Firearms Offences & Licensing Lawyers, Perth

What types of firearms licencing matters can Andrews Legal assist with?

We can represent you in relation to firearms charges and breaches of firearms and weapons legislation, firearms licence applications and firearms licence revocations. We can also assist with restraining order mattes where the person the subject of a restraining order is subject to a condition not to obtain or possess a firearm or firearms licence. We can assist with firearms licence applications and revocations, including applications for review of a firearms licencing decision in the State Administrative Tribunal.

What happens to my licence if I am charged with a criminal offence or firearms offence?

Depending on the type of offence you are charged with, Police usually wait until the conclusion of any criminal proceedings before seeking to revoke your firearms licence. If you are convicted of a firearms offence, breach of restraining order, assault offence, drug offence or any offence which causes police to have concerns as to whether you’re a fit and proper person to hold a firearms licence, Police may apply to revoke your firearms licence. In recent years Police have been revoking firearms licencing for a broad range of criminal offences, including summary offences such as common assault and possession of a prohibited drug.

What happens if Police serve me with notice of an intention to revoke my firearms licence or a revocation notice?

If you are served with a notice of intention to revoke your firearms licence Police may invite you to make a submission before a decision is made, we can assist you with the preparation of a submission. If Police serve you with a revocation notice, the notice takes effect immediately upon being served and you are required to surrender any firearms and ammunition in your possession forthwith.

Can Police seize my firearms if my licence is revoked?

Police are empowered to seize your firearms and ammunition if your firearms licence is revoked.

If my licence is revoked, can I arrange for my firearms to be stored?

If your firearms licence is revoked, you are able to arrange for a firearms dealer to take storage of your firearms. This ensures that your firearms are preserved while you exercise your legal right to challenge the decision. In the event that your licence is reinstated, you will be able to take legal possession of the firearms once again.

Can I transfer my firearms to another person who holds a firearms licence?

If your firearms licence is revoked, you may seek to transfer your firearms into the ownership of another person who holds a valid firearms licence. This person will need to apply for and obtain an extension to their firearms licence to add your firearms to their licence. This person then becomes legally responsible for the firearms and will be able to take possession of the firearms from wherever they are stored.

Who is the decision maker in respect to firearms licencing?

Firearms licencing applications, revocations and other licencing related matters are the responsibility of WA Police Licencing Services based in Cannington. Decisions to grant or revoke a firearms licence are made by the authorised delegate of the Commissioner of WA Police.

How do I challenge a revocation of my firearms licence?

You have the right to legally challenge a revocation of your firearms licence. The State Administrative Tribunal (“SAT”) is responsible for the review of firearms licencing decision. If your application for a firearms licence is refused, or if Police decide to revoke your firearms licence, you have 28 days to lodge an application to SAT for a review of the decision.

What powers does SAT have on review of a licencing decision?

SAT are able to hear the matter afresh, this means that they can have regard to evidence that was before police when the original decision was made and can have regard to fresh evidence, including any evidence that you may give or adduce. SAT are empowered to either affirm the original decision or to set aside the original decision and substitute a different decision, for example to set aside a revocation and reinstate your firearms licence.

Are challenges to the revocation of a firearms licence time sensitive?

If your firearms licence is revoked, the licence can only be renewed for 12 months form the date of the expiry of the licence. After 12-months from the expiry of your licence, the licence is no longer able to be renewed. Therefore, if more than 12-months has passed since the expiry of your licence, SAT will no longer be able to reinstate the existing licence. Instead, you will need to make a fresh application for a firearms licence. Therefore, when challenging the revocation of a firearms licence, time is of the essence.

What do Licencing Proceedings in the State Administrative Tribunal (“SAT”) involve?

If you lodge an application with SAT for review of a firearms licencing decision, your matter will initially be listed for a mention hearing. The purpose of the mention hearing is simply to program the matter for either a mediation or a hearing. No evidence will be presented at this initial mention hearing. Usually firearms licencing matters are referred for mediation before proceeding to a hearing. The purpose of a mediation is to determine whether the matter is able to be resolved between the parties without the need for a hearing in SAT.

The mediation is confidential process where you will meet in conference with your legal counsel, representatives of the Commissioner of Police will also be present with their counsel. The mediation is conducted by a member of State Administrative Tribunal. The member who presides at the mediation won’t be involved in deciding your case if it later proceeds to a hearing in SAT. The parties are not able to disclose the contents of any discussions which take place at the mediation and the discussions cannot be used against you at a later hearing. The purpose of the mediation is to attempt to resolve the matter without the need for a hearing. Sometimes following the mediation, the delegate of the Commissioner of Police may agree to make a different decision, which overrides the earlier decision. In this case, you will obtain the outcome you sought without requiring a hearing in SAT and your application for SAT review will be withdrawn.

If the matter is not able to be resolved at mediation, it will proceed to a hearing before a member of SAT. At the hearing, the Tribunal may hear evidence from witnesses and form yourself, and will receive any documentary evidence which the parties rely upon. At the conclusion of the hearing, the Tribunal will firstly determine any facts which are in dispute and will determine whether the original decision is either affirmed or set aside.

Contact Our Team of Experienced Firearms Offence Lawyers Today

Want to speak to someone about a firearms charge you’re facing? For expert legal advice when it comes to firearms licensing and charges, look no further than our experienced defence lawyers in Perth. Contact our team at Andrews Legal today for the best advice and representation by calling (08) 9221 2991.

Read more about licensing issues and the court process.