It is not uncommon for a Respondent to hold a weapons licence and have weapons and/or ammunition stored in accordance with that weapons licence.  The Respondent may need that licence because they live on a rural property, need a weapon for his (or her) job or simply be a part of a recreational or sporting club. There isn’t anything wrong with that, is there?

Unfortunately for a respondent to a DVO Application, there is.

There are three vitally important things that a respondent in this situation need to know.

  1. If a Temporary Protection Order is made, you must surrender your weapons licence and weapons to the nearest police station. this must be done the day after you were in Court and the order was made or was served on you. If you do not do this, you may commit an offence.
  2. If a Protection Order is made, you will lose your weapons licence and weapons for at least 5 years.
  3. If the Temporary Protection Order is removed or you are eligible to apply for your weapons licence again after the 5 years, you may have difficulty in obtaining a licence because your suitability matters have changed.

It does not matter that the DVO Application had nothing to do with your weapons licence, your weapons or how responsible you are with either and it does not matter whether the aggrieved or applicant does not want it to have adverse consequences on your weapons licence.

You cannot ask the Court to allow you to have your licence or “override” these three things, once a Court has made a Temporary Protection Order or a Protection Order, it has no power to change these effects.