Losing your licence
Cancellation of firearms licences
Automatic cancellation of a licence
A firearms licence will be automatically cancelled in the following situations:
- The licensee becomes subject to a firearms prohibition order or a confirmed protection order under the ACT Domestic Violence and Protective Orders Act 2001 (ACT legislation register)
- The licensee becomes subject to a confirmed restraining order under the ACT Magistrates Court Act 1930 (ACT legislation register), unless the court orders otherwise.
- The registrar is of the opinion that the licensee is no longer a 'fit and proper person' to hold a licence.
- It becomes apparent to the Registrar that the initial licence should have been refused.
Other reasons for cancellation
A firearms licence may be cancelled if the licensee:
- has obtained the licence by deception
- has contravened any provision of Section 39 of the Firearms Act (ACT legislation register) or the Regulations
- has failed to comply with the safe storage requirements, or
- has contravened any condition of the licence.
What happens when a licence is cancelled
When a licence is cancelled, a notice of suspension is issued and the licence holder is required to deliver their firearm(s) to the Firearms Registry. Failure to comply will result in the firearm(s) being seized.
If your firearms licence is suspended you have the right to appeal to the Administrative Appeals Tribunal.
Refusal to grant a firearms licence
The Firearms Registrar shall not issue licences to applicants within a period of 10 years from the date that applicants were:
- the subject of a protection order under the Domestic Violence Act 1986
- the subject of a restraining order under the Magistrates Court Act 1930, or
- convicted in the ACT or elsewhere of an indictable offence involving the use of a firearm or actual or threatened violence.
Review decisions for firearms licences
Applications can be made to the Administrative Appeals Tribunal for a review of specific decisions made by the Firearms Registrar.
The types of decisions that can be appealed against are listed in Section 113 of the Firearms Act 1996.
Examples of these decisions include:
- refusing to issue a licence or permit
- cancelling licences, permits or registration
- not approving the modification of a firearm.
Surrendering your firearms licence
If you no longer require your firearms licence it must be surrendered to the Firearms Registry. Your surrendered licence needs to be accompanied by a letter to confirm that it is no longer required.