Eligibility requirements for firearm applications

This information is relevant for:

• longarm licences, and
• junior longarm licences.

Finding the right course

To apply for a Victorian firearm safety course for a longarm or junior licence, you should:

• use an online search engine to find your local firearm safety course provider
• attend a safety course in your local area.

Safety courses are run based on demand. Courses will not run if there are insufficient numbers.

Assessment

At the end of the course, you will sit a short multiple-choice test.

Read the Firearm Safety Code booklet to help you prepare for the safety course and test:

Course completion certificate

You will receive a completion certificate at the end of the course.

You must attach the completion certificate to your licence application form.

Finding the right course

For handgun licence applications, you will need to complete a handgun licence safety course.

You will need to contact an approved handgun target shooting club to arrange your course.

Assessment

At the end of the course, you will you need to complete a:

• short, multiple choice test
• practical test.

Course completion certificate

You will receive a completion certificate at the end of the course.

You must attach the completion certificate to your licence application form.

Finding the right course

For paintball marker licence applications, you will need to complete a Victorian paintball marker safety course.

You will need to contact a paintball operator to arrange the course.

Assessment

At the end of the course, you will sit a short multiple-choice test.

Course completion certificate

You will receive a completion certificate at the end of the course.

You must attach the completion certificate to your licence application form.

For private security firearm applications, you will need to complete the Control Security Risk Situations Using Firearms unit of competency.

This unit is covered in the following courses:

• Certificate III Armed Guard
• Certificate III Cash-In-Transit
• Certificate III Combined Armed Guard and Cash-In-Transit.

You will need to re-take the firearm-specific unit of competency each year.

For more information, visit our private security authority types, eligibility and training page.

An interim intervention order is a short-term order made by a magistrate.

A respondent in an interim intervention order is not considered a prohibited person. This is unless the order contains conditions or rules about firearms.

Interim intervention orders remain in place until:

• they expire, or
• a determination on a final order is made.

Firearm conditions in interim intervention orders

Interim intervention orders can be issued with firearm conditions.

These conditions can include:

• the suspension of a firearm licence, or
• the surrender of firearms for the duration of the order.

Firearms conditions must be strictly observed.

Applications to vary or remove these conditions must be lodged at the Magistrates Court where the prohibitive order was made. Except:

• If you are the subject of any prohibiting intervention order or criminal outcomes interstate. In this case, you must lodge your application at the Supreme Court. Or,
• If you are the subject of any prohibiting intervention orders or criminal outcomes as a result of proceedings in the County Court. In this case, you must lodge your application at the County Court.

Applications can be opposed by Victoria Police and affected family members.

A final intervention order is a longer-term order where a magistrate believes a person needs protecting.

A respondent in a final intervention order is considered a prohibited person for:

• the duration of the order, and
• five years after the expiry of the order.

Respondents in final intervention orders that do not contain conditions to cancel firearm licences, permits or authorities are eligible to make an application to be deemed non-prohibited under section 189 of the Firearms Act 1996.

Firearm conditions in final intervention orders

Final intervention orders can be issued with firearm conditions.

These conditions can include:

• the suspension of a firearm licence, or
• the surrender of firearms for the duration of the order.

Firearms conditions must be strictly observed.

Respondents in final intervention orders are not eligible to make a section 189 application to be deemed non-prohibited if their intervention order contains conditions to cancel firearm licences, permits or authorities, unless the order is first varied to remove the firearms conditions.

To be deemed non-prohibited, respondents need to:

1. make an application to vary the final intervention order to remove the firearms condition
2. if the application to vary the order is approved, lodge an application under section 189 of the Firearms Act 1996

Respondents in final intervention orders that are revoked or expired remain prohibited for five years.

The five year period begins from the date the order was revoked or expired. For example, if your order was revoked or expired on 1 December 2022, you will remain a prohibited person until 1 December 2027.

If your intervention order does not contain firearm conditions, you can make an application to become non-prohibited under section 189 of the Firearms Act 1996. This can be done at any time during your prohibited period.

If your intervention order does contain firearm conditions, you are ineligible to make an application to become non-prohibited unless the order is first varied to remove the firearms conditions.

To be deemed non-prohibited, respondents need to:

1. make an application to vary the intervention order to remove the firearms condition
2. if the application to vary the order is approved, lodge an application under section 189 of the Firearms Act 1996.

Some prohibited people can apply to the court to be deemed non-prohibited. This is under section 189 of the Firearms Act 1996.

Prohibited persons who can apply to the court to be deemed non-prohibited are:

• Respondents subject to a final intervention order that does not include a condition that cancels a firearm licence, permit or authority.
• A person who has been found guilty by an Australian court in the past 12 months for:
  • an offence against the Act where it was possible to receive a term of imprisonment, but one was not given
  • An offence against any other Act involving the possession or use of firearms where it was possible to receive a term of imprisonment, but one was not given
  • an indictable offence against any Act where it was possible to receive a term of imprisonment, but one was not given.

How to apply to be non-prohibited

To be deemed non-prohibited you must make an application to the court under section 189 of the Firearms Act 1996.

Section 189 application forms are available from any Victorian court.

When you lodge your application you will receive a hearing date from the court.

In Victoria, your section 189 application must be lodged at the same level of court that heard the case where you become prohibited. For example, if your final intervention order matter was heard at the Magistrates' Court you must lodge your application with the Magistrates' Court.

When to apply to the Supreme Court of Victoria to become non-prohibited

You must lodge your section 189 application with the Supreme Court of Victoria if:

• you became prohibited as a result of a criminal matter heard in a state or territory other than Victoria, or
• your final intervention order was issued in a state or territory other than Victoria.

Notifying the Chief Commissioner of your application

The Chief Commissioner must receive 28 days' notice of your application.

The Licensing and Regulation Division will notify the Chief Commissioner after being notified by the court.

Circumstances where you can’t make a section 189 application

You are not eligible to make a section 189 application if:

• you are a respondent in an interim intervention order that is issued with firearm conditions
• you are a respondent in a final intervention order that includes a condition that cancels your firearm licence.

To be eligible to make a section 189 application you will need to make an application to the court to vary the final intervention order to have the condition removed.

After you lodge your section 189 application

Once you have lodged your section 189 application, the court will send a copy to the Licensing and Regulation Division.

Where there is an intervention order, affected family members (or protected persons) will be interviewed about whether they oppose the application.

If the affected family members oppose the application, police will usually support them.

Police may also decide to oppose the application even if an affected family member doesn’t oppose it.

If your application is opposed

If the application is opposed, it will usually be adjourned to a later date. Police will file material about opposing the application. Applicants can also be ordered by the court to file material to support their application.

The application will be set down for a contested hearing where the applicant may call witnesses and give evidence to support their application.

Police can call witnesses to give evidence opposing the application, such as:

• affected family members, and
• police members.

If your application is not opposed

If the application is not opposed, the court will usually make a determination at the first hearing.

If your licence was suspended

If there are no other probity issues that concern the Chief Commissioner, your licence may be re-instated and your licence card returned.

If your licence was cancelled

If your firearm licence was cancelled prior to the section 189 application, you will need to apply for a new firearm licence.

If your licence was suspended and your section 189 application was unsuccessful, your licence will be cancelled by the Licensing and Regulation Division.

You will receive a notification by mail that your suspended licence has been cancelled. You will then have 28 days to:

• have firearms stored at a police station, or
• transfer firearms to a licensed firearm dealer, or
• surrender firearms for destruction.

You will remain a prohibited person until:

• you make a successful section 189 application, or
• your prohibition period expires.