Prohibited Person

When making reference to the Firearms Act 1996, it is important to examine what “prohibited person” means under section 3 of the Act.

If you have been charged with an offence or offences against the Firearms Act, it may be because you are prohibited from possessing, carrying or using a firearm under the Act.

This can be because you have served a certain amount of time in prison, in Victoria or in another state, and so are excluded from legally possessing a firearm in accordance with the act.

For the complete list of prohibited persons, see section 3 of the Firearms Act 1996.

The legislation

S3 Definitions

1. a person who is serving a term of imprisonment for—

(i) an indictable offence; or

(ii) an assault; or

(iii) an offence under the Drugs, Poisons and Controlled Substances Act 1981; or

(iiia) an offence under the Control of Weapons Act 1990—

or, in relation to a person—

(iv) not more than 15 years have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or

(v) not more than 5 years have expired since the person finished serving a term of imprisonment of less than 5 years for such an offence; or

2. a person who is serving a term of imprisonment in another State or a Territory for an offence of a corresponding nature to an offence listed in paragraph (a) or in relation to a person—

(i) not more than 15 years have expired since the person finished serving a term of imprisonment in another State or a Territory of 5 years or more for such an offence; or

(ii) or not more than 5 years have expired since that person finished serving a term of imprisonment in another State or a Territory of less than 5 years for such an offence; or

(ba) a person—

(i) who is serving a term of imprisonment for an offence under section 321 or 321A of the Crimes Act 1958; or

(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment for an offence specified in subparagraph (i); or

(bb) a person—

(i) who is serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence of a corresponding nature to an offence specified in paragraph (ba)(i); or

(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence specified in paragraph (ba)(i); or

3. a person who is subject to—

(i) a final order under the Family Violence Protection Act 2008 that does not include conditions cancelling or revoking a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ia) a final order under the Family Violence Protection Act 2008 that does include conditions cancelling or revoking a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ib) a final order under the Personal Safety Intervention Orders Act 2010 that does not cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ic) a final order under the Personal Safety Intervention Orders Act 2010 that does cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ii) an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(iia) a community correction order, within the meaning of the Sentencing Act 1991, that has a supervision condition attached under section 48E of the Sentencing Act 1991; or

(iii) a supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—

or, in relation to a person, not more than 5 years have expired since the person was subject to such an order; or

4. a person, in relation to whom, not more than 12 months have expired since that person was found guilty by a court, whether in Victoria or in another State or a Territory, of—

(i) an offence against this Act, in relation to which it was open to the court to impose a term of imprisonment; or

(ii) an offence against any other Act involving the possession or use of firearms and in relation to which it was open to the court to impose a term of imprisonment; or

(iii) an indictable offence—

and who is not, by virtue of the operation of any other paragraph of this definition, a prohibited person; or

5. any person who is of a prescribed class of persons.

What to do next?

The Definitions section outlines other key terms such as firearm, responsible person, and carry. If you need clarification in relation to your position regarding Firearm possession, then you should contact a lawyer to discuss your situation.