Does an AVO affect a Firearms Licence in NSW? Well, an AVO is not a criminal charge. However, an AVO can still have an impact on your employment or personal circumstances, beyond the conditions imposed by the AVO itself. One example, is the impact an AVO can have on a Firearms Licence.
Does an AVO affect my current Firearms Licence?
Your current Firearms Licence is automatically revoked if you are subject to a Final AVO. Therefore, before agreeing to a Final Order, you should seek advice from a specialist criminal lawyer.
Once a Final AVO is in place, you are then precluded from reapplying for your Firearms Licence for 10 years. However, some exceptions apply, outlined below.
Does an AVO affect new applications for a Firearms Licence?
If the following circumstances apply to you, you will not be able to apply for a firearms licence:
- If you are currently subject to an AVO: This includes a Final Order, as well as an Interim AVO; or
- If an AVO has been made against you in the last 10 years: An AVO is defined in the legislation as being a “Final Order”. Therefore, if you have agreed to a Final AVO, or a court has ordered a Final AVO against you, in the last 10 years, you will not be able to apply for a Firearms Licence. However, you can avoid this 10 year exclusion, if the Final AVO is revoked (see below).
What should I do if I need my Firearms Licence?
If your AVO is still a Provisional or Interim Order, you can contest it. The Local Court will list the matter for a hearing. At the hearing, the magistrate will consider whether there are grounds for finalising the AVO. If you are successful, the AVO application will be dismissed. There will no longer be an Interim AVO in place. You can then make an application for your firearms licence.
If you are currently subject to a Final AVO, you should get legal advice from a specialist criminal lawyer. This is because there may be grounds to have the AVO revoked. For example, if the circumstances relating to the grounds for the AVO have changed. If successful, the 10 year exclusion on obtaining a firearms licence would no longer apply to you. Accordingly, you could apply for your firearms licence as soon as the AVO has been revoked.
However, as explained above, while an Interim AVO Order or Final AVO Order is in place, you cannot hold or apply for a Firearms Licence.
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