Has your licence been suspended under section 47A of the Firearms Act 1996?
An experienced criminal lawyer may be able to assist you in taking action to prevent the suspension of your licence. Within the Firearms Act 1996 there are potential defences against a suspension including:
Section 48 Making of Submissions
(1) The holder of a licence who has been notified under section 47 may make written submissions on the proposal to cancel the licence.
(2) Submissions made under subsection (1) must be made within 28 days of the holder being notified.
Section 49B Review of Decision as to Period of Disqualification
A person whose licence has been cancelled under section 49 may apply to the Committee for a review of a decision of the Chief Commissioner under section 49A(2) specifying the period of time within which the person is not entitled to apply for such a licence.
Section 50 Review of Decision to Cancel a Licence
The holder of a licence under this part whose licence has been cancelled by the Chief Commissioner under section 49(1), on any ground set out in that subsection other than the ground set out in paragraph (fa) may, if the holder is a non-prohibited person, apply to the Committee for a review of that decision.
These options, and others, may be available to you and could be successful in preventing your licence from being suspended. Contact a lawyer today to consider your options.
For more information, read below.
The offence
S47A of the Firearms Act 1996.
The basis:
The defendant was a prohibited person under section 3 (c)(i) or (c)(ib) under the Firearms Act 1996; and
The defendant had a licence under the Firearm Act 1996.
The maximum penalty
Suspension of licence.
Where will my case be heard?
Suspension of Licence cases are usually heard in the Magistrates’ Court.
What to do next?
Contact an experienced criminal lawyer immediately. Remember, the more time a lawyer has to prepare your defence, the greater the chance of preventing your licence from being suspended.
The legislation
Section 47A Suspension of licence—certain prohibited persons
(1) Immediately on becoming aware that the holder of a licence under this Part is a prohibited person for the reason referred to in paragraph (c)(i) or (c)(ib) of the definition of prohibited person, the Chief Commissioner must suspend the holder’s licence.
(2) If the holder of a licence that has been suspended under subsection (1) makes an application under section 189 within 3 months of the suspension, the suspension remains in force until the outcome of the application has been finally determined, or if the Chief Commissioner must cancel the licence under section 49(4), until the cancellation takes effect.
