Firearms Lawyer Simon Munslow answers your legal questions.

Does being on a bond for a drink driving offence affect my Firearms Licence?


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Q: ‘I’m on a bond for a DUI, does this stop me getting a Firearms Licence’? Jason, Bourke, NSW’.

The bond itself should not. The law was amended some years ago at the behest of the National Party, because a lot of farmers were loosing their Firearms Licences as a result of bonds imposed by Courts for unrelated offences.

Section 5 of the Firearms Regulations 2006 sets out the offences that prevent a person holding a Firearms Licence and it lists matters like assault occasioning actual bodily harm, a number of sexual offences including sexual assault, certain drug offences, Firearms offences and acts of terrorism.

Part 2 of the regulation sets out the offences that will, in the event of a conviction or ‘Section 10’ with bond (where the Court has found you guilty, but has not registered a conviction, but has imposed bond).  These mirror the offences in Section 5(1) so broadly speaking, a bond for a drink driving offence will not effect your capacity to obtain a licence.

I say ‘broadly speaking’ because the Registry has to satisfy themselves that you are responsible enough to have and maintain possession of a firearm. A history of intemperate habits and a bad traffic record demonstrating poor compliance with the law can be held against you in this regard.

See Loose Cannon 18-26 September 2014 for more information on this.

Simon Munslow

This article is for information only, it does not constitute legal advice.  If needed, seek an opinion dealing with your particular circumstances. Reading this article does not give rise to a solicitor-client relationship.


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