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8 Sporting Shooters Association of Australia (NSW) Inc. Legal Matters Question: What are some of the offences that exclude someone from getting a firearms licence? Answer: The list of disqualifying offences is quite extensive, so for the purposes of your question, here is a brief summary. Offences relating to the possession and use of a firearm or any other weapon; drug related offences; violence offences such as assault occasioning actual bodily harm; kidnapping, stalking, abduction, intimidation; sexual offences; fraud, dishonesty and stealing offences; robbery and terrorism. The complete list can be found at Regulation 5 of the Firearms Regulation 2006. Some of the offences listed above are subject to qualification. For example, for an offence of assault occasioning actual bodily harm, the person must have received a penalty of 28 days imprisonment or more, or a fine of $200.00 or more before it becomes an automatic disqualifying offence. Another example is for a fraud, dishonesty or stealing offence, where the penalty imposed must have been imprisonment for 3 months or more. All the offences above are disqualifying offences when a person has been CONVICTED by a court of the offence. However, a court can deal with offences by way of finding the person guilty of the offence, but NOT RECORDING A CONVICTION under Section 10 of the Crimes (Sentencing Procedure Act) 1999. In those circumstances, whilst it does not make for a mandatory disqualification from applying for a licence, it still provides the Commissioner of Police with a discretion as to whether a licence should be issued. However, when it is a discretionary refusal of an application, an unsuccessful applicant can generally seek an internal review of that decision and if still unsuccessful can make an application for review in the NSW Civil and Administrative Tribunal. Update on Legislative Changes Affecting Expired AVOs I wrote an article in the September 2016 edition about being able to revoke Apprehended Violence Orders even if they had expired as it removed the 10 year ban for people wanting to apply for a firearms licence. This legislation was one of the legacies of the Late Roy Smith MP when he was in the NSW Upper House. I also advised that the Government was moving to repeal that legislation so readers should get any application in as soon as possible before the legislation changed. I am now aware that the amendment of the Act commenced on 3 December 2016, so unfortunately there is no longer any provision for a person who has had an AVO against them, which has since expired, to seek its revocation. They now have to wait for ten years from the date the AVO expired before they can apply for a licence. 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 Lawyer Stephen Mainstone answers your questions this issue regarding offences and firearms licencing. Like our Facebook page and keep up with the latest: www.facebook.com/ssaansw Follow us on Twitter and share your thoughts: https://twitter.com/ssaansw