JJ Blog Content 19 MAY 2023 5

What You Need to Know About Firearms Licence Suspension in NSW

Having your firearms licence suspended in New South Wales (NSW) can be a daunting experience. In this article, we’ll provide you with essential information about firearms licence suspension, including the reasons for suspension, the effects of suspension and when to contact a weapons lawyer. As firearms lawyers with expertise in criminal defence, we aim to help you navigate this challenging situation and protect your rights.

What Does Firearms Licence Suspension Mean?

Firearms licence suspension is a temporary measure that prohibits the possession and use of firearms or prohibited weapons during the specified suspension period. It is imposed under specific circumstances outlined in firearms and prohibited weapons legislation in NSW.

Suspension can occur for different reasons, depending on the circumstances. Here are the main categories:

  • Discretionary Suspension: Your firearms licence, firearms permit, or prohibited weapon permit may be suspended for reasons that could also lead to licence or permit revocation. 
  • Mandatory Suspension: If you are charged with a domestic violence offence under the Crimes (Domestic and Personal Violence) Act 2007 or if there is reasonable cause to believe that you have committed or threatened to commit such an offence, your firearms licence or prohibited weapon permit must be suspended. 
  • Automatic Suspension: If you become subject to an Interim Apprehended Violence Order, your firearms licence or prohibited weapon permit will be automatically suspended until the order is confirmed or revoked. 

When Does a Firearms Licence Suspension Take Effect?

When a firearms licence suspension takes effect in NSW depends on the specific circumstances. Here are the general scenarios:

  • Notice of Suspension: In most cases, a suspension takes effect when the Notice of Suspension is served to the licence holder. This notice can be served by the police or sent via post. It outlines the grounds for suspension and the duration of the suspension period.
  • Interim Apprehended Violence Order (IAVO): If an individual becomes subject to an Interim Apprehended Violence Order, their firearms licence or prohibited weapon permit is automatically suspended. The suspension remains in place until the order is either confirmed or revoked.

It is important to note that the exact timing and effect of the suspension may vary depending on the circumstances of each case. Consulting with a firearms lawyer can provide you with specific guidance tailored to your situation.

How to Comply with a Suspension

Once a licence suspension takes effect, one should adhere to the restrictions imposed. During the suspension period, the licence holder must not possess or use firearms or prohibited weapons unless the suspension has been lifted by the Firearms Registry.

Failure to comply with the suspension can have serious legal consequences. That is why it is essential to surrender any firearms, prohibited weapons, as well as the licence card or permit to the police as required.

When to Contact a Firearms Lawyer

Dealing with firearms licence suspension can be complex and overwhelming. In such situations, it is highly advisable to seek legal assistance from experienced firearms lawyers in NSW who specialise in criminal defence. Some instances when it is crucial to contact a firearms lawyer are:

  1. Upon Receiving a Suspension Notice

As soon as you receive a Suspension Notice, reach out to a firearms lawyer promptly so they can review the grounds for suspension, assess the strength of your case and provide guidance on the best course of action to protect your rights.

  1. Disagreeing with the Suspension

If you believe that the suspension is unjustified or there are mitigating circumstances, a firearms lawyer can help you prepare a strong case to challenge the suspension. They will analyse the details of your situation, gather evidence and present compelling arguments on your behalf.

  1. Assistance with Legal Procedures

A firearms lawyer can provide invaluable assistance, which ensures that you meet all the necessary deadlines, complete required documentation accurately and effectively communicate with relevant authorities.

  1. Seeking Licence Reinstatement

If your licence has been suspended, a firearms lawyer can guide you through the process of seeking licence reinstatement. They will help you understand the steps involved, compile supporting evidence and present a persuasive case to the Firearms Registry, increasing your chances of a successful outcome.

  1. Expert Legal Representation

In more complex cases or situations involving criminal charges, having legal representation is a must. Lawyers specialising in firearms will defend your interests, safeguard your rights and use their knowledge and experience to navigate the legal system effectively.

When facing firearms licence suspension in NSW, having the right legal representation helps you protect your rights. At Jackson John Defence Lawyers, we specialise in criminal defence, with a dedicated team of firearms lawyers ready to assist you.

We understand the nuances of firearms legislation and the intricacies of the suspension process. We provide comprehensive legal support, offering tailored advice and strategies to help you through this challenging time. With our expertise in firearms law and our commitment to client satisfaction, we are here to fight for your rights and work towards a favourable resolution.

Contact us today to schedule a consultation and learn how we can help you.