Citation(s) from the literature library

Tasmania. 1996 ‘General Restrictions on Granting Licence.’ Firearms Act 1996 (Act as at 4 November 2015); Part 2 (Section 29). Hobart: Legislative Council and House of Assembly. 30 August

Relevant contents

29. General restrictions on granting licence

(1) The Commissioner must not grant an application for a licence unless the Commissioner is satisfied that the applicant -
(a) is at least 18 years of age; and
(b) is a natural person; and
(c) is a fit and proper person; and
(d) has satisfactorily completed an approved firearms safety course; and
(e) is able to meet the storage and safety requirements specified in Part 5.

(2) In deciding whether a person is a fit and proper person the Commissioner is to take into account the following:
(a) any likelihood of the person using a firearm -
(i) for an unlawful purpose; or
(ii) to harm himself or herself;
(b) the mental and physical condition of the person;
(c) any criminal activity of the person, whether in Tasmania or elsewhere;
(d) any offence committed by the person under this Act or under the Guns Act 1991;
(e) the ability of the person to exercise reasonable and responsible control over a firearm;
(f) whether the person is subject to a restraint order, interim restraint order, family violence order, interim family violence order or police family violence order or has, at any time in the 5-year period immediately before lodging the application, been subject to such an order;
(g) whether the person is subject to a recognisance, granted in Tasmania or elsewhere, to keep the peace.

(3) The Commissioner must not grant an application for a licence to a person who -
(a) within the period of 5 years before the application was made, has been convicted in Tasmania or elsewhere of any crime involving violence to another person, whether or not the crime is a crime under a law of Tasmania; or
(b) has at any time been sentenced to a term of imprisonment, whether in Tasmania or elsewhere, for an offence involving violence to another person unless the Commissioner is satisfied that the nature of the offence, the term of imprisonment and the length of time since that term expired do not justify the refusal to grant the licence; or
(c) has been convicted of an offence under Division 1 of Part 3 of the Guns Act 1991 or under section 114 of this Act or a crime under section 183 of the Criminal Code; or
(d) is subject to a firearms prohibition order, or one or more of the following in relation to personal injury:
(i) a restraint order;
(ii) an interim restraint order;
(iii) a family violence order;
(iv) an interim family violence order;
(v) a police family violence order; or
(e) in the Commissioner's opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, is a risk to public safety.

(3A) If an application for a licence is being determined by a delegate of the Commissioner, the opinion referred to in subsection (3)(e) must be that of the Commissioner and not the delegate.

(4) The Commissioner must not grant an application for a licence if the Commissioner has reasonable cause to believe that a person who is not a fit and proper person is likely to gain possession of any firearm in the possession of the applicant.

(5) The Commissioner must not grant an application for a licence authorising the possession or use of a firearm unless -
(a) the Commissioner is satisfied that the applicant has a genuine reason for possessing or using the firearm; and
(b) the applicant produces evidence to the Commissioner's satisfaction in relation to the requirements specified in Division 6 of this Part in respect of that reason.

(6) Notwithstanding subsection (5), an applicant for a firearm heirlooms licence is not required to establish or provide a genuine reason in applying for the licence.

ID: Q2955

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