I have a firearm licencing question. Can you help me out? Queensland. I have contacted a rifle club which is part of the

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Customer: Hey Pearl, my names Robert and I have a firearm licencing question. Can you help me out?
JA: What state are you in? It matters because laws vary by location.
Customer: Queensland
JA: What steps have you taken so far?
Customer: I have contacted a rifle club which is part of the requirement and I have looked at the application process. I am an ex serving Defence Force Member and want to get back on the range however I have some legal concerns
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. The following are all no conviction recorded - 2009 possesion of a knuckle duster - 2010 common assault - 2011 possession of a knife in a public place (butter knife). Conviction recorded - 2014 Public Nuisance and Wilful Damage 6 month suspended sentance. I also have a current working with children blue card - and discharged from the Defence in 2017 after almost 6 years of service. I am curious to know if this would inhibit me attaining a licence as they were all over 5 years ago.
Answered by Daniel in 2 hours 2 years ago
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Daniel, Expert

Hello
I can assist.
Given the offences, it will be very unlikely that a licence will be given. The test of a good character does not end outside the 5 year period sadly.
In my view, it would be unsuccessful. A suspended sentence is a custodial sentence, just not served IN custody.

The 5 year period is for renewal of licences, see here:

WEAPONS ACT 1990 - SECT 10B Fit and proper person—licensees
Fit and proper person—licensees
10B FIT AND PROPER PERSON—LICENSEES
(1) In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things—
(a) the mental and physical fitness of the person; and
(b) whether a domestic violence order has been made, police protection notice issued or release conditions imposed against the person; and
(c) whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and
(ca) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates—
(i) the person is a risk to public safety; or
(ii) that authorising the person to possess a weapon would be contrary to the public interest; and
(d) the public interest.
(2) However, for the issue, renewal or revocation of a licence, a person is not a fit and proper person to hold a licence if, in Queensland or elsewhere within the relevant period—
(a) the person has been convicted of, or discharged from custody on sentence after the person has been convicted of, any of the following offences—
(i) an offence relating to the misuse of drugs;
(ii) an offence involving the use or threatened use of violence;
(iii) an offence involving the use, carriage, discharge or possession of a weapon; or
(b) a domestic violence order, other than a temporary protection order, has been made against the person.
(3) Also, for the issue, renewal, suspension or revocation of a licence, a licensed dealer is not a fit and proper person to hold a licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer.
(4) A person is not a fit and proper person to hold a licence if the person is prevented by an order, other than a temporary protection order, of a Queensland court or another court outside Queensland from holding a licence or possessing a weapon.
(5) In this section—

"relevant period" means—
(a) for the issue or renewal of a licence—the 5 year period immediately before the day the person applies for the issue or renewal of the licence; or
(b) for the suspension or revocation of a licence—the 5 year period immediately before the date of the suspension notice under section 28 , or a revocation notice under section 29 , is given for that suspension or revocation.

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