If you hold a firearms licence and an apprehended violence order has been applied for against you, the licence is affected by the order that is made. An interim order and a final order have different consequences, and this article sets out what each does and what to do about the licence while the matter is still running.
Two orders, two different consequences
The NSW Police Force sets out the position on its own firearms suspension, refusal and revocation page: an interim apprehended violence order automatically suspends a firearms licence, and a final apprehended violence order revokes it. Those are two different things, and the words are worth keeping straight.
The Firearms Act 1996 (NSW) is the authority for both, and it is the document to check rather than anything on this page.
Check the licence status, do not infer it
Do not assume your licence is active because an order has ended or changed. Check your current licence status with the Firearms Registry before possessing or using firearms.
It does not wait for the hearing
An interim order can be made early in a matter, before any court has decided whether the grounds for a final order are made out. The effect on the licence follows the interim order. Being confident about the final result is not a reason to treat the licence as unaffected in the meantime. What an interim order is, and when it binds you, is set out in interim and provisional orders.
Consenting without admissions does not avoid it
Agreeing to a final order without admitting the allegations still produces a final order, and the consequence for a firearms licence follows the order rather than the admission. If you hold a licence, or your work depends on one, say so before any agreement about a final order is discussed. See consent without admissions.
What to do about the firearms themselves
Follow exactly what the order and any notice you are given require, and follow it by the date given. Do not work out your own arrangement, and do not ask the protected person what they think should happen with them. If anything about what must be handed over, to whom, or by when is unclear, ask your lawyer or ask police directly.
Whether a licence can be applied for again after a revocation, and when, is a question about your own circumstances. Get advice on it rather than assuming either way.
If your work depends on the licence
Raise it at the start rather than after the order is made. A firearms licence is not the only kind of authorisation an order can reach, and the conditions sought are part of what is dealt with in the proceedings.
Where to read more
Legal Aid NSW — Defending an AVO and the Local Court of New South Wales both set out how these applications are dealt with. Where anything here differs from them, or from the Firearms Act itself, they are the authority.