's opinion, the Registry may issue the licence. However, it is still within their power not to grant the licence. Should the application be refused despite a positive report, the applicant is entitled to seek an Internal Review of that decision from the Registry and if that is unsuccessful they can apply for a review in the NSW Civil & Administrative Tribunal. For a licence holder, if the Police or Firearms Registry receive information which makes them believe the person is suffering from a mental illness, depression or has threatened or attempted suicide, their licence may be immediately suspended and their firearms seized until such time as a report is obtained from a suitably qualified Psychiatrist or Psychologist. Once again, the cost of obtaining the report lies with the licence holder. If a positive report is obtained, the Registry may lift the suspension and return the firearms to the licence holder. Again, the Registry has the power, despite a positive report, to move to revocation of the licence. Should the Registry move to revoke the licence, the same appeal provisions of Internal Review and administrative review in the Tribunal are available. Stephen Mainstone The information contained in this article is general in nature and should not be considered legal advice. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers is able to provide legal advice regarding all firearms and other Police related matters. Contact our office on (02) 9531 0322, email at info@mainstonelawyers.com.au or on our website www.mainstonelawyers.com.au Ask Stephen Legal Matters Like our Facebook page and keep up with the latest: www.facebook.com/ssaansw 24 Sporting Shooters Association of Australia (NSW) Inc. Benchrest: Dave Billinghurst 0418 478 160 Big Game: Ben Doherty 0409 831 258 Colonial Action: Bob Conran 0419 423 161 Combined Services: Corey Garbutt 0427 634 543 Field Rifle & 3P: Gerald Watters 0414 526 621 Lever Action: Don Chesworth 02 6628 3979 Muzzleloading: Ian Hanlon 02 6568 7050 Pistol: Vacant Rifle Silhouette: Tim Barry 0419 405 696 Shotgun: Greg Allen 0409 444 955 Single Action: Matt Barwick 0418 468 721 Discipline Coordinator: Warren Brown 0428 623 161 Discipline Chairmen