Power of the Chief Commissioner to Cancel Licence under this Part. Has your licence been cancelled under section 49 of the Firearms Act 1996?

Section 49 contains a list of the reasons which allow the Chief Commissioner to cancel a licence.

The legislation

(1) The Chief Commissioner may cancel a licence suspended under section 47 if, after considering any submissions made within the time fixed for making submissions, the Chief Commissioner is satisfied that—

(a)  the holder no longer has the reason specified in the licence for holding the licence; or

(b)  the holder has failed to notify the Chief Commissioner of a change of his or her address; or

(c)  the holder has knowingly supplied false or misleading information in a material particular in, or in connection with the application for the licence or renewal of the licence; or

(d)  the holder has contravened or failed to comply with a condition of the licence, that is not a condition set out in section 16(3) and (4) or section 16(5) and (6); or

(e)  the holder has contravened or failed to comply with any requirement for the storage of firearms possessed, carried or used under the licence; or

(f)  the holder of the licence or any responsible person in relation to the licence is no longer a fit and proper person; or

(fa)  in particular, in relation to the holder of a handgun licence, that there is information as to criminal activities on the part of the holder that is known to the Chief Commissioner that causes the Chief Commissioner to be satisfied that the person is not a fit and proper person; or

(g)  the holder of the licence cannot carry on, or be employed in the business without being a danger to public safety or peace; or

(h)  the holder of the licence or a responsible person in relation to the licence has contravened a provision of this Act or the regulations; or

(ha)  the holder has, through his or her negligence or fraud, caused a firearm to be lost or stolen; or

(i) the holder is no longer entitled to hold the licence for any other prescribed reason.

(2)  If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(3) and (4) applies, the Chief Commissioner must cancel that licence if the holder has failed to comply with that condition.

(2A) A holder of a licence, or a responsible person in relation to a licence, is presumed not to be a fit and proper person for the purposes of subsection (1)(f) if he or she is a declared organisation member.

(2B) A presumption under subsection (2A) may be rebutted.

(3)  If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(5) and (6) applies, the Chief Commissioner—

(a)  must cancel that licence if the holder has failed to comply with section 16(5)(d); and

(b)  may cancel that licence if the holder has failed to comply with section 16(5)(c).

(4)  The Chief Commissioner must cancel a licence that has been suspended under section 47A(1) on the expiry of 3 months after the suspension of the licence, unless the holder of the licence makes an application under section 189 before the expiry of the 3 month period for a declaration referred to in—

(a)  section 189(1)(a) or (1)(b); or

(b)  section 189(1AA)(a) or (1AA)(b).

(5)  In the case of a person whose licence has been suspended and who makes an application under section 189, the Chief Commissioner must cancel the licence unless—

(a)  the court makes a declaration referred to in subsection (1)(a) or (1AA)(a); or

(b)  the court makes a declaration referred to in subsection (1)(b) or (1AA)(b) deeming the holder of the licence to be a prohibited person for limited purposes and the purpose for which the person is deemed not to be a prohibited person is the purpose for which the licence is issued.

What should I do next?

If your licence has been cancelled for any of the reasons in section 49 of the Firearms Act 1996 you should book an appointment with an experienced criminal lawyer immediately. Let us assist you in contesting your cancellation.